משרד עורך דין פלילי גיא פלנטר – משפט פלילי | משפט צבאי | דין משמעתי https://www.flanter-law.co.il/en/ משרד עורכי דין - עורך דין פלילי | עורך דין צבאי | דין משמעתי Tue, 18 Apr 2023 15:38:06 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.6 Resolving Military Status with the IDF; Obtaining exemption from Israeli military service or deferral | Desertion | Military draft evasion | AWOL https://www.flanter-law.co.il/en/resolving-military-status-idf-obtaining-exemption-israeli-army/ Tue, 21 Mar 2023 15:43:49 +0000 https://www.flanter-law.co.il/?p=8902 Israeli Military Lawyer – Resolving Military Status with the IDF | Obtaining exemption from Military Service or Deferral of military Read more >

הפוסט Resolving Military Status with the IDF; Obtaining exemption from Israeli military service or deferral | Desertion | Military draft evasion | AWOL הופיע ראשון במשרד עורך דין פלילי גיא פלנטר - משפט פלילי | משפט צבאי | דין משמעתי

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Resolving Military Status with the Israeli Army.

Resolving Military Status with the Israeli Army – Israeli Military Lawyer.

Israeli Military Lawyer – Resolving Military Status with the IDF | Obtaining exemption from Military Service or Deferral of military service

  • Our Israeli Military Law Office provides legal representation to deserters, military draft dodgers, children of immigrants from Israel, returning minors and all others concerned with resolving their Military Status with the IDF.
  • In appropriate cases, we resolve our client’s military status by way of obtaining a deferral of military service or a full exemption from Israeli military service.
  • Within are areas of practice, we focus on Israeli Military Law. Our legal team includes military lawyers from the Israeli Military Advocate General’s Office, the Military Police and the Israeli General Security Agency (“Shabak”). All our lawyers are certified to appear before the Israeli military courts. 
  • Our law firm provides legal counsel and legal representation to Israelis residing abroad without permission, evaders and deserters regarding resolving their military status vis-à-vis the Israeli Army.

What are clients are saying

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The legal obligation to serve in the Israeli Army

  • The legal obligation to serve in the Israeli Army applies to all citizens of the State of Israel in Israel and abroad, even if they have additional citizenship, and even if they were born outside of Israel or permanently live outside Israel. It also applies to permanent residents of Israel even if they are not Israeli citizens. 
  • A word of warning: The obligation to arrange or resolve one’s military status vis-à-vis the military authorities sits fully on the individual in question, and not the authorities. Evasion of military service is considered a criminal offense and if convicted, the offender will not only be sentenced but also obliged to serve in the military and fulfill his legal duty. 
  • The longer the evasion period, the more severe the criminal offence is considered. Hence, it is imperative to attempt to resolve one’s army status with the military’s authorities as soon as possible.

The Israeli Military Prosecution – Attorney for Absentees and Deserters

  • Within the Israeli Military Prosecution, the Military Attorney for Absentees and Deserters is responsible for dealing with draft evading, deserting and unlawfully absenting from military service.
  • In cases of absence from military service, it is the role of the Attorney for Absentees and Deserters to decide whether to bring forward criminal proceedings before a military court, initiate disciplinary proceedings or close the case.

Case study: Resolving military status with the Israeli Army – A client that fled Israel and spent years evading military service (AWOL) granting him an exemption from military service

  • In this page we present a case study of one of our clients without of course any identifying details. Our legal representation resolved his military status with the IDF.

The case in short

  • The military status of a draft dodger that fled Israel and spent many years unlawfully evading his military duty was resolved by our law office; The client was never arrested, never prosecuted, never punished in any way and was granted exemption from military service, allowing him to freely visit Israel as he pleases.

