13-Year-Old Arrested in Eilat on Suspicion of “Trespassing” in Her Own Home
Eilat police kept a 13-year-old girl in custody overnight, in part on suspicion of trespassing in a home that turned out to be her own. The Eilat Magistrate’s Court ruled that there were insufficient grounds for such suspicion or for continuing to hold her in custody.
Key facts
- •Court: Eilat Magistrate’s Court
- •Judge: Shai Berger
- •Age of detainee: 13
- •Duration of detention: one night
- •Statute: Youth Law
- •The case number and date of the decision are not specified in the source
What Happened
Police officers arrived at the girl’s home following a report of an incident; according to the report, she claimed that she herself had been assaulted and then locked herself in the secure room. She was arrested on suspicion of trespassing, assault, and insulting a public servant, and was held in custody throughout the night. Police claimed that the girl refused to leave a private home, caused a disturbance, cursed, threatened the officers, and approached them in a threatening manner.
The Court’s Position
Shai Berger, Deputy President of the Eilat Magistrate’s Court, ruled that the investigating unit had, at the very least, erred in arresting the girl, and all the more so in keeping her in custody overnight. The judge noted that she had no prior convictions, the home was her own, and the materials did not establish reasonable suspicion of assault or insulting a public servant. He further stated that the confidential report submitted by the police contained incorrect facts, and described the decision to arrest her as one made without proper exercise of judgment.
Additional Arrests of Minors
The Southern District Public Defender’s Office presented two additional cases. A 15-year-old girl with intellectual and developmental disabilities was kept in custody overnight and, according to the allegation, was questioned without a specially trained investigator; the court later released her to house arrest. In another case, a 15-year-old boy was released under conditions after an acquaintance of his parents agreed to accompany him to the central bus station.
The Dispute Over the Systemic Practice
Shlomo Levy, Director of the Juvenile Department at the Southern District Public Defender’s Office, said that the arrest of children should be used only as a necessary last resort. According to him, the practice in Eilat contravenes the Youth Law, the Dotan Committee Report, and court rulings. The police rejected the allegations and stated that they act responsibly, in accordance with the law, while safeguarding the rights and safety of minors.
What this means for you
The arrest of a minor is not supposed to become an automatic police response: reasonable suspicion, a legal basis, and an individualized examination of the need for continued detention are required. The court also emphasized the risk of causing serious harm to a child as a result of spending a night in a detention facility. The source does not report the final outcome in the 13-year-old girl’s case following the court hearing.
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