Court: Palestinian persecuted for homosexuality can stay in Israel
Nablus man says would be killed for sexual orientation, collaborating with Israel, if expelled to PA.
By Tomer Zarchin Tags: Nablus Palestinian Authority Israel newsIn an unusual ruling, the High Court of Justice ordered the state late last week to evaluate the degree to which the life of a young Palestinian is at risk, in part because of his sexual orientation. The Palestinian is asking for permission to remain in Israel because he fears for his life if he is expelled to the Palestinian Authority.
Speaking to Haaretz, he said that "in other times, when they brought me to the roadblock the entire village chased me and beat me, and nearly killed me. I prefer to sit in prison than to go back."
The official position of the state, which was also presented to the court, is that the committee on persons at risk operates in accordance with the office coordinating operations in the territories, and is authorized to address requests of Palestinians claiming to be under threat for their collaboration with security forces.
On the other hand, according to the state attorney, the committee is not authorized to discuss the cases of those whose behavior is seen by Palestinian society as being "morally degenerate," including prostitutes, criminals and drug addicts.
The Palestinian, in his 20s, maintains that his life is threatened because of his sexual orientation and because he has been marked by Palestinians as having cooperated with Israel.
Former sex worker
A native of Nablus, he fled his home at 12 and came to Israel as a result of violence and abuse at the hands of his father. At one point he worked as a male prostitute in Tel Aviv's Gan Hahashmal. Six months after living in Israel, he returned to his family in Nablus.
In the PA he was arrested by Palestinian intelligence who suspected him of collaborating with Israeli security forces. He says that he was jailed, tortured and abused until he was forced to admit such collaboration.
Following his forced confession he was jailed at a facility near the Muqata'a for what he says was two years, waiting for a death sentence to be carried out for alleged treason.
The young Palestinian petitioned the High Court through attorney Yohanna Lerman, a public defender, said that during IDF operations he managed to escape and was asked to identify those who jailed and abused him openly, exposing his own identity.
Following his exposure to the Palestinians as appearing to "collaborate" with Israeli forces, he was granted temporary permits to stay in Israel by the Shin Bet. During his stay in Israel the young Palestinian was arrested and jailed for his involvement in acts of violence and theft.
The committee evaluating the degree to which Palestinians are at risk for alleged collaboration with Israel decided in November that the young man was not at risk. The committee also said that he failed to meet his commitment to avoid illegal activities, which in turn threatens public safety.
The state argued in response to the High Court petition that many Palestinians who have claimed similar risk to their lives for collaboration are actually threatened because Palestinian society considers their behavior to be "morally degenerate."
"This unfortunate fact cannot impose on the State of Israel the legal responsibility to allow every Palestinian from such groups to live in its territory," the state attorney's office wrote.
The court ruled that there must be an authority capable of taking responsibility on deciding whether a threat exists and what its nature is, in areas that are not necessarily linked with collaboration.
"To date the committee, the state and the court avoided interfering, but now the judges have asked that there be a collective approach that also includes the issue of sexual orientation," Lerman said, pointing out that both local and international law state clearly that someone whose life is at risk cannot be abandoned.
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After reading about the disgusting way that they treat THEIR OWN PEOPLE, how can anybody possibly think that these people are capable of running their own state??!!
The occupation is undoubtedly at fault. It is turning ordinary Palestinians in to homosexuals. Look at Iran. The Iranian President clearly stated that in Iran there are no Homosexuals. I suspect that same is true in Saudi Arabia ,etc. Yet in the Palestinian Area there are lots of them. The only logical conclusion (unless you are right wing moron ) is that it is the Fault of the occupation. Where Sharia law is implemented there are no Homosexuals (e.g. Iran) and so the Occupation must end so that Sharia law can be properly and 'humanely' implemented in the Palestinian Areas and so Israel will not inflect homosexuality on the Palestinians - also it mentions he was a thief - again very hard to steal with no hands - one of the other benefits of sharia law.
They were in bed with the Nazi's and continue as a society to live off the avails of dirty $. Uptight, rigid, & immoral people those Swiss.
yaakov what is your point? gays and blacks have been set upon in the u.s.a for the longest time.and some still are. marrage is still illegal in the majority of the states between same sex couples. remember that who saves a soul with-out judgement saves him-self.
When they Impose Sharia in Europe, you will find there are worse things than a Lover's Spat to try and blame us for.
So go try your luck with Iran. There is a difference between Executions and being Glared at by a Haredi.
I think that you wish to refer to #11, Yaakov Sullivan, and not to #4.Arieh Zimmerman. He lives in America, I live Israel. In any case, your meaning is not clear. Do you claim (from Ramallah?), that Israel's record regarding the gay community is without blemish?
then the State of Israel would share responsibility. That line that it can't be responsible for 'all such groups' is bunk. If anyone turns up at your door and their life is in danger, you have a responsibility not to give them over to their potential killers.
....the Palestinians would deserve all the blame of this world indeed. However, if he would be severely punished for his collaboration with Israel, things would look a little bit differently.... ....even in Switzerland, some traitors were executed during WW2.
You marry him then and take him back to your theatrical paradise in Failville USA
Don't be silly. This isn't Gaza or the WB where being Jewish carries a death sentence.
.....that would be awful, and the Palestinians would deserve all the blame of this world. If he would be killed for his collaboration with the enemy (Israel), things would look a litte bit differently.... ....even in Switzerland, some traitors were executed during WW2.
If it's so bad to be Palestinian in Israel, he is more than welcome to leave anytime.
Israel has a dismal record on gay rights. Gay marriage is illegal! Now he can be persecuted for being Palestinian rather than for being homosexual.
If it's so bad in Israel, why did he come? He is welcome to leave ANYTIME.
their behaviour to their families and neighbours. It's a violation of human rights by Israeli forces. I am sure this was the case of young man.
I can hear the teeth of Lintwait, Axl and rest of armchair terrorists grinding as they are trying to figure out how spin this story and blame Israel.
Now he can be persecuted for being Palestinian rather than for being homosexual.
thats a load of crap.they do not kill homosexuals, what these people do behind closed doors. the western media blows everythign out of proportion. i bet this guy isn't even gay he's probably not even an arab.
Such societies need educative revolution! It is also so hypocritic when societies consider Homosexuality "morally degenerate" while, at the same time, never hesitate to involve in Homosexual acts!!!!
The poor sap! Someone should tell him that homophobia is alive and well in Israel as well.
If he's gay, he won't reproduce and won't cause demographic damage.
Are we Jews any better? In Israel gays are killed like the 2 young boys in Tel Aviv. Sad that there are also intolerant Jews among us.
With all its tragic faults, blunders, and just plain old Yiddishe insanity......the state of Israel is still showing it has not completely lost its moral bearings. I am not very shy in my criticism of certain Israeli acts and I'm all for Palestinian and Moslem rights but let's face it....Moslem society with regards to certain groups of people is not exactly the most enlightened on Earth at this time. Also, my brethern with the (long) beards might be in shock at letting this "deviant goy" into Israel, but the nation (and people) are not yet totally under their Dark-Age sway. I say BRAVO Israel!!!!!