HaMoked has filed a petition seeking to enable a resident of Qalqiliya to leave the Gaza Strip and return to his children, wife, and home after an imposed separation of eight months: The appellant has lived in the West Bank for most of his life, but since entering the Gaza Strip to visit his sick brother the military has prevented him from returning to his home and family, probably because his registered address is in Gaza

The appellant moved from the Gaza Strip to the West Bank with his parents when he was just eleven. He completed his education in the West Bank and on reaching the age of sixteen requested to change his registered place of residence to A-Ram, where he was actually living. However, due to Israel’s policy of freezing the updating of addresses in the Population Registry he was informed that he would be unable to do so. The records continued to show the incorrect address in the Gaza Strip. The appellants married and had a daughter. 

In March 2006, the appellants entered the Gaza Strip with their daughter in order to visit the appellant’s sick brother. After the visit, several applications were submitted for permits enabling the family to return to their home in Qalqilya, but to no avail. The entire family was forced to remain in the Gaza Strip, where the couple’s second child was born. The wife suffers from a medical problem in her hand, and an appointment was scheduled for her at Tel Hashomer Hospital. In February 2007, after intervention by HaMoked, she was permitted to leave the Gaza Strip through Erez Crossing with her children. Her husband was obliged to remain in the Gaza Strip, separated from his wife and children. 

Eight months have since past. Responding to requests from HaMoked, the military states that the reason for the refusal to permit the appellant to leave the Gaza Strip is “failure to meet the criteria.” In HaMoked’s experience, it may be assumed that the reason is that the appellant’s registered address is in the Gaza Strip. At the request of the military, the appellant forwarded documents via HaMoked testifying to the fact that he actually lives in the West Bank. However, no reply was received from the military over a period of two months. 

On 5 November 2007, HaMoked filed a petition to the High Court of Justice (HCJ) emphasizing the broad injury to the appellants’ right to dignity, a family life, parenthood, and freedom of movement. HaMoked noted that the military has attempted to create a new reality by claiming that the granting of an entry permit to Israel is conditioned on updating the registered address in the Palestinian Population Registry, while at the same time conditioning such registration on consent on the part of Israel. The military’s claim is groundless and appears to constitute an attempt to avoid the need for a proper legal proceeding. Moreover, it is Israel itself that prevents the Palestinian Authority from updating registered addresses in the Palestinian Population Registry, and subsequently quotes the incorrect registration as “grounds” for deporting people from their homes and for violating their rights. 

Read HaMoked’s petition dated 5 November 2007 (Hebrew)