High Court gives IDF 90 days to test travel ban changes

Currently, Palestinians deemed a security risk are not informed of their status until they try to cross border.

By DAN IZENBERG
hawara crossing checkpoint 224 88 (photo credit: AP [file])
hawara crossing checkpoint 224 88
(photo credit: AP [file])
The High Court of Justice agreed on Tuesday to give the state 90 days to test out changes in a military regulation regarding Palestinians prohibited from traveling abroad because the Shin Bet (Israel Security Agency) regards them as security threats. The regulation was originally introduced in January in response to a petition filed two years ago by the Association for Civil Rights in Israel (ACRI) and Moked - Defense of the Individual. Until the regulation was introduced, no Palestinian knew in advance whether he or she had been branded by the Shin Bet as forbidden to travel abroad or the reasons why. Palestinians wishing to go abroad would have to go to the Allenby Bridge on the day of their planned trip and only then find out whether or not they would be allowed to cross the border. ACRI attorney Limor Yehuda, who represented the petitioners, charged that the procedure was illegal and in violation of the basic principles of proper administrative procedure. According to these principles, a Palestinian whom the authorities want to prohibit from traveling abroad should be informed of this in advance and have the right to a fair hearing. If, after the hearing, the authorities do not change their minds, they must have good reasons and must explain them to the Palestinian in question. According to January's regulation, any Palestinian who wishes to travel abroad may find out in advance if he or she is prohibited from doing so by applying to the District Co-coordinating Office in his or her area. If there is no Shin Bet prohibition against the person's traveling, he or she will be told so immediately. If there is, the applicant will be informed and the Shin Bet will reexamine the case for up to six weeks. If, after six weeks, the Shin Bet does not change its mind, the applicant may ask the authorities to reconsider the decision. He or she will receive an answer within six more weeks. During Tuesday's hearing, the state's representative, Gilad Shirman, told the court that less than 1 percent of all Palestinians were prohibited from traveling abroad and that the entire issue should be put in proper proportion. But Yehuda argued that tens of thousands of Palestinians were nonetheless barred from traveling. She charged that the regulation introduced in January - including the new improvements due to go into effect in the next few days - did not solve the constitutional issues involved in the procedure. Palestinians were still not informed in advance that the state was considering barring them from traveling abroad, they did not have the right to defend themselves in person and, if the state did not change its mind, it did not have to tell them why they were forbidden to travel. Supreme Court President Dorit Beinisch agreed to allow the state to implement the reforms in the regulation and see whether it solved some of the problems raised by the petitioners. She also recommended shortening the amount of time it took for the Shin Bet to reconsider the travel ban and the time it took to weigh the applicant's appeal.