Center for the Defence of the Individual - For three months, the military made no effort to respond to an administrative appeal against an exit ban prohibiting a West Bank tour guide from traveling abroad for his work: the "security ban" has been lifted following HaMoked's intercession
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חזרה לעמוד הקודם
29.05.2012

For three months, the military made no effort to respond to an administrative appeal against an exit ban prohibiting a West Bank tour guide from traveling abroad for his work: the "security ban" has been lifted following HaMoked's intercession

A Palestinian father of four from the Village of Yatta near Hebron used to  travel regularly from the West Bank to Jordan as part of his work as a tour guide. On October 21, 2011, when he arrived with a tourist group at the Allenby Bridge border crossing, about to accompany them as their guide on a planned Hajj tour to Saudi Arabia, the soldiers prevented him from leaving, claiming he was "banned from exit on security grounds". After he explained to them that regularly he traveled abroad for his work, the soldiers referred him to the District Coordination Office (DCO) in his area, to submit an objection to the ban. This he did two days later, but when he returned there 8 weeks later – at the end of allotted response period for exit ban objections – he was told to come back after three more days. When he returned for the third time to the DCO, there was still no response, and instead, the soldiers gave him a blank objection form to fill anew, which stated as previously that he should return after eight weeks for the continued processing of his application.

 

On January 4, HaMoked complained to the military about the improper conduct, asserting that it exhibited blatant contempt for the Palestinian applicant's travel plans and time, and for the response period for such objections the military itself had set. Two weeks later, as no reply arrived, HaMoked petitioned the High Court of Justice to order the military to respond to the objection and to allow the man to travel from the West Bank abroad. HaMoked stressed that by preventing the man from traveling abroad, the military violated his basic rights to dignity, personal autonomy, and freedom of movement, effectively trapping him inside the West Bank, and curtailing his ability to support his family and his right to freedom of employment.

 

Six days after the petition was filed, the State's Attorney's Office notified that the security exit ban against him had been lifted. HaMoked therefore requested to delete the petition and filed a motion for costs. The State's Attorney's Office opted not to object to the motion for costs, leaving it to the court's discretion. Nonetheless, it did state that the military had lifted the security ban on January 1, 2012 – i.e., "just" two weeks after the eight week deadline required by the procedure – and that the man had not been notified of the ban's removal due to a human error, caused by staff changes. Moreover, the State's Attorney's Office contended that the military had not received HaMoked's letter, although its receipt had been acknowledged by three different soldiers!

 

On May 22, 2012, the court imposed trial costs and attorney fees on the military.

 

HaMoked deplores the fact that the military systematically violates the procedure on exit bans applications – already protracted and cumbersome – and time and again obliges residents of the Occupied Palestinian Territories to turn to the court to stop the violation of their basic rights.

 

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