The case study in more detail – Military status with the IDF resolved

  • The client in this case study is a 29-year-old student living in Germany who approached our law office seeking to resolve his legal status with the Israeli Army.
  • The client was born in Kazakhstan and after immigrating to Israel with his parents at the age of 14, received Israeli citizenship.
  • When he was almost 18 years old, instead of his fulfilling lawful duty to enlist in the Israeli army, he fled Israel never to return.
  • Upon evading military service and not presenting himself for recruitment at his designated time, the client was declared AWOL, a deserter, and a warrant for his arrest upon entry to Israel was issued against him.
  • Years later, when the client attempted to resolve his legal status with the Israeli Military by way of approaching the Israeli consulate in Germany, he was denied.
  • In brief, the Israeli military responded to his request to resolve his status by stating the following:  
  • As a rule, the IDF does not negotiate with deserters nor grant their requests.
  • Once immigrating to Israel (making “Aliya”) and becoming an Israeli citizen, he is obligated by law to enlist and serve in the Israeli military. That duty stands, as well as the criminal offence of desertion from military service.
  • If he seeks to resolve his legal status vis-a-vis the Israeli military authorities, he must return to Israel and bear the consequences of his long-standing offence of desertion. Only after he returns to Israel and stands trial for desertion may he put forward his arguments and pleas regarding his legal status.
  • Furthermore, he was specifically told that upon entry to Israel, he will be arrested at the airport and will not be allowed to leave the country before the matter is legally settled.
  • In light of these answers, the client turned to us, asking that we provide him with legal representation and attempt to resolve on his behalf his military status, without him having to return to Israel and facing a court-martial
  • Our law office received from this young man all the relevant information and documents and submitted on his behalf to the Israeli Military authorities a formal request to resolve his legal status by way of full exemption from military service.
  • Within the framework of a special decision, as a supererogation, “beyond the letter of the law” our pleas and arguments were accepted, and the Israeli Military granted our client an exemption from military service. This was achieved:
    • Without the client having to return to Israel to resolve his military status.
    • Without being arrested upon his entry into Israel and being held until his military status is resolved.
    • Without having to serve even one day in military service.
    • Without being court-martialed before a military court for the offense of unlawful absence from military service or desertion.
    • Without being convicted of a criminal offense that would stain his good name with a criminal record.
    • Without serving a single day in prison, nor any other punishment being imposed on him for his long-term evasion from military service.
    • Without having to “return” to the army the period during which he served a prison sentence.
  • Once his status was resolved and he was granted an exemption from serving in the IDF, the border gates of the State of Israel opened to him and he was free to enter and leave Israel as he pleases.
  • Scrolling down this page you may review the decision of the Israeli military authorities to grant our client an exemption from military service, as well as the formal exemption certificate itself.

Israeli Military Law Office Guy Flanter

  • We are Israeli military lawyers. Our legal team includes former military prosecutors, State prosecutors, military police and the Israeli General Security Agency (“Shabak”) lawyers. All our attorneys are certified to appear before the Israeli military courts.
  • We handle all legal matters relating to resolving military status with the IDF.
  • As a general rule, each case falls on its own merits. However, as shown in the example in this page, it may be possible to resolve the client’s military status without the client ever having to set foot in Israel.

Israeli Criminal Defense Attorney & IDF Israeli Military Lawyer

משרד עורך דין פלילי גיא פלנטר

Israeli Military law | Resolving Military status with the Israeli Army – IDF | AWOL | Fugitive | Desertion | Evasion from military service | Draft dogging | Unlawful abstention from military service | Exemption from Israeli military service | Deferral of military service

הפוסט Resolving Military Status with the IDF; Obtaining exemption from Israeli military service or deferral | Desertion | Military draft evasion | AWOL הופיע ראשון במשרד עורך דין פלילי גיא פלנטר - משפט פלילי | משפט צבאי | דין משמעתי

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INTERPOL – Request for access to data & information in INTERPOL’S files about Israeli citizens | Correction or Deletion of data in INTERPOL’S files | Inquiry about inclusion of Israeli citizens in Interpol’s wanted persons list https://www.flanter-law.co.il/en/interpol-information-about-israeli-citizens-correction-deletion/ Sun, 05 Mar 2023 16:37:23 +0000 https://www.flanter-law.co.il/?p=9999 Our Legal Services regarding INTERPOL. As part of our legal services, our law office submits requests for access to data Read more >

הפוסט INTERPOL – Request for access to data & information in INTERPOL’S files about Israeli citizens | Correction or Deletion of data in INTERPOL’S files | Inquiry about inclusion of Israeli citizens in Interpol’s wanted persons list הופיע ראשון במשרד עורך דין פלילי גיא פלנטר - משפט פלילי | משפט צבאי | דין משמעתי

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INTERPOL-  Request for access to data & information, Correction or Deletion of data,  Inquiry about inclusion of Israeli citizens

INTERPOL – Request for access to data & information in INTERPOL’S files about Israeli citizens | Correction or Deletion of data in INTERPOL’S files | Inquiry about inclusion of Israeli citizens in Interpol’s wanted persons list.


