Gisha files petition to allow a Palestinian woman and her parents to exit the Strip for the petitioner’s wedding in Turkey, HCJ 1514/15 Inas Adnan Hassan Alyan v. Minister of Defense
On March 1, 2015, Gisha filed a petition (Hebrew) to the High Court of Justice on behalf of a Palestinian woman and her two parents. The three wish to exit Gaza to attend the petitioner’s wedding in Turkey.
The petitioner’s partner is a Palestinian from the Gaza Strip who has been living in Turkey for the past three years, where he runs a tourism business. The petitioner met him on one of her trips to Turkey and now wishes to join him there, and have a wedding with her parents in attendance. Rafah Crossing, on the Gaza-Egypt border, has been closed for the past few months (with the exception of several days in December and January), and the petitioners’ only option is to travel to Turkey from Jordan via Erez Crossing and the Allenby Bridge border crossing.
The petitioners filed an application for a permit to travel to Jordan via Allenby Bridge for the petitioner’s wedding in Turkey, but Israel rejected their application. In its response (Hebrew) to Gisha’s notice of its intent to take legal action on this matter, the state claimed that the application did not meet the criteria stipulated in the procedures and that there was concern that the petitioners were planning to settle in the West Bank. In addition, the state claimed that the petitioners should have coordinated the wedding arrangements with the Gaza District Coordination Office (DCO).
In the petition, Gisha argued that a wedding constitutes humanitarian grounds that justify granting a transit permit according to COGAT’s own procedures, and that the concern regarding intentions to settle in the West Bank were unfounded given that the petitioner wishes to move to Turkey to live with her future spouse. Gisha also stated that the requirement to clear the wedding arrangements with the Gaza DCO prior to making the application was not just baseless, but also well beyond the scope of DCO’s powers.
The petitioner seeks to unite with her future spouse in Turkey, where they wish to be married, live together and exercise their constitutional right to family life. The state’s refusal to allow the petitioner and her parents to exit Gaza for this purpose is a severe violation of their right to family life, and in fact, eliminates any possibility that the petitioner could live with the person with whom she chose to spend her life.