The Petitioner’s brother was walking to work in Gaza when he was hit by shrapnel from an Israeli missile which caused serious injuries. He was hospitalized, unconscious, in the intensive care unit at the Al-Shifaa hospital in Gaza. Some two weeks later he regained consciousness, but remained in serious condition. His eyes were hurt and his limbs were paralyzed.
When the Petitioner learned of her brother’s condition, she arrived at the Israeli DCO in Huwwara, where she filled the necessary forms for applying for a permit to enter Israel in order to travel to the Gaza Strip. She handed the forms to the soldiers, but they informed her that “There is no passage to Gaza. There are no permits!” They refused to explain their refusal or mark it on the application form. It must be noted that the soldiers’ refusal to explain the negative answer puts the Petitioner in a hopeless situation, as she cannot appeal the refusal and demand her rights. Her request to speak to the DCO commander immediately and explain to him the urgency of the matter was also turned down on the claim that he was not there, even though he was seen entering the place a few minutes earlier.
HaMoked’s appeals to the Military Legal Advisor to the West Bank remained unanswered, despite the gravity and urgency of this humanitarian case. The military’s ignoring of the Petitioner is a violation of her right to be with her brother and family through their difficult moments. Formal explanations such as “there are no permits” are unacceptable, particularly considering the fact that the Erez crossing has been open for movement in both directions even after the events of June 2007.