Residents of the Gaza Strip continue to face barriers in access to adequate health care and medical treatment due to the Israeli siege on 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, the Israeli forces arrested a Palestinian patient identified as Mohammed Khamis Hammdan, 51, while he was traveling through Erez crossing to receive medical treatment at the Istishari Eye Center in Amman, Jordan. Hammdan had a visa to enter Jordan to receive medical treatment for myopia. He underwent a surgery several years ago in Jordan and was planning to return to the same hospital in Jordan to undergo further surgery. He obtained h permit from the Israeli side to travel via Erez. On 17 September 2014, Hammdan went to Erez crossing but he was detained and interrogated there for six hours. The Israeli forces ordered him to return to the Gaza Strip and to come back the next day. At approximately 7:00 am on Wednesday, 18 November 2014, Hammdan went to Erez crossing. He was in contact with his family until 11:00 am. At approximately 3:00 pm the same day, his family received a phone call informing them that Hammdan was being held at Ashqelon prison.

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 the 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 halt to the violations, and to enable Gaza patients to reach hospitals and receive medical treatment.