Center for the Defence of the Individual - HCJ 2786/09 - Salem et al. v. The Military Commander for the West Bank Response and Supplamentary Arguments
العربية HE wheel chair icon
חזרה לעמוד הקודם
23.04.2009|Court Documents|Response to Petition

HCJ 2786/09 - Salem et al. v. The Military Commander for the West Bank Response and Supplamentary Arguments

Supplementary arguments in HaMoked's petition against the intent to forcibly transfer a Palestinian who has lived in the West Bank since 1996 to Gaza. The petitioners stress that the man, a Palestinian police officer, moved to the West Bank in the framework of the implementation of the Oslo Accords when he was stationed in the West Bank as part of his job, in full coordination with Israel. He has lived in the West Bank for over 13 years, during which he built a home and started a family, and his removal to Gaza would tear him apart from his family and endanger his life, due to his job. The legal basis for the deportation order is the Order regarding Prevention of Infiltration, according to which an infiltrator is a person who enters the territories from one of the neighboring Arab states, and not a person who relocated from Gaza to the West Bank and vice versa. Therefore, HaMoked claims, the order is unlawful and must be cancelled, and the petitioner must be released from detention.