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Last update - 10:01 15/08/2007
High Court has been wrongly besmirched
By Amira Hass

As a war of petitions rages between supporters of the Supreme Court and supporters of the justice minister, it should not be forgotten that on the really important issues, Supreme Court justices demonstrate national responsibility and are synchronized with the prevailing mood. They proved this once again last week when they accepted the state's position that 10 students from the Gaza Strip should not be permitted to travel to the West Bank for two months in order to complete a clinical internship, without which they will not be able to work as occupational therapists in Gaza. There is currently only one certified occupational therapist working in the strip.

With respect to their age, the petitioning students "belong to the risk group of those who seek to destroy Israel"; Hamas will attempt to export the war "from the Gaza Strip to Judea and Samaria" [the West Bank]; and relations between Gaza and Israel have only degenerated since the disengagement. These are the main arguments that were submitted by the state and accepted by the Supreme Court justices, who are being wrongly besmirched.

The patriotic ruling by their honors Justices Elyakim Rubinstein, Esther Hayut and Joseph Elon put an end to a saga that had gone on for three years and to the attempts by seven young men and three young women to attend a special course at Bethlehem University, which is funded by the Norwegian government and taught by experts from abroad. The course was designed to meet the needs of Palestinian society with regard to caring for people with disabilities.

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Since 2004, the students have been trying to leave Gaza in order to participate in the course, but the state made it clear that there is a sweeping prohibition on people aged 16 to 35 leaving Gaza, including students. These 10 young people, who have had to make do with studying by video conferencing and correspondence, had hoped that they would be allowed to do the clinical internship, which can be done only at rehabilitation centers in the West Bank.

The petition by the nonprofit association Gisha, the Legal Center for Freedom of Movement, asked that the court relate specifically to the 10 and did not confront the sweeping prohibition head-on. Yet even so, the justices accepted the state's position that a ruling "that singles out the petitioners would not suit the current difficult situation," although the court did recommend establishing an "exceptions committee" in the future.

The three justices affixed their signatures to the ruling. Therefore, it is possible to commend them for having mobilized to save the state from a palpable security threat. We will not, however, be able to name and commend those anonymous Shin Bet security service officers who are protecting the state's security by preventing the outstanding master's student Luay Kfafi from traveling from Ramallah to Hamburg, Germany, via Jordan, thereby also preventing him from using the German scholarship that he was awarded. Kfafi, 24, was born in the Al-Bureij refugee camp in Gaza. In September 2000, he began studying mechanical engineering at Bir Zeit University in the West Bank. In the meantime, Israel decided to declare all the Gazans living in the West Bank "illegal sojourners," yet at the same time, it also refused to change the address listed on their identity cards, in violation of the Oslo accords.

Beyond the fact that he was present "in Judea and Samaria illegally," according to the Shin Bet, "there is information about him that indicates a suspected connection between him and terrorist operatives. Under these circumstances, it appears that his departure abroad could endanger the security of the state." Kfafi, who is already working as a teaching and research assistant at the university and aspires to an academic career, has not been arrested in the West Bank even though his place of residence is known; he was not arrested at the Allenby Bridge when he tried, in vain, to cross it; he has not been declared a wanted man and he has not even been summoned for questioning by the Shin Bet.

How fortunate the state of Israel is to be protected in this way: to have a security service that understood that Kfafi's academic progress abroad was liable to endanger the state's security more than his presence in Ramallah does, and to have Supreme Court Justices who never let down their vigilance and who thwarted a plan for destroying the state by 10 students of occupational therapy.
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  1.   Boycot Israel. They are exporting war wherever they go 10:52  |  Andreas 15/08/07
  2.   TO ADD JUSTIFICATION ON BOYCOTT 10:55  |  indrajaya 15/08/07
  3.   Amira and the High Court- again 11:05  |  Gabe 15/08/07
  4.   Deport russkie mobster Andreas,he brings Middle Ages and Mongol 12:43  |  Absolute Sweden 15/08/07
  5.   Exception committee in the future..if not NOW, when? 12:45  |  Meir gush etzion 15/08/07
  6.   No Democracy 13:18  |  Seanirl 15/08/07
  7.   Isolate Israel NOW 13:32  |  indrajaya 15/08/07
  8.   Now is the time for n Academic boycott of Israel 13:57  |  Stephen Isherwood 15/08/07
  9.   Alternative places to complete the clinical internship 14:23  |  German citizen 15/08/07
  10.   But who protects us from Haas ? and her infantility 14:26  |  Sal 15/08/07
  11.   Boycott 15:14  |  truth 15/08/07
  12.   Stephen Isherwood, Enlightened Occupation 15:17  |  FOX 15/08/07
  13.   hamas and other terror groups... 15:38  |  scallywag 15/08/07
  14.   #12, tired old lies 15:46  |  H50 15/08/07
  15.   #7 Indrajaya 15:54  |  lakshmi 15/08/07
  16.   12 Fox 15:57  |  Stephen Isherwood 15/08/07
  17.   H50, aye the crap you talk #14 16:29  |  FOX 15/08/07
  18.   H50, Before the Six Day War, 1967, there were no universities 16:32  |  Reut Ami-Ram 15/08/07
  19.   Isherwood, you make no sense #16 16:39  |  FOX 15/08/07
  20.   truth - boycott 16:53  |  scallywag 15/08/07
  21.   Wow, Israeli concrete! This posting gets the award 16:56  |  Andreas 15/08/07
  22.   Fox,let Isherwood bee,his Mom served tea to German students pendl 17:02  |  Absolute Sweden 15/08/07
  23.   Fake Poster Alert (15)! 17:05  |  lakshmi 15/08/07
  24.   Fake lakshmi Alert #22 17:18  |  lakshmi 15/08/07
  25.   Amira, This Security Prohibition is shameful... 17:43  |  Dutch 15/08/07
  26.   Your post to H50, Reut, was right on the mark! 18:00  |  Eran 15/08/07
  27.   andreas, indrajaya, stephen isherwood, truth 18:15  |  scallywag 15/08/07
  28.   #8 another anti semitic idiot joins the throng 18:20  |  victor hardman 15/08/07
  29.   Amira, Let me remind you .. 18:21  |  Dutch 15/08/07
  30.   #12 Fox, The Flaw in your thinking.... 18:55  |  Dutch 15/08/07
  31.   Amira exaggerating 19:03  |  Tosefta 15/08/07
  32.   When money talks 19:10  |  Dav 15/08/07
  33.   WE NEED ELECTIONS NOW 19:12  |  Stewart Pid 15/08/07
  34.   #16 Stephen, It is one sick regime ... 19:19  |  Dutch 15/08/07
  35.   # 27 Tosfeta 19:24  |  tbora 15/08/07
  36.   #19 Fox, You can be as blind as a bat .... 20:02  |  Dutch 15/08/07
  37.   #1 andreas boycott 20:13  |  duncan 15/08/07
  38.   #2 indrajaya 20:15  |  duncan 15/08/07
  39.   What could be a better reason to support the boycott? 20:27  |  Yaakov Sullivan 15/08/07
  40.   Is Columbia President is still proud of Israeli Schoars? 20:37  |  Dutch 15/08/07
  41.   Indonesia genocidal? Lakshimi 21:19  |  indrajaya 15/08/07
  42.   # 25 To Dutch/Muhamed... 21:26  |  Misha 15/08/07
  43.   no American university presidents howling about this one 21:30  |  Pssd Off American 15/08/07
  44.   Tosefta #30 - what`s it got to do with security? 21:53  |  dana 15/08/07
  45.   It is about time that Blind defenders of Israel Wake up 22:03  |  Nada 15/08/07
  46.   blind as a bat 22:16  |  manescu tudor 15/08/07
  47.   HOW DOES DORIS CADIGAN GET 5 POSTS IN THIS TALKBACK 22:34  |  paul harris 15/08/07
  48.   #44 NADA KNOW LESS THAN NADA 22:36  |  paul harris 15/08/07
  49.   Stephen Isherwood 22:40  |  The Glass Darkly 15/08/07
  50.   Security and its discontents (Dana #43) 22:48  |  Tosefta 15/08/07
  51.   #42 Pssd Off American 22:48  |  Double Standard 15/08/07
  52.   #7 Indrjaya -single State with the same faith 22:51  |  17 15/08/07
  53.   A muslim nation 23:17  |  indrajaya 15/08/07
  54.   42Pssd Off America,& 43 Dana,agreed this is not about security 23:21  |  lakshmi 15/08/07
  55.   # 38 What could be a better reason to support the boycott? 23:21  |  17 15/08/07
  56.   Double Standard, thank you for making my point 23:26  |  Pssd Off American 15/08/07
  57.   Amira Haas article on High Court 23:27  |  Giorgio Forti 15/08/07
  58.   #44 Nada - injustices done to Palestinians or any other nation on 23:38  |  Blind defender 15/08/07
  59.   Nothing shall be construed to undermine Jewish State destiny , 00:04  |  Joseph E . 16/08/07
  60.   endanger lives of normal citizens? 00:23  |  simon 16/08/07
  61.   #47 P.Harris - "NADA KNOW LESS THAN NADA" 00:24  |  71 16/08/07
  62.   Pssd Off American 00:49  |  Double Standard 16/08/07
  63.   #52 Indrajaya -"Since the Jews managed ..." 01:00  |  17 16/08/07
  64.   # 42 Maybe you are a morom-american.... 01:00  |  Misha 16/08/07
  65.   Isolate Israel #7 01:25  |  Cyasher 16/08/07
  66.   ISRAEL SHOULD BE HELPING ITS OWN BEFORE IT HELPS ANYONE ELSE 01:27  |  THE PALESTINIAN MYTH 16/08/07
  67.   Intellectual Level 02:39  |  Nada 16/08/07
  68.   academics 04:44  |  Dan 16/08/07
  69.   Tosefta #44 - Still too many questions and too arbitrary 05:15  |  dana 16/08/07
  70.   Fighting mood, the Muses are gone (Dana #69) - 2nd try 07:15  |  Tosefta 16/08/07
  71.   Amira Hess 07:39  |  Jama Said 16/08/07
  72.   # 39, YAAKOV SULLIVAN 08:12  |  indrajaya 16/08/07
  73.   TO EVERYBODY 08:14  |  indrajaya 16/08/07
  74.   Missed opportunity 08:38  |  howiej 16/08/07
  75.   71 Re; More Despicable than Israeli Supreme Court 09:19  |  Dutch 16/08/07
  76.   69Dana,your belated but welcome recognition of Nasrallah`s 10:25  |  lakshmi 16/08/07
  77.   Hi-Court violated Art30" Univ.Declar.of Human Rts. 10:42  |  sam 16/08/07
  78.   TO EVERYBODY 11:03  |  indrajaya 16/08/07
  79.   H50 and Israeli double-speak 18:20  |  Danny 16/08/07
  80.   Amira,The Israeli SupremCourt enables the occupation. 21:29  |  Dutch 17/08/07
  81.   Amira Hass article (response) 21:06  |  Gale McGovern