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HCJ 6180/08 - Amam et al. v. Commander of the Army Forces in the Occupied Territories Decision for Application to Impose Costs on the Respondents
Judgment | 6180/08 | 11.1.2009
The HCJ charged the respondents with expenses in HaMoked's petition to allow a father and son to leave the West Bank without undertaking never to return there, as the army had demanded. After the petition was deleted, following the army's retraction of its demand, the petitioners requested that the respondents be charged with expenses. The army claimed it should not be charged as the application for passage which occasioned the petition was faulty – the petitioners failed to specify the purpose of their entry to Gaza and to enclose necessary documents. The Court rejected the army's claim and ruled that the army's retraction of its demand, despite the fact that no correction had been made to the application, indicated that the petition itself motivated the retraction, and thus, the army should be charged with expenses.
HaMoked petitions the HCJ in the matter of a father and his young son who wish to return home to the Gaza Strip where the wife and baby daughter are located, after Israel stipulated passage would be allowed only upon the father undertaking never to return to the West Bank: HaMoked objects to the new policy whereby Israel abuses the distress of Palestinian families who are split between the Gaza...
The Court ordered the military to pay the expenses of the Petitioners, a father and his young son, who requested passage from the West Bank to the Gaza Strip: the Court was not convinced by the military's claim that it had retracted the stipulation it had made for reasons unrelated to the petition – that the petitioners undertake never to return to the West Bank (02) 627 1698   (02) 627 6317

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