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Visits to prisoners by relatives from Gaza: HCJ petition 5268/08
5268/08 | documents: 2  |  Updates: 3 In June 2007, after Hamas seized control of the security forces in Gaza, Israel decided to cancel all family visits to Gaza residents incarcerated inside Israel. According to official and unofficial statements by Israeli officials, three considerations led to the decision: the absence of a counterpart for coordinating visits; the government's decision to ban travel from Gaza, "a hostile entity at war with Israel"; the denial of visits to the captive soldier Gilad Shalit.

In June 2008, HaMoked and nine other human rights organizations, together with five Gaza prisoners and relatives of prisoners petitioned the High Court of Justice against this Israeli policy. At the time the petition was written, 900 Gaza residents inside were incarcerated in Israel, among them women and minors. The petition asserted that the ban on visits not only affected the prisoners' right to meet their families, but also the families themselves, for whom the rare brief visits are the only opportunity for contact with their loved-ones. The visits ensure that the prisoner's rights to family and parenthood are curtailed in a reasonable manner, and that their relatives' right to family is maintained. Concerning the assertion that there was no official agency with which to coordinate visits, the petition argued that the visits, in any event, had not been coordinated with the Palestinian Authorities but with the International Committee of the Red Cross; that ICRC had arranged the transportation of families to the prisons; and permits for visits via ICRC transportation were subject to strict criteria and the discretion of security officials. Thus, the change of leadership in Gaza had no bearing on the implementation of visits. Additionally, it is worth mention that the ICRC itself called for the resumption of visits. The petitioners also stressed that a sweeping cancellation of visits constituted a form of collective punishment, prohibited under Israeli law and international law alike.

The state responded that the petition should be dismissed outright, because it related to matters of a decidedly political nature, which do not call for judicial intervention. The state's position was based on the view that the Palestinians in Gaza were residents of a hostile entity to Israel, hence they had no right to enter Israel, and Israel had no obligation to allow their entry.

The petition was heard in October 2008, along with a similar petition. In its ruling of December 2009, the court determined held there was no need to intervene in the state's decision to prevent Gaza residents' entry to Israel for visits to relatives incarcerated therein.

HCJ 5268/08 - Anbar et al. v. GOC Southern Command Judgment
Judgment / Supreme Court  |  5268/08  |  9.12.2009
Judgment petitions filed by HaMoked and Adalah to allow Gazans to enter Israel to visit relatives incarcerated therein. The HCJ rejects the petitions, ruling the visits are not a basic humanitarian necessity. The court maintains that since after disengagement Gaza is no longer under Israeli occupation, Israel is no longer obliged to care for anything beyond the basic humanitarian needs of Gaza’...
HCJ 5268/08 – 'Anbar et al. v. GOC Central Command et al. Petition for Order Nisi
Petition to HCJ  |  5268/08  |  12.6.2008
Petition by HaMoked and other human rights organizations regarding renewal of family visits for prisoners from the Gaza Strip imprisoned inside Israel. Israel has been preventing visits from the Gaza Strip for over a year, claiming there is no one with whom to coordinate travel; this, despite the fact that the ICRC has always coordinated the visits. The Petitioners, including five prisoners and...
The HCJ continues its recent hard line and rejects a petition by HaMoked and other human rights organizations to allow relatives of prisoners from the Gaza Strip to visit their loved ones who are incarcerated in Israel: In a short judgment, the court rules, inter alia, that the families’ right to visit their loved ones is not a basic humanitarian right and therefore, Israel is exempt from any o...
The HCJ prevents access to the courts from former inmates who are residents of Israel and whom the IPS forbids to visit their incarcerated relatives: In the judgment, the court rules that the prisoner, rather than the persons who had been denied, has the exclusive right to petition on this matter
HaMoked - Center for the Defence of the Individual and other human rights organizations petitioned the Israeli Supreme Court today to renew family visitations for prisoners from the Gaza Strip being held in Israeli prisons: For over a year, Israel has prevented relatives of prisoners to visit their loved ones, without justification, thereby violating the fundamental rights of the prisoners and ... (02) 627 1698   (02) 627 6317

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