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Mother and children prevented from visiting the father who is a "Church of the Nativity" deportee: the case of RA
5263/08 | 5263/08 | documents: 3  |  Updates: 3 In September 2002, both the husband and the father of RA, a resident of Bethlehem, were removed by Israel to the Gaza Strip, at the termination of the incident where wanted Palestinians had barricaded themselves in the Church of the Nativity. A year later, RA moved with her infant daughter to live with her husband in Gaza. In September 2006, RA left Gaza with her two children to visit the family in Bethlehem. Wishing to return home to Gaza, she applied to the Bethlehem District Coordination Office (DCO), requesting passage back to Gaza. Israel denied her request. For about a year, she reapplied repeatedly and was denied every time on the grounds of "security preclusion". HaMoked appealed on her and her children's behalf to the legal advisor for the West Bank, demanding to issue them entry permits to Israel for their passage to Gaza, pointing out the military is obligated to allow relatives to visit Church of Nativity deportees in the Gaza Strip, as it pledged in the Al-‘Abayat case. The legal advisor's response dismissed the obligation, claiming the circumstances have changed substantially since the Al-‘Abayat case judgment, rendering the arrangement irrelevant. A provoking statement ends the response, hinting that if RA requests to permanently relocate to Gaza, the answer would be positive. HaMoked reiterated that Israel must keep its obligation to allow RA and her children to visit Gaza, so long as the decision to restrict her father’s and husband’s residence remains in place.

HaMoked petitioned the High Court of Justice (HCJ) to order the woman and children be allowed to travel to Gaza. The HCJ rejected the petition, yet spurred the state to announce the obligation to allow family visits still holds, dependent on the security situation, and to allow the petitioners to travel back to Gaza once the security situation so permits.


HCJ 5263/08 - Al-Harimi et al. v. Commander of the Military in the Occupied Territories Judgment
Judgment / Supreme Court  |  5263/08  |  11.2.2009
The HCJ rejected HaMoked's petition to allow a woman and her children to travel from the West Bank to the Gaza Strip to visit the father of the family, who was removed to Gaza following the May 2002 incident in which Palestinians barricaded themselves in the Church of the Nativity. The Court ruled that the undertaking was contingent upon circumstances, and the security situation in Gaza followi...
HCJ 5263/08 - Al-Harimi et al. v. Commander of the Military in the Occupied Territories Response on behalf of the Respondent
Response to Petition  |  5263/08   |  28.8.2008
The State's response in HaMoked's petition to allow a woman and her children to travel from the West Bank to the Gaza Strip to visit the father of the family, who was removed to Gaza following the May 2002 incident in which Palestinians barricaded themselves in the Church of the Nativity. The respondents claim that although they had undertaken, in HCJ Alabayiat, 2004, to allow visits by the fam...
HCJ 5263/08 - Al-Harimi et al. v. Commander of the Military in the Occupied Territories Petition for Order Nisi
Petition to HCJ  |  5263/08  |  12.6.2008
HaMoked's petition to allow a woman and her children to travel from the West Bank to the Gaza Strip to visit the father of the family - who was removed to Gaza following the May 2002 incident in which Palestinians barricaded themselves in the Church of the Nativity - whom they had not seen since September 2006. The petitioners claim the army's refusal to allow the visit constitutes a violation ...
Updates
10.5.2010
The HCJ rejected HaMoked's petition to allow a woman to enter Gaza to join her husband, who was among the Palestinians removed from the Church of the Nativity: the justices ruled so long as the woman was unwilling to separate permanently from her parents and permanently relocate to the Gaza Strip, she and her young children could not meet the husband
18.3.2009
The HCJ rejected HaMoked's petition to allow a woman and her children to visit the father of the family, who was among the Palestinians removed from the Church of the Nativity in Bethlehem to the Gaza Strip: However, the HCJ ruled that the military's undertaking to permit entry to Gaza is still in effect, but is contingent upon the security circumstances
2.7.2007
HaMoked has filed a petition demanding that members of a Palestinian family from the West Bank be granted entry permits to Israel in order to travel to the Gaza Strip and visit the father of the family, who was among the Palestinians removed from the Church of the Nativity in Bethlehem: the military promised to permit such passage in HCJ 10677/04 but has declined to do so in practice, ignoring ...
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