Security Prisoner
Security Detainee
Administrative Detainee
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Forced removal to Gaza following release from administrative detention: the case of SW
documents: 0  |  Updates: 3 On February 21, 2005, SW was released from a nine month long administrative detention, as part of Israeli gestures to President Abu Mazen. Despite the fact that SW had been living with his family in West Bank Jenin since 1996 – well known by both the military and the Israel Security Agency (ISA) – the military opted to release him directly to the Gaza Strip, on the grounds that he was registered in a Gaza address, hence, considered to be "an illegal alien in the West Bank". SW's family had indeed lived in Gaza in the past, until it permanently relocated to Jenin in 1996. Since then, the family's father attempted to have their current address updated in the population registry, but without success – initially, because of the Israeli-Palestinian power struggle over population registry concerns, and later, since 2000, because of the Israeli freeze on address changes from Gaza to the West Bank. SW's family, anticipating his return, was devastated by news of his deportation to Gaza. The family had had its share of grief: SW's sister had been killed when her school was hit by a mortar shell fired by the military. The opportunity to rejoice in their son's homecoming was lost.

Since his deportation, SW lives a transient life, looking every night for a place to sleep. He has not found employment, and has been living on a small rehabilitation allowance, part of which he sends to his parents. HaMoked repeatedly applied to the military for his prompt return to the West Bank, receiving no reply. Therefore, HaMoked petitioned the High Court of Justice. The petition centered on the legality of deportation to Gaza of a Palestinian who lives in the West Bank, without administrative hearing or warrant, solely because hw is listed as a Gaza resident in the population registry. The state, in turn, repeatedly contended that the objection to SW's return to Jenin was "based on available intelligence information regarding him". The petition was rendered void by the security argument, and deleted without consideration of the principle issues involved.


Updates
26.7.2006
The High Court of Justice (HCJ) has rejected a petition submitted by HaMoked demanding that a resident of the West Bank who was deported to the Gaza Strip be permitted to return to his home and family in Jenin: The Petitioner was held in administrative detention in Israel and “released” from prison directly to the Gaza Strip, on the grounds that his registered address is in this area, and accor...
6.2.2006
Following HaMoked's petition to the HCJ, a mother and son are allowed to return from Gaza back to their West Bank home: for over five years the petitioners' family, formerly from Gaza, has been living in the West Bank. The mother and her young son went on a family visit to Gaza, expecting to return within a few days, but were prevented from doing so by the military. Following submission of the ...
28.9.2005
The Court issued an Order Nisi instructing the State to explain the deportation of a Jenin resident to the Gaza Strip: On 28 September 2005, the HCJ held a hearing on HaMoked's petition. The Justices ordered the State to explain, within 60 days, why the resident was deported without a court order or any guarantees for minimizing the injury to his rights. The petitioner was deported on the claim...
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