Center for the Defence of the Individual - HaMoked deleted a petition against the Interior Ministry, concerning the denial of applications for family unification filed by the brother and sister of the perpetrator of the attack against Merkaz Harav Yeshiva: A mere three days prior to the hearing on the petition, the State Attorney's Office notified the Court, for the first time, that there were other reasons for the denial of the application, aside from family ties
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חזרה לעמוד הקודם
05.03.2009

HaMoked deleted a petition against the Interior Ministry, concerning the denial of applications for family unification filed by the brother and sister of the perpetrator of the attack against Merkaz Harav Yeshiva: A mere three days prior to the hearing on the petition, the State Attorney's Office notified the Court, for the first time, that there were other reasons for the denial of the application, aside from family ties

Following the attack against Merkaz Harav Yeshiva in Jerusalem in March 2008, the Interior Ministry notified the petitioners, on 16 March 2008, that their applications for family unification with their spouses had been denied, due to their kinship with the perpetrator of the attack. The petitioners met all the criteria set out by the Interior Ministry for the approval of the applications, and in its notice of rejection, the Ministry did not mention any reason other than kinship with the perpetrator. 

On 23 October 2008, HaMoked: Center for Defence of the Individual submitted a petition to the Court of Administrative Affairs against the refusal of the applications. In the petition, HaMoked claimed the Interior Ministry's arbitrary refusal to approve the requests is unlawful and constitutes collective punishment for someone else's actions, out of a sense of revenge and to deter others. 

Three days prior to the hearing on the petition, the Interior Ministry submitted its response to the Court. This response mentioned - for the first time – security related claims against the relatives of the wife of the petitioner - claims which, according to the Ministry, preclude the approval of the request. The Interior Ministry refused to disclose who these relatives are. The Ministry also claimed it had "security related materials" against the second petitioner's husband. Therefore, the Ministry stated it could not approve the petitioners’ applications for family unification with their spouses. We emphasize again that the requests were denied only because of the petitioners' kinship with the perpetrator of the attack. It was only in the course of proceedings regarding the petition that security related information against the family members was suddenly discovered, as the response specified.  

Following the response, the parties agreed to have the petition deleted, and that the Interior Ministry will subsequently mail the petitioners new refusal notices, specifying the claims regarding the ostensible security risk emanating from them. The petitioners may then file an objection against these decisions to the Interior Ministry. Additional petitions may be filed if necessary.

While handling the petitioners' applications for family unification with their spouses, HaMoked also fought an extensive battle against the military's decision to seal the family's home. The house was sealed on 19 January 2009, after the Court rejected HaMoked's claim that demolishing or sealing the house constituted collective punishment, which is prohibited under international humanitarian law, and that such an action aimed to satisfy the Israeli public's cry for revenge.  

To view the request to delete the petition dated 19 February 2009  

More on the sealing of the family's home dated 13 January 2009

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