BERLANTY AZZAM STUCK IN GAZA AS THE UNIVERSITY

C O N F I D E N T I A L SECTION 01 OF 02 JERUSALEM 002232 SIPDIS NEA FOR FRONT OFFICE AND IPA; ALSO FOR ECA; NSC FOR KUMAR; JOINT STAFF FOR LTGEN SELVA E.O. 12958: DECL: 12/08/2019 TAGS: PHUM KWBG PREL KPAL IS SUBJECT: BERLANTY AZZAM STUCK IN GAZA AS THE UNIVERSITY TERM ENDS REF: JERUSALEM 2021 Classified By: Consul General Daniel Rubinstein for reasons 1.4 (b) and (d). ¶1. (SBU) Summary. Lawyers for Berlanty Azzam, the Palestinian student at Bethlehem University who was arrested and removed to Gaza on October 28 by the Israel Defense Forces (IDF),continue to pursue her case in the Israeli legal system. In recent weeks, there have been two hearings before the Israeli High Court, as well as a military hearing at the Erez crossing between Gaza and Israel. As of December 6, Palestinian and Israeli NGOs report that the IDF continues to defend the decision to remove Azzam from the West Bank and prohibit her return to complete her studies in Bethlehem. These NGOs expect the Israeli High Court to rule on the case soon, but are not optimistic that she will be allowed to complete her studies. End summary. ¶2. (SBU) Background: The IDF arrested Berlanty Azzam, a 21-year-old Palestinian student at Bethlehem University, on October 28 at a West Bank checkpoint near Ramallah, and then deported her to Gaza that night. The IDF did so on the grounds that she (as a Gaza resident) is prohibited from studying in the West Bank without the appropriate permit, which she does not have (reftel). The Israeli NGO Gisha, which has provided Azzam legal counsel, requested an interim injunction that would allow Azzam to return to her studies at Bethlehem University while the court deliberated. ¶3. (SBU) On November 12, the Israeli High Court held a hearing on Azzam's removal from the West Bank. According to ConGen contacts who attended the hearing, the court requested that the IDF grant Azzam a hearing and opportunity to appeal her removal, with legal representation. The court reportedly requested an "update" by the IDF on Azzam's status by November 22. ¶4. (SBU) On November 17, the IDF held a hearing at the Israeli crossing terminal at Erez, on the border with the Gaza Strip. According to contacts at Gisha and Bethlehem University, the IDF focused its inquiry on the permit that Azzam was carrying at the time of her arrest. The IDF claims that the permit, issued in 2005 and reportedly lost after the IDF confiscated it from Azzam during her arrest, allowed her entry to Jerusalem only. Azzam responded that the Latin Patriarch of Jerusalem requested the permit on her behalf, and that she was unaware of the details. She noted that she did ask the Latin Patriarchate to obtain a permit for her to study at Bethlehem University. On November 24, according to those same sources, the IDF affirmed its decision to remove Azzam to Gaza and to refuse reentry into the West Bank to resume her studies at Bethlehem University. ¶5. (SBU) On November 30, Azzam was allowed to attend a hearing at the Israeli High Court in Jerusalem. Attendees report that IDF representatives argued that Azzam's 2005 permit only authorized her to travel to Jerusalem, not the West Bank. Unable to present the permit as evidence, IDF representatives provided information about other permits issued in 2005, authorizing travel only to Jerusalem. A lawyer representing Azzam told us that she does not contest that the GOI may have issued her a "Jerusalem-only" permit, but questioned its legitimacy to restrict entry to the West Bank. ¶6. (SBU) At the hearing, the court suggested that the IDF allow Azzam to finish her studies in the West Bank and to accept a financial guarantee that she would return to Gaza upon graduation. Brother John Francis Curran of Bethlehem University submitted an affidavit on behalf of the Vatican, which would take "responsibility as the guarantor for Berlanty's adherence to the decision for the Israeli High Court" if the IDF were to permit Azzam to return to her studies. According to Bethlehem University officials, however, the IDF refused, emphasizing the ramifications of Azzam's case on (1) other Gazan students who wish to study in the West Bank, and (2) the estimated 25,000 holders of Gaza ID cards currently residing in the West Bank. Berlanty asked to speak at the hearing, but the court denied this request. ¶7. (C) Sari Bashi, the Executive Director of Gisha, told EconOff that she thought the court was unconvinced by the JERUSALEM 00002232 002 OF 002 IDF's arguments in the Azzam case, but would be unlikely to compel action over its objections. Bashi said she expected a ruling from the court during the first half of December. RUBINSTEIN