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HCJ 11858/04 - Al-Khatib et al. v. Commander of the IDF forces in the West BankPetition for Order Nisi
Court Documents | 11858/04 | 27.12.2004
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.
A petition to allow entry to Israel for the purpose of medical examination, in the framework of a damages claim: HaMoked petitioned the HCJ against the military's decision not to allow a Palestinian youth to enter Israel for the purpose of a medical exam necessary in order to prove his damages in a claim he has filed. The boy was shot and seriously wounded while he was in the schoolyard, probab... (02