Security Prisoner
Security Detainee
Administrative Detainee
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Two "divided families" torn apart: the case of the AM family
documents: 0  |  Updates: 2 HA is an Israeli resident who lives in the Israeli town of Rehovot and is married to a Rafah Palestinian. The couple lived together in Gaza from September 2005 until May 2006. Thereupon HA returned to live and work in Israel to provide for the family. His wife and young child remained in Gaza, and each month HA visited them, until January 2007. Since then, all his requests to enter Gaza have been denied. 

In April 2007, HaMoked appealed on HA's behalf, to the Gaza District Coordination Office (DCO), to allow him to enter Gaza. Nearly three month had passed with no reply, HaMoked therefore petitioned the High Court of Justice (HCJ) to instruct the military to respond and to allow HA's entry to Gaza, bringing to an end the family's lengthy, forced separation. The state responded that HA is forbidden entry to Gaza under a "security preclusion" founded on "his relatives' links with terror activists".  The response indicates that albeit no security claim was made against HA or his wife, the state acted in disregard of their right to family life, including the right to parenthood and the principle of the child's best interest. HaMoked's petition also argued against expansion of the "security preclusion" to encompass second and third degree relatives, stressing this effectively constitutes an unacceptable act of collective punishment. On the day before the scheduled hearing, the state altered its core argument, now contending that at issue were "the petitioner's own links with terror activists". In the hearing, the state persisted in its objection to HA's entry to Gaza, notifying it would also object to his wife's entry to Israel.

At the request of HA's family, the court was informed that the HA's brother has been regularly receiving permits to visit his family which also lives in Gaza, his wife a sister of HA's own wife. After the confidential hearing, the justices notified, to the petitioners' distress, that this fact was known by the security authorities, and already proclaimed to be an error, soon to be corrected. Thus, in outcome, the brother's family was torn apart as well. At the conclusion of the hearing, HaMoked was obliged to delete the petition. In judgment, the court requested that the state favorably consider allowing HA's infant son to visit him in Israel, accompanied by someone not under a security preclusion. This is more a taunt than a solution, not least in its construction as a "request" only. At the present time, the family is not interested in pursuing this solution.


Updates
23.3.2008
HaMoked submitted a petition demanding that an Israeli resident be permitted to enter the Gaza Strip in order to visit his wife and young son, who live in the area: The Court accepted the State’s position in refusing the Petitioner’s request, despite the fact that this condemns the Petitioner to complete separation from his wife and son
26.12.2007
HaMoked responds to the refusal by the military to permit an Israeli resident to enter the Gaza Strip in order to visit his wife and son: In its surprising response to HaMoked’s petition, the state ignored the appellant’s right to a family life and justified its refusal on far-reaching security grounds, despite the fact that its own response shows that neither the appellant nor his relatives ar...
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