Gaza fishermen petition High Court

Aviad Glickman | YNet News

16 June 2009

Four Palestinians from Gaza petitioned the High Court of Justice Tuesday in an effort to get back their confiscated fishing boat, seized by the IDF last month.

The fishermen claim that their livelihood had been gravely undermined by Israel’s Defense Ministry and demand compensation in addition to the ship’s return.

The Navy operates near Gaza’s shores regularly in a bid to prevent maritime terror attacks and often encounters innocent fishermen, who are promptly warned to sail back to permitted zones. However, the petitioners claim that they were sailing in an approved area during the incident in question.

According to the petition, two IDF vessels approached the ship, fired at it, and ordered the crew to leave. Later, a Navy boat approached the fishing vessel and ordered the fishermen to disembark, the petitioners said. The soldiers are said to have covered the fishermen’s eyes and handcuffed them.

Two Palestinians were eventually questioned by Shin Bet officials following the seizure, before being returned to the Gaza Strip via the Erez crossing. The four ship owners say Israeli officials promised to return the ship and its contents within a week, but have not done so to date.

The petitioners say they approached the Defense Ministry several times but have not received a relevant response. They said that none of them were ever involved in terror activity against Israel.

Al Mezan Secures Release of Palestinian Fishing Boat Seized by IOF

23-4-2009 16/ 2009 Al Mezan Center for Human Rights managed to secure the release of a Palestinian fishing boat that was confiscated by the Israeli Occupation Forces (IOF) at around 8am on 25 March 2009, after the IOF gunboats opened fire at the boat, close to Rafah beach. The IOF also detained the Palestinian fishers who were on the boat, but released them the next day. The fishermen were identified: as Mohammed Abdullah Khalil An-Najar, 27; his brother Khalil, 22; Yousef Abdullah An-Najar, 19; and Hasan Khalil An-Najar, 19. The boat is owned by Hasan Khalil who is being held in an Israeli prison. On 29 March 2009, an Al-Mezan lawyer delivered a complaint to both the Israeli Minister of Defense and the Commander of the Israeli Naval Forces, demanding that the boat be returned to its owners. The complaint also referred to Al Mezan's right to resort to court action. On 7 April 2009, Al Mezan received a response from the Israeli Navy that they would return the boat on 22 April 2009. At around 4pm on 22 April 2009, the boat was returned through Kerem Shalom crossing, and Al-Mezan's lawyer made sure that it was received by its owners. Al-Mezan Center secures return of Israeli-confiscated fishing boat to Gazans Date: 24 / 04 / 2009 Time: 20:29

Bethlehem - Ma’an - The Al-Mezan Center for Human Rights secured the release of a Palestinian fishing boat confiscated by Israeli forces on 25 March after gunboats opened fire on the vessel off the Rafah shore.

The fishermen were detained and the boat confiscated. While the Gazans were released the following day, the boat was not released until Wednesday, following court action by the Al-Mezan center.

According to the center a complaint was delivered to both the Israeli Minister of Defense and the Commander of the Israeli Naval Forces on 29 March demanding that the boat be returned to its owners.

On 7 April Al-Mezan received a response from the Israeli Navy saying they would return the boat on 22 April; it war returned through the Kerem Shalom crossing.

Reaction in Gaza as the boats stolen by the Israeli navy are returned damaged

Posted on the ISM webpage on: November 30, 2008

Three Palestinian trawling vessels confiscated by Israeli naval forces were returned on Thursday 27th November.

ISM Gaza Strip made this video as the boats were finally returned.

Almost immediately following the announcement that three Human Rights Groups had filed an appeal against Ehud Barak and the commander of the Israeli navy the boats were returned to Palestinian waters. The vessels were stolen from Gazan waters on 18th November while fishing in Palestinian territorial water.

Filed by Al-Mazan, the Palestinian Centre for Human Rights (PCHR) and the International Solidarity Movement (ISM), the appeal to the Israeli Supreme Court was on behalf of the vessels’ owners. The appeal, sent to the Israeli Supreme Court, asked why the boats have not been released and why the fishermen have not been compensated for their loss of income and their loss of use of the boats for the past week.

Rather than answer these questions in court, raising serious contradictions to the Israeli claim that Gaza is no longer occupied, Israel’s navy informed the lawyers that the boats would probably be returned immediately. Less than 24 hours later the boats were returned, though initial reports suggest that they had sustained serious damage and that expensive equipment has been stolen.

Video by ISM Gaza Strip

Israel attempts to avoid court challenge by returning stolen Palestinian fishing boats

Posted on the ISM webpage on: November 27, 2008

Thursday 27th November, 2008 - Gaza City, Gaza Strip, Palestine

Three Palestinian trawling vessels confiscated by Israeli naval forces were returned today almost immediately following yesterdays announcement that three Human Rights Groups had filed an appeal against Ehud Barak and the commander of the Israeli navy. The vessels were stolen from Gazan waters on 18th November while fishing in Palestinian territorial water.

Filed yesterday by Al-Mazan, the Palestinian Centre for Human Rights (PCHR) and the International Solidarity Movement (ISM), the appeal to the Israeli Supreme Court was on behalf of the vessels’ owners. The appeal, sent to the Israeli Supreme Court, asked why the boats have not been released and why the fishermen have not been compensated for their loss of income and their loss of use of the boats for the past week.

Rather than answer these questions in court, raising serious contradictions to the Israeli claim that Gaza is no longer occupied, Israel’s navy informed the lawyers that the boats would probably be returned immediately. Less than 24 hours later the boats were returned, though initial reports suggest that they had sustained serious damage and that expensive equipment has been stolen.

“While the return of 1/4 of Gaza’s trawling fleet after they were stolen by the Israeli navy is a relief to Gaza’s fishermen, the fact that it only took the threat of court action in their own legal system for the boats return demonstrates how baseless Israel’s claim of not occupying Gaza is” said Fida Qishta, local human rights activist from Rafah and ISM co-ordinator in the Gaza Strip.

Held in Ashdod, the fishing boats were transferred into Palestinian waters six nautical miles offshore at approximately 16:00 Gaza time and reached the port of Gaza City shortly before 18:00.

There are only 12 boats of this size in the Gaza Strip, so the confiscation represented one quarter of such boats available to the Gazan population.The boats were abducted 7 1/2 miles from the port of Deir al-Balah, well within ‘Zone L’, which, under the Oslo agreement, gives them the right to be fishing within their own 20 nautical mile limit.

The boats’ captains reported damage to their vessels’ - indeed one trawler had to be towed in by a second due to engine damage. Equipment such as GPS devices were also missing. The fishermens’ loss of earnings over the last ten days is still being estimated.

The three human rights observers from the International Solidarity Movement who were accompanying the fishermen at the time of the Israeli assault were held at Maasiyahu detention centre in Ramle, despite never being charged. All have now been illegally deported by the Israeli authorities. Vittorio Arrigoni was deported to Italy on Sunday 23rd November, Andrew Muncie to the UK on Tuesday 25th and Darlene Wallach to the US early on Thursday 27th November.

Human rights groups file appeal against Ehud Barak over the confiscation of Palestinian fishing boats

Posted on the ISM webpage on: November 27, 2008

Ramallah, Occupied West Bank: On November 25, 2008, Al-Mazan, the Palestinian Centre for Human Rights (PCHR) and the International Solidarity Movement (ISM) have filed a legal appeal against Ehud Barak and the commander of the Israeli Navy. The appeal was launched over Israel’s illegal confiscation of three large fishing boats from Palestinian territorial waters on the 18th November.

This appeal has been sent to the supreme court asking why the boats have not been released and why the fishermen have not been compensated for their loss of income and their loss of use of the boats for the past week.

The boats were abducted 7 1/2 miles from the port of Deir al-Balah, so they were well within Zone L, which, under the Oslo agreement, gives them the right to be fishing within their own 20 nautical mile limit. Israel’s actions raises serious doubts about their claim that Gaza is no longer occupied.

The action against Barak and the Israeli Navy is based, in part, on the The Hague convention, “Family honor and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected. Private property can not be confiscated.”