For years, HaMoked has been acting for the release of the bodies of Palestinian dead withheld by Israel, for burial by the families. In 2004-2005, HaMoked appealed to the Military Legal advisor for the West Bank on behalf of some 80 families seeking to receive their loved ones' bodies. In his response, the legal advisor notified that Israel was prepared to return the bodies to the families,
subject to genetic testing.
In the summer of 2006, the soldier Gilad Shalit was captured in the Gaza Strip and about two weeks later, on the Israel-Lebanon border, so were the soldiers Ehud Goldwasser and Eldad Regev – the process for the release of Palestinian bodies was terminated at once. On January 4, 2007,
in a notice submitted as part of the proceedings in one of HaMoked's petitions in the matter, the state announced that "given the strong likelihood that the assailants' bodies would be utilized in the framework of negotiations […] it has been decided, for the present, to withhold the transfer of the assailants' bodies to their families pending a solution for the issue of the captives". The position has been repeatedly reaffirmed ever since regarding similar applications.
Now, in view of Gilad Shalit's home arrival, HaMoked renews its efforts for the bodies' release. Recall, consent in principle had been given long ago, and the circumstances preventing implementation have now changed.
On October 26, 2011,
HaMoked appealed to the military on behalf of 29 families for the return of the bodies of their loved ones, withheld by Israel.
