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CC (Jerusalem) 12262/03 - Al’adem v. Sergeant Ilya et al.
Court Documents | 12262/03 | 29.12.2003
Claim for bodily injuries filed by HaMoked on behalf of a resident of the Occupied Territories. While on the way to the hospital to give birth, soldiers prevented a car she was in from crossing a checkpoint. The soldiers violated the procedure for allowing persons to cross in cases of medical emergency that the state undertook before the High Court of Justice to implement. The woman was forced to travel to the hospital via a long alternate road, and gave birth on the way with the help of relatives who had accompanied her. The newborn died in the hospital. The fact that she was born with birth defects made it impossible to prove a causal relationship between the lack of medical care at the time of birth and her death. Following the filing of the complaint, the parties reached a settlement, in which the state paid the mother NIS 40,000 in compensation.
Checkpoints and Closure:  Following a compensatory claim filed by HaMoked, the state will pay NIS 40,000 to a resident of the Occupied Territories who was in labor, and soldiers at a checkpoint refused to let the vehicle in which she was travelling to cross so that she could go to the hospital. As a result, she had to travel via a bypass road and gave birth in great agony while on the way to th... (02) 627 1698   (02) 627 6317

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