27.12.2004|Court Documents|Petition to HCJ
HCJ 11858/04 - Al-Khatib et al. v. Commander of the IDF forces in the West BankPetition for Order Nisi
HaMoked's against the respondent’s decision not to allow a youth and his mother, residents of Hebron, to enter Israel to enable the youth to undergo a medical examination needed to prove his damages as part of his personal-injury suit. Eyewitnesses stated that soldiers at a nearby checkpoint aimed their weapons at the school and immediately after that, a shot was heard. Following the incident, HaMoked filed a complaint with the respondent, and – three years later – received the response that the file had been closed. In handling the civil suit that was subsequently filed, the court ordered the plaintiff to submit a medical opinion. The respondent prohibited the plaintiff to enter Israel, for unstated security reasons, and thus severely impaired the his ability to prove his claim. The petition points out the infringement of the petitioner’s right to obtain relief in court and the denial of his right to equal treatment in the courts.
