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Prevented passage from Gaza to the West Bank for the purpose of marriage: the case of HH
3592/08 | documents: 2  |  Updates: 2 In November 2007, HH, who lived in the Khan Yunis refugee camp in the Gaza Strip, signed a married contract with a man who lives in Zurif in the West Bank. A month later, her father applied to the Palestinian Civil Affairs Committee to arrange for her departure from Gaza to the West Bank for the wedding ceremony. But his request was not transferred to the Israeli side for consideration, as at that time, Israel refused accepting such applications from the Palestinian side, except in cases of death. In April 2008, HH and her parents applied via HaMoked to the Humanitarian Affairs Coordination Center in the Gaza District Coordination Office (DCO), requesting permission to travel through Israel to the West Bank. The DCO responded that the applicants should reapply to the Palestinian committee, thus effectively left them in an impasse.

On April 17, 2008, HaMoked petitioned the High Court of Justice, demanding that HH be allowed to relocate to the West Bank and that her parents be allowed to travel from Gaza to the West Bank and back for the wedding ceremony. In its response, the state accused the petitioners of dissimulation and claimed that HaMoked had concealed HH's real intention – to settle down in the West Bank. The state asserted that for that purpose, a special permit must be obtained, as well as a "stay permit" for the West Bank. HaMoked countered that the state's arguments had no legal foundation, and that Palestinians never needed to obtain stay permits for the West Bank. Moreover, there was no legal stipulation which prohibits the relocation to the West Bank of a Palestinian whose registered address is in the Gaza Strip or vice versa, and neither was it necessary to obtain Israel's permission in order to change a registered address. In an unprecedented step, the state informed the petitioners that they would be allowed to travel to the West bank to attend the wedding ceremony – provided they deposit a sum of ILS 20,000 as a guarantee for the return to the Gaza Strip of the bride and the parents. The court endorsed this proposed guarantee, pending a decision on the principle issue of address changes.

HCJ 3592/08 - Hamidat et al. v. Commander of the Army Forces in the West Bank Respondents' Preliminary Reply
Response to Petition  |  3592/08  |  5.5.2008
Respondents' response to HaMoked's petition to allow a woman and her parents passage from the Gaza Strip to the West Bank where she is to be married. The parents wish to attend the wedding. The respondents claim that the petitioners are disingenuous, and are attempting to conceal the petitioner's true aim which is permanent relocation to the West Bank; for, unlike her parents, she is not seekin...
HCJ 3592/08 - Hamidat et al. v. Commander of the Army Forces in the West Bank Petition for Order Nisi
Petition to HCJ  |  3592/08  |  17.4.2008
HaMoked's petition to allow a woman to travel from the Gaza Strip to the West Bank to be married and begin her life with her husband. The petitioner's parents also wish to travel to the West Bank to attend the festivity. The petitioners claim that the refusal to consider their request is not based on security considerations, since their case was never examined on its merits. They emphasize that...
HaMoked and B'Tselem caution against the severe violation of human rights caused by Israel's unilateral measures whose purpose is to institutionalize and perpetuate a reality of separating and cutting off the Palestinian populations of the Gaza Strip and West Bank from each other: On September 24 2008, the HCJ will hold a hearing on matters of principle raised in HaMoked's petitions relating to...
In response to HaMoked's petition demanding that a bride and her parents be permitted to travel from the Gaza Strip to the West Bank for the wedding, the state demanded that the Petitioners deposit a NIS 20,000 guarantee ensuring that after the wedding they would all return to the Gaza Strip, including the bride: The state accuses HaMoked of disingenuous behavior by concealing the true relief r... (02) 627 1698   (02) 627 6317

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