05.07.2006
HaMoked petitions the HCJ against the cessation of family visits of residents of the Occupied Territories to their loved ones, held in prison facilities across Israel: All visits were terminated immediately after the capture of the soldier Gilad Shalit. This constitutes collective punishment and violates the constitutional rights of both the prisoners and their families
On July 5, 2006, HaMoked petitioned the High Court of Justice against the cessation of family visits by residents of the Occupied Territories to their loved ones, held in prison facilities across Israel and the Ofer facility in the West Bank. All visits were cancelled on June 26, 2006, immediately after the capture of the soldier Gilad Shalit.
The petition details the current arrangement for family visits in prisons, which came about after repeated petitions by HaMoked. The petition describes the many difficulties Israel sets before those wishing to visit, and the military's routine cancellation of visits whenever the Occupied Territories are put under general closure. In this last regard, another of HaMoked's petitions recently prompted the military to announce that in future, when a general closure is imposed on the Occupied Territories, prison visits will be resumed within 72 hours from the onset of the closure.
With respect to the current halt of visits, HaMoked argues that at face value, there seems to be a connection between denying the basic rights of both prisoners and families and the soldier’s seizure, in the sense that the former is retaliation in kind. Such a motive constitutes collective punishment and is a forbidden alien consideration. Note, even if the decision is based on nothing but intrinsic security considerations, these do not justify deviating from the rights guaranteed to enemy prisoners under international humanitarian law.