Our Legal Services regarding INTERPOL.

As part of our legal services, our law office submits requests for access to data and information in INTERPOL’S files about Israeli citizens and requests for correction or deletion of data about Israeli citizens in INTERPOL’S files.


INTERPOL – Who they are and what they do

  • Interpol is the world’s largest international police organization with 192 member states. Its role is to serve as a platform for international cooperation between the police authorities of the member states of the organization and for realizing the organization’s vision of “creating a safer world”.
  • In essence, it is a police intelligence organization that collects and processes international criminal intelligence for use by the police authorities in the member states of the organization.
  • The official name of the organization is “ICPO-INTERPOL”.
    “ICPO” is an abbreviation of the International Criminal Police Organization, that is, the International Criminal Police Organization.
  • The name Interpol is short for International Police and was chosen in 1946 as the abbreviation for the name of the organization.

The Commission for the Control of Interpol’s Files

  • The Commission for the Control of Interpol’s Files (CCF) is an independent body responsible for processing personal data at Interpol.
  • Among other things, this committee is responsible for handling applications for access, correction and / or deletion of data in Interpol’s information system.
  • By law, any person or entity, referred to as “Applicant”, has the right to file an application with the Commission to:
    • Access data in Interpol files;
    • Correct and / or delete data in Interpol files.
  • The CCF decides on petitions filed by suspects seeking the revocation of “red notices” issued in their name and their inclusion in the international “Wanted persons” list for arrest and extradition.

Request for information from Interpol | Request to correct or delete inclusion in Interpol files

  • The applicant must meet the threshold conditions set by Interpol for submission of the application.
  • The application may be submitted by an attorney, who must hold an appropriate power of attorney.
  • The application must be submitted in one of the following languages: English, Arabic, French or Spanish.
  • After meeting various threshold conditions, the applicant must specify in his application (inter alia) the following:
    • The purpose of the application: Access to Interpol databases, request to correct or delete date or to review date included in Interpol’s databases. 
    • Details about the applicant.
    • A specific power of attorney for the attorney representing the application.
    • The facts underlying the request.
    • Documents supporting the request.

An example of a case handled by our law firm – obtaining an official statment from Interpol stating that our Israeli client is not included in Interpol’s database

  • An Israeli citizen who had been in trouble outside the State of Israel was interrogated by the local police, but before he was criminally prosecuted, he returned to Israel.
  • Upon the client’s return to Israel — due to his legal complications abroad — he lived in fear of leaving Israel’s borders.
  • The client retained our legal services to find out on his behalf whether he was included in Interpol’s databases, and if there was an international declaration labeling him as a wanted person.
  • Our legal team submitted a request on behalf of the client to the CCF (i.e., the Interpol Monitoring Committee).
  • In response, a CCF Secretary notified our law office that our request was found to be admissible; the committee adequately looked into the client’s inquiries and found no information regarding the client in Interpol databases.
  • After receiving this information, the client was able to leave Israel’s borders without fear.
  • This response, sent to our law firm by Interpol Commission secretary may be seen below, excluding any identifying details of our client.

The Law Office of Israeli Criminal Defense Attorney Guy Flanter

  • We are a criminal & Military defense law firm, based in Israel.
  • We handle Interpol related cases regarding Israeli citizens and submit on their behalf various requests including requests for information, correction or deletion of data in Interpol files.
  • For more information about us please see: Israeli Criminal & Military Defense Law Firm.

Israeli Criminal Defense Lawyer | IDF Israeli Military Attorney | Criminal & Military Defense Law Firm in Israel

משרד עורך דין פלילי גיא פלנטר


.INTERPOL – Request for access to data and information in INTERPOL’S files about Israeli citizens | Correction or Deletion of data in INTERPOL’S files | Inquiry about inclusion of Israeli citizens in Interpol’s wanted persons list

 

 

הפוסט INTERPOL – Request for access to data & information in INTERPOL’S files about Israeli citizens | Correction or Deletion of data in INTERPOL’S files | Inquiry about inclusion of Israeli citizens in Interpol’s wanted persons list הופיע ראשון במשרד עורך דין פלילי גיא פלנטר - משפט פלילי | משפט צבאי | דין משמעתי

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Unresolved Military Status with the IDF; One-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018 https://www.flanter-law.co.il/en/unresolved-military-status-idf-one-time-opportunity-visit-israel-without-arrest-april-2018-mid-may-2018/ Tue, 30 Oct 2018 16:16:58 +0000 https://www.flanter-law.co.il/?p=10014 One-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018 for people with unresloved military status Read more >

הפוסט Unresolved Military Status with the IDF; One-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018 הופיע ראשון במשרד עורך דין פלילי גיא פלנטר - משפט פלילי | משפט צבאי | דין משמעתי

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One-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018 for people with unresloved military status
  • Military authorities have recently announced that all those with unresloved military status will get a one-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018.

  • However, in a later statement (28 March 2018) made by the authorized military authorities it has been made clear that those who may be considered as unlawfully abstaining from military service or deserters have not been granted this window of opportunity and will be arrested upon entry to IsraelHence, it is extremely important to verify one’s status before entering Israel. 

  • According to original announcement, in light of Israel’s 70 years of independence celebrations, between the 1st of April 2018 and the 16th of May 2018, people that have unresolved status with the Israeli military will be allowed entry to Israel and exit without arrest.

  • In a letter regarding one of our clients, this announcement has now been formally confirmed, in writing, by the relevant authorized military authority:

“In a one-time and exceptional decision, as part of Israel’s celebration of its 70th anniversary, it has been decided to allow entry to all those whose military status had not been resolved, without arrest.

Accordingly, from 1st of April 2018 and until 15th May 2018, evaders of military service in the Israeli Army will be allowed to freely enter and leave Israel without detention”.

היתר כניסה לאלו שמעמדם הצבאי אינו מוסדר ללא מעצר בתקופת יום העצמאות

היתר כניסה לאלו שמעמדם הצבאי אינו מוסדר ללא מעצר בתקופת יום העצמאות

  • They may use this opportunity to resolve their status during this visit, but if their status has not been resolved they must leave Israel by 16th Of May 2018. From the 17th of May 2018, if they have not left Israel, they will be arrested.

  • For all those who have stayed away from Israel for fear of arrest upon entry because of their unresloved status, this provides a one-time opportunity to visit family or friends in Israel, without being arrested.

  • Many will also use this opportunity to attempt to resolve their status with the Israeli Military, and it is expected that the Israeli Military authorities will be lenient during this specific period.

  • As stated above, in a later statement (28 March 2018) made by the authorized military authorities it has been made clear that those who may be considered as unlawfully abstaining from military service or deserters have not been granted this window of opportunity and will be arrested upon entry to IsraelHence, it is extremely important to verify one’s status before entering Israel. 

Guy Flanter Law Office – Israeli Criminal & Military Lawyers

  • Our Israeli Military Law Office provides legal representation to deserters, military draft dodgers, children of immigrants from Israel, returning minors and all others concerned with resolving their Military Status with the IDF.
  • In appropriate cases, we resolve our client’s military status by way of obtaining a deferral of military service or a full exemption from Israeli military service.
  • For more informaiton please see: Resolving Military Status with the IDF; Obtaining exemption from Israeli military service or deferral | Desertion | Military draft evasion | AWOL.
  • Within are areas of practice, we focus on Israeli Military Law. Our legal team includes military lawyers from the Israeli Military Advocate General’s Office, the Military Police and the Israeli General Security Agency (“Shabak”). All our lawyers are certified to appear before the Israeli military courts.

Israeli Criminal Defense Attorney & IDF Israeli Military Lawyer

משרד עורך דין פלילי גיא פלנטר

Israeli Military law | Resolving Military status with the Israeli Army – IDF | AWOL | Fugitive | Desertion | Evasion from military service | Draft dogging | Unlawful abstention from military service | Exemption from Israeli military service | Deferral of military service

הפוסט Unresolved Military Status with the IDF; One-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018 הופיע ראשון במשרד עורך דין פלילי גיא פלנטר - משפט פלילי | משפט צבאי | דין משמעתי

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Unresolved Military Status with the IDF; One-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018 https://www.flanter-law.co.il/en/resolving-military-status-with-the-idf/ Thu, 22 Mar 2018 16:40:26 +0000 https://www.flanter-law.co.il/?p=9447 One-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018 for people with unresloved military status Read more >

הפוסט Unresolved Military Status with the IDF; One-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018 הופיע ראשון במשרד עורך דין פלילי גיא פלנטר - משפט פלילי | משפט צבאי | דין משמעתי

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One-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018 for people with unresloved military status
  • Military authorities have recently announced that all those with unresloved military status will get a one-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018.

  • However, in a later statement (28 March 2018) made by the authorized military authorities it has been made clear that those who may be considered as unlawfully abstaining from military service or deserters have not been granted this window of opportunity and will be arrested upon entry to IsraelHence, it is extremely important to verify one’s status before entering Israel. 

  • According to original announcement, in light of Israel’s 70 years of independence celebrations, between the 1st of April 2018 and the 16th of May 2018, people that have unresolved status with the Israeli military will be allowed entry to Israel and exit without arrest.

  • In a letter regarding one of our clients, this announcement has now been formally confirmed, in writing, by the relevant authorized military authority:

“In a one-time and exceptional decision, as part of Israel’s celebration of its 70th anniversary, it has been decided to allow entry to all those whose military status had not been resolved, without arrest.

Accordingly, from 1st of April 2018 and until 15th May 2018, evaders of military service in the Israeli Army will be allowed to freely enter and leave Israel without detention”.

היתר כניסה לאלו שמעמדם הצבאי אינו מוסדר ללא מעצר בתקופת יום העצמאות

היתר כניסה לאלו שמעמדם הצבאי אינו מוסדר ללא מעצר בתקופת יום העצמאות

  • They may use this opportunity to resolve their status during this visit, but if their status has not been resolved they must leave Israel by 16th Of May 2018. From the 17th of May 2018, if they have not left Israel, they will be arrested.

  • For all those who have stayed away from Israel for fear of arrest upon entry because of their unresloved status, this provides a one-time opportunity to visit family or friends in Israel, without being arrested.

  • Many will also use this opportunity to attempt to resolve their status with the Israeli Military, and it is expected that the Israeli Military authorities will be lenient during this specific period.

  • As stated above, in a later statement (28 March 2018) made by the authorized military authorities it has been made clear that those who may be considered as unlawfully abstaining from military service or deserters have not been granted this window of opportunity and will be arrested upon entry to IsraelHence, it is extremely important to verify one’s status before entering Israel. 

Guy Flanter Law Office – Israeli Criminal & Military Lawyers

  • Our Israeli Military Law Office provides legal representation to deserters, military draft dodgers, children of immigrants from Israel, returning minors and all others concerned with resolving their Military Status with the IDF.
  • In appropriate cases, we resolve our client’s military status by way of obtaining a deferral of military service or a full exemption from Israeli military service.
  • For more informaiton please see: Resolving Military Status with the IDF; Obtaining exemption from Israeli military service or deferral | Desertion | Military draft evasion | AWOL.
  • Within are areas of practice, we focus on Israeli Military Law. Our legal team includes military lawyers from the Israeli Military Advocate General’s Office, the Military Police and the Israeli General Security Agency (“Shabak”). All our lawyers are certified to appear before the Israeli military courts.

Israeli Criminal Defense Attorney & IDF Israeli Military Lawyer

משרד עורך דין פלילי גיא פלנטר

Israeli Military law | Resolving Military status with the Israeli Army – IDF | AWOL | Fugitive | Desertion | Evasion from military service | Draft dogging | Unlawful abstention from military service | Exemption from Israeli military service | Deferral of military service

הפוסט Unresolved Military Status with the IDF; One-time opportunity to visit Israel without an arrest in April 2018 – mid-May 2018 הופיע ראשון במשרד עורך דין פלילי גיא פלנטר - משפט פלילי | משפט צבאי | דין משמעתי

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