Residents of the Gaza Strip continue to face barriers in access to adequate health care and medical treatment due to the Israeli siege of Gaza and restrictions on the freedom of movement.
Palestinian patients from Gaza who require medical treatment in Israel and the West Bank often face delays in receiving the Israeli issued crossing permits; some patients are denied entry to Israel, while others are granted permission after the date of the hospital appointments.
Palestinian patients who do receive permits are often interrogated at Erez crossing and arrested, along with the patient escorts.
According to Al Mezan’s field investigations, at approximately 3:00 pm on Monday, 27 October 2014, Israeli forces arrested a Palestinian patient identified as Mohammed Rebhi Anees Abu Khalifa, 31, while he was traveling through Erez crossing to receive medical treatment at the Arab Specialized Hospital in the city of Nablus in the West Bank.
In their affidavits to Al Mezan, Abu Khalifa’s family stated that in the evening hours on the previous day, the Israeli civil affairs authority informed Mohammed that authorities had granted his request for travel.
At approximately 8:30 am on Monday, Mohammed and his aunt, Khetam Sa’eed Abu Khalifa, went to the crossing; they were permitted to enter at 2:30 pm.
When they arrived at the Israeli side of the crossing, Israeli forces arrested him and turned back his aunt.
Al Mezan’s lawyer was informed that the detainee, who has a medical issue with his spinal cord, would not be permitted a lawyer visit until Tuesday, 4 November 2014.
At approximately 9:30 am on Tuesday, 28 October 2014, Israeli forces arrested Hasan Mohammed Hasan Mhanna, 39, who was escorting his sick father to Al Maqased hospital in East Jerusalem.
The Israeli forces had granted the patient and his escort a permit to travel via Erez crossing; when they arrived at the crossing the Israeli forces ordered the patient, Mohammed Mhanna, 69, to return to Gaza.
The patient has a medical issue in his chest and was on his way to Al Maqased Hospital to undergo medical examinations; he is unable to walk unassisted.
He went back to Rafah by ambulance.
The delay and denial of medical treatment creates serious physical and psychological pain, constitutes a form of ill-treatment and torture, and risks the life of the patient.
Al Mezan points out that the denial of medical access of protected persons is in contravention of international humanitarian law, citing in particular paragraph (2) article (38) of the Fourth Geneva Convention, which emphasizes the right to “receive medical attention and hospital treatment to the same extent as the nationals of the State concerned”.
Israel’s policies also violate articles (22), (25), and (12) of the International Covenant on Economic, Social and Economic Rights.
Al Mezan asserts that the Gaza Strip is part of occupied Palestinian territory.
Israel, as an Occupying Power, is obliged to uphold international law obligations to provide adequate medical care.
Al Mezan calls on the international community to intervene to ensure the respect of international law, to bring a half to the violations, and to enable Gaza patients to reach hospitals and receive medical treatment.