Center for the Defence of the Individual - The High Court rejected HaMoked’s petition to allow visits in Gaza during Id al-Fitr: The court ruled that the continued severe infringement on the protected rights of Israel’s residents and citizens is proportionate
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חזרה לעמוד הקודם
16.09.2009

The High Court rejected HaMoked’s petition to allow visits in Gaza during Id al-Fitr: The court ruled that the continued severe infringement on the protected rights of Israel’s residents and citizens is proportionate

HaMoked filed the petition on 9 September 2009 after it became clear that this year, as in the past two years, the army was not going to allow holiday visits, and thus continue to impede the family ties of Israeli citizens and residents and their right to follow the customs of the holiday. HaMoked’s appeal to the GOC Southern Command dated 28 August 2009 was not answered.

In a brief three line judgment, the High Court of Justice determined that despite the severe infringement on the protected rights of Israeli citizens and residents, as long as the security situation remains as it is, it did not see fit to deviate from its practice in earlier petitions in this matter and found no cause to intervene in the army’s decision not to allow the visits. The court was of the opinion that in light of the security situation, the infringement was proportionate. 

To view the judgment dated 16 September 2009 (Hebrew)