HaMoked’s response to the State’s response in a petition to let Israeli residents and citizens visit their relatives in the Gaza Strip over the Muslim holiday of Id Al-Fitr: HaMoked claims that the State is basing its objection on obsolete facts and ignores the fact that in past years the visits were carried out without hindrance, despite similar arguments

On 31 October, HaMoked filed a petition with the HCJ demanding to allow visits during the coming Id Al-Fitr. This year, as is the case every year before the holiday, Israel causes difficulties for its citizens and residents who wish to visit with their relatives in the Gaza Strip along with their spouses and children under the age of 18. Israel forbids residents of the Gaza Strip to enter Israel and Israelis to enter the Gaza Strip. The result is an almost complete break up of family ties between relatives living in the Gaza Strip and those living inside Israel. The only times relatives can meet is during the Muslim or Christian holidays which families must, according to tradition, celebrate together. In the petition, HaMoked argues that the State is backing out of previous undertakings and is thus violating the rights of its citizens and residents to religious freedom and family life. 

On 8 October, 2007, the State submitted its response. The state claimed that the visits must not be allowed for fear, for example, that Israelis would be kidnapped for bargaining purposes. It also claims that soldiers or civilians at the Erez crossing might be hurt; attempts may be made to enlist Israeli citizens and residents to terrorist organizations and the visitors might be hurt during military operations in the Gaza Strip. 

On 9 October, 2007, ahead of a hearing scheduled for the next day, HaMoked submitted its response to the State’s response. HaMoked claimed that holiday visits have been carried out in the past, despite similar arguments. Thus, for example, HaMoked noted that despite the State’s claim that civilians might be kidnapped for bargaining purposes, since an Israeli civilian was kidnapped and interrogated by Hamas in October 2006, and since Hamas took office, there have been five – problem free – holiday visits. 

HaMoked further claimed that the State is trying to obfuscate the fact that people have been entering and leaving the Gaza Strip on a daily, frequent basis with no unusual events or violence for a long time. 

To view HaMoked’s response from 9 October, 2007 (Hebrew) 

To view the Petition from 3 October, 2007 (Hebrew)