05.10.2004|Court Documents|Petition to HCJ
HCJ 8947/04 - Sharab et al. v. Commander of the Military Forces in the Gaza Strip Petition for Order Nisi
Petition filed by HaMoked against the military's decision not to grant a permit to enter the Gaza Strip and stay there, in accordance with the divided families’ procedure, to a resident of East Jerusalem whose husband and children are residents of Gaza. The army claimed that the woman did not renew at the proper time the permit she had previously received, and was thus in Gaza “in violation of a commander’s order”. This ignores the many hardships and dangers entailed in reaching the Erez checkpoint, where the permits are extended, as a result of the serious situation prevailing in the Gaza Strip and at military checkpoints. The decision, which was given without any legal proceeding and without providing the woman an opportunity to argue her case, severely impairs her right to family life. After the petition was filed, the resident’s permit was renewed.
