In 1993, a Palestinian born in Jordan married a woman from the Gaza Strip. After the wedding, the husband moved from Jordan to Jericho, received residency status in the Occupied Palestinian Territories (OPT) and lost his Jordanian status. The couple initially divided their time between the West Bank and the Gaza Strip, but because of the restrictions on movement between the two parts of the OPT, the husband moved to the Gaza Strip to be close to his wife and children. In 2006, he had to return to the West Bank, in order to provide for his family. The family contacted the army time and again, requesting it to allow the mother and children to travel to the West Bank to visit the father. They petitioned the High Court of Justice (HCJ), through HaMoked, but passage was denied and the petition was deleted. The family remained torn apart. The wife and children had no choice but to move to Jordan, so that the father could visit them there and preserve some of the family unit.
In late 2011, when the father arrived at the Allenby Bridge border crossing on his way to Jordan, soldiers prevented him from leaving the West Bank, with no explanation. He tried to travel to Jordan twice more, but the army denied him exit.
In accordance with army protocols, the father filed an objection to the travel ban through the Palestinian DCO. Rather than revoking the ban, or explaining the reasons for it, the Palestinian DCO told him that he was precluded from exiting the OPT until 2013.
On March 25, 2012,
HaMoked petitioned the HCJ, requesting it to instruct the army to allow the man to travel to Jordan to see his wife and children. In addition, HaMoked asked that the army be instructed to state the grounds for the travel ban and shorten its duration. HaMoked argued that in denying the petitioner travel out of the West Bank, the army was violating his right to freedom of movement as well as the rights stemming thereof, including the right to family life. HaMoked also emphasized that the lengthy travel ban imposed by the army caused severe injury to the father’s right to liberty and dignity as well as the principle of the child’s best interest.
Three weeks later,
the State Attorney’s Office notified HaMoked that the army was not backing down from its objection, as the father’s travel abroad “may threaten the security of the Area”. The State Attorney’s Office did note, however, that “inasmuch as an application [to allow the wife and children to enter the West Bank] is submitted, it will be examined according to procedure”. The father accordingly filed an application to allow his family to enter the West Bank in May 2012.
After the justices criticized the decision to deny the wife and children entry into the West Bank
during the hearing held in the petition and suggested the State Attorney’s Office reconsider their application, the State agreed to let the family visit the West Bank for one week only.
On August 23, 2012, 12 years after their last visit to the West Bank and after eight months of not seeing each other, the wife and children were able to go to the West Bank and visit with the father and husband.
