The basic principle of human dignity – a constitutional right in Israel – includes a person’s dignity in both life and death and the dignity of his loved ones, who treasure his memory in their hearts.
The court ruled that the family of the deceased has the right and freedom to commemorate their loved one in a way they deem appropriate and should be able to express their feelings towards him as they see fit. However
Israel’s treatment of the remains of Palestinians who were killed during attacks against Israeli soldiers and civilians has been degrading, offensive and outrageous.
On August 23, 2005
HaMoked petitioned the High Court of Justice (HCJ) to return the body of a Palestinian who had carried out an attack against Israelis that had been kept by Israel since 2003, back to his family. For years, Israel has refused to return this body along with
other bodies HaMoked had petitioned the court about – claiming that it was difficult to identify the bodies and arguing that it was holding on to specific bodies for the purpose of future prisoner exchange deals. This practice harms the families of the deceased who are not accused of hostile actions against the country. The body of this particular person was returned to his family only at the end of May 2012, nine years after he died, as part of a political deal which included the return of remains of 91 Palestinians who had carried out attacks against Israelis.
On July 2, 2012, following a series of HCJ petitions filed by HaMoked regarding the return of Palestinian bodies to their families,
the state announced that government officials were discussing the possibility of returning more Palestinian bodies to their families with the Palestinian Authority. In light of these political negotiations, the state requested to have the petition regarding the particular body that had just been returned withdrawn and to update the court on the future of the other bodies within six weeks.
As these petitions proceed, HaMoked continues to assist dozens of Palestinian families whose loved ones’ bodies are still kept by Israel. HaMoked reiterates that Israel’s cynical use of the bodies, as pawns and bargaining chips, is wrongful and demands that the state respect the natural right of families to bring their loved ones to proper burial.
