“We recommend that both sides consider allowing the plaintiff entry to complete her studies in exchange for her posting a high bail,” the Supreme Court said.
At the same time, the court said it saw no reason to order the state to allow Berlanty Azzam to return immediately to her studies in the occupied West Bank, where she had lived since 2005.
Azzam, 22, had just two months left to complete her bachelor’s degree at the Vatican-sponsored Bethlehem University.
She was detained and sent to the Gaza Strip handcuffed and blindfolded on October 28, because her ID card listed a Gaza address, according to the Israeli human rights group Gisha which petitioned the court to allow her to return.
In a statement filed with the court on Tuesday, the state attorney said Azzam should not be allowed back, insisting she had failed to obtain proper Israeli authorisation to live in the West Bank.
“By her own admission she was given a permit to enter for five days for religious Christian purposes. It is not clear how she could reach the understanding that this permit would allow her to remain,” the statement said.
Her lawyer, Yadin Elan, said in his submission that Azzam considered her residence in the West Bank to be legal, and that her basic rights outweighed the claim that she had broken “some unwritten rule.”
He also told AFP it was “absurd” and contrary to international law that a Palestinian should need an Israeli permit to live in the West Bank.
Israel controls the Palestinian population registry and since 2000 has not permitted address changes from the Gaza Strip to the West Bank.
“All I want is to be able to return to my studies in Bethlehem. I need the court to deliver justice,” Azzam said before Tuesday’s hearing.
The court said it will hold another hearing within a week and ordered the state attorney’s office and Gisha to coordinate for Azzam to be able to attend.
Last week, Azzam was given a first chance to make her case before the military which held a hearing at the Erez crossing with Gaza after the court found she had been denied due process.
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