11.04.2007|Court Documents|Petition to HCJ
HCJ 3214/07 - Garuf v. The Commander of the Army Forces in the West Bank
Petition for Order Nisi
HaMoked – Center for the Defence of the Individual petitioned the HCJ to allow a Palestinian resident of the West Bank to visit his brother who is incarcerated inside Israel. The petition was filed due to the Military's failures. The military claims that the two brothers are not related, despite the fact that it had approved the visits in the past and admitted that the Petitioner and the prisoner were indeed brothers. This is not an innocent mistake but the result of negligence and disrespect shown by employees of the Legal Advisor's office to the applications they receive and process. The military is violating the Petitioner's right and the rights of other prisoners who are subjected to the same treatment, to family life, respect and prison visits. The right to prison visits has been interpreted in the past as imposing an active duty upon the military to ensure the visits are carried out. This interpretation makes the military's conduct all the worse.
