On July 8, 2009, a Bethlehem resident sought to leave for Jordan through the Allenby Bridge border crossing. Without explanation, the soldiers on duty prevented him from going through and he left as he came. That same day, and in accordance with the military procedure for handling Palestinians' applications for travel abroad, the man applied to the District Coordination Office (DCO) in his area of residence, to file an appeal against the ban on his exit. The liaison officer at the DCO informed him nothing hindered his travel abroad and – consequent to HaMoked's intervention by phone – also provided him with a written confirmation to the fact. On the following day, he arrived at the Allenby Bridge border crossing with his luggage and the DCO written confirmation, but to his surprise, the soldiers refused to allow his departure for Jordan.
HaMoked sent a complaint to the civil administration, but received no reply. On September 6, 2009, HaMoked filed an appeal to the civil administration on behalf of the man and other Palestinians, who, despite having had prior approval to travel abroad, had been prevented by military officials at the border from leaving.
Only four days later – two months after the military denied his travel abroad – the response of the civil administration arrived, notifying that his departure had been denied due to a military error and that the man was under no travel preclusion.
An attorney for HaMoked represented the man in a
civil claim against the State of Israel for damages incurred by the prevention of his departure. The statement of claim contended that the prevention of the plaintiff's departure had been unjustified and was due to negligence or extraneous considerations; that the military's actions infringed on the plaintiff's freedom of movement and freedom of occupation and caused him financial losses and considerable emotional distress.
On March 30, 2011, the parties reached a
settlement, endorsed by the court, whereby the State of Israel will pay the plaintiff a total of NIS 17,000 in compensation for the damages incurred.
