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Failures in implementing the procedure for advance inquiry on exit bans: the case of HH
documents: 0  |  Updates: 0 HH, born 1944, lives in Bitunya in the West Bank. She was never interrogated or arrested. Her elderly and ailing mother lived in Jordan. In November 2009, HH sought to visit her mother, then well into her eighties, whom she had not seen for the previous two years, but she was prevented by the Israeli authorities from exiting at the Allenby Bridge border crossing. Her son went to the Ramallah District Coordination Office (DCO) to submit an objection to the exit ban against her, but he was notified both orally and in writing that there was no ban against her. But a few days later, when HH returned to Allenby Bridge, the military prevented her yet again from passing through, and she had turn back and go home. She tried telling the soldiers that she was notified just a few days before that there was no security ban on her exit, but her explanations fell on deaf ears.

HaMoked contacted the military legal advisor for the West Bank on HH’s behalf, asserting that her case, as other such cases handled by HaMoked, demonstrated that the procedure for advance inquiry – aimed at allowing Palestinians to ascertain in advance whether there was an exit ban preventing their exit abroad – completely failed its purpose. In February 2010, the military responded that the information given to HH’s son stemmed from a mistake, and that it was impossible to allow HH to leave the West Bank “in view of her links with the Hamas organization”. In April 2010, HaMoked filed a petition on her behalf to the High Court of Justice (HCJ). Still, in its response to the court, the military persisted in refusing to allow HH’s exit.

Given HH’s age, and her mother’s deteriorating condition, HaMoked asked the military to come up with a reasonable solution that would balance between the security allegations and the violation of HH’s rights, who might otherwise never see her mother again. In the hearing, after the court reviewed the classified material ex parte, the State Attorney’s Office announced that HH would be allowed to leave for Jordan for 24 hours, provided she deposited a monetary guarantee of ILS 5,000 and signed a pledge not to transport anything from the West Bank to Jordan and back.

Given the various restrictions imposed on her departure for Jordan, HH decided not to set out on the visit.


mail@hamoked.org.il (02) 627 1698   (02) 627 6317

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