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HCJ 4416/05 - Abu Shamma et al. v. Commander of the Military Forces in the West Bank Petition for Order Nisi
Court Documents | 4416/05 | 8.5.2005
A petition by HaMoked following the refusal of the respondent to handle the request of a Palestinian youth to enter the West Bank from abroad so that he can register in the Palestinian registry of residents. HaMoked warned the respondent for many months that the youth would soon become sixteen, and that, according to present law, he would not be permitted to register in the registry afterwards. The respondent had set an illegal requirement that a child wanting to register must be present in the West Bank. However, since the outbreak of the Intifada, the respondent has placed a sweeping freeze, also illegal, on the issuance of visitor’s permits to enter the West Bank. Thus, the petitioner is unable to register. It appears that the respondent, motivated by demographic considerations, is using delaying tactics to make it difficult for the petitioner to register in the Palestinian registry of residents. Following the filing of the petition, the youth was given a visitor’s permit.
The State prevents Palestinian children living abroad to enter the West Bank, and thus impedes them from exercising their right to be registered according to law in the Palestinian registry of residents: As a result of petitions filed by HaMoked, the State agreed to allow the petitioning children to enter the West Bank. HaMoked continues to demand a major change in Israel’s policy on this issue (02) 627 1698   (02) 627 6317

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