Security Prisoner
Security Detainee
Administrative Detainee
Total
Breakdown of a divided family following a ban on entry to Gaza: the case of NA
6409/08 | documents: 3  |  Updates: 1 In 1999, NA, an Israeli citizen from Qalansuwa, married a Palestinian resident of Gaza. The couple lived together in Qalansuwa until 2004, when the husband moved back to Gaza. NA visited him frequently using permits she received under the "divided families" procedure. Then, for a period of six months, medical problems prevented NA from traveling to Gaza. In February 2008, she applied via HaMoked to the Israelis' bureau at the Gaza District Coordination Office (DCO), to coordinate her entry to Gaza. The DCO responded 4 months later, notifying that "her departure from Israel will not be permitted due to a security impediment".

On July 17, 2008, HaMoked petitioned the High Court of Justice, demanding that NA be allowed to visit her husband whom she had not met for over a year, and that the violation to her freedom of movement, which was causing severe damage to her family life, be stopped. The state's response revealed that NA was being punished for the actions of others: the security reasons for banning her entry to Gaza were based on an alleged terrorist involvement of some members of her family. HaMoked countered that a total visit ban – which meant the tearing apart of the family unit – that was based on security reasons which did not concern the petitioner herself, was excessive and unreasonable.

In the hearing, the justices instructed the parties to examine practical solutions to NA's plight. Throughout the period set by the court for that purpose and until the very last moment, the state made no attempt to promote the issue and effectively ignored all such attempts made by the couple. Consequently, in view of the state's uncompromising position and the enormous difficulties it placed before them, the couple, who had not met for almost two years, despaired of further efforts to have a normal family life and decided to break up the family unit. The petition was therefore dismissed.


HCJ 6409/08 - Azbeh v. GOC Southern Command et al. Application by Consent to Dismiss the Petition
Application  |  6409/08  |  24.11.2008
HaMoked's request to delete a petition to allow an Israeli citizen to visit her spouse who resides in the Gaza Strip. The petitioner's visits to Gaza were conducted through the military-approved Divided Families Procedure, under which Israeli citizens and residents whose spouses live in Gaza are granted renewable visitor permits. The army has prevented the petitioner's visits to her husband for...
HCJ 6409/08 - Azbeh v. GOC Southern Command et al. Response on Behalf of the Petitioners
Response to Petition  |  6409/08  |  27.10.2008
HaMoked's response in a petition to allow an Israeli citizen to enter Gaza in order to visit her husband. For 18 months, the army has prevented the petitioner's entry to Gaza due to a security preclusion which it claims pertains to her relatives. The petitioners claim that the total prohibition of the woman's visit to Gaza stems from security related considerations which have nothing to do with...
HCJ 6409/08 - Azbeh v. GOC Southern Command et al. Petition for Order Nisi
Petition to HCJ  |  6409/08  |  17.7.2008
HaMoked's petition to permit an Israeli citizen entry to Gaza to visit her husband, who resides there. For 18 months, the army has been preventing the petitioner's entry to Gaza, citing a security preclusion pertaining to her relatives. The petitioner's visits to Gaza were conducted through the military approved Divided Families Procedure, under which Israeli civilians and residents whose spous...
Updates
29.12.2008
HaMoked: Center for the Defence of the Individual petitioned the High Court of Justice (HCJ) in the matter of an Israeli citizen who requested entry into Gaza in order to visit her husband, whom she had not seen in over eighteen months: Even after the court instructed the state to find a suitable solution to the petitioner's plight, the state continued to deny the petitioner entry into Gaza, ci...
mail@hamoked.org.il (02) 627 1698   (02) 627 6317

red-id | רד אינטראקטיב