cemetery where terrorists are buried
cemetery where terrorists are buriedFlash 90

High Court justices Noam Solberg, Dafna Barak Erez and David Mintz rejected a petition to the High Court filed by the family of an Arab terrorist who carried out a terror attack in which a Border Police officer and a soldier were injured a year ago.

In the judgment, Justice Solberg, with the consent of Justices Mintz and Barak Erez, ruled that the rule established in the High Court that allows the possession of terrorists' bodies and their burial in enemy cemeteries also allows the state to prevent the terrorist's family from attending his burial or visiting his grave.

Among the allegations raised by family members, it was alleged that the incident was not a ramming attack but an accident. Judge Solberg also rejected that claim.

"The petitioner's claims regarding the circumstances of the incident in which his son was killed should be rejected. As stated in the state response, the petitioner did not file proceedings in this regard, even after his previous petition was rejected," Solberg wrote.

Subsequently, Solberg stated that there was no reason to allow the family members to participate in bringing the body for burial or to visit the grave in the enemy cemetery.

"Preventing the possibility of taking part in the burial process and inspecting the graves, is working to promote the effort to restore Israeli citizens and IDF soldiers being held by terrorist organizations," the judge noted.

According to him, "If it were not for this prevention, the effectiveness of the entire policy would be of delaying the restoration of the bodies of the terrorists would be impaired. Such restrictions and motives are not an act of 'collective punishment', as the petitioner claims, nor revenge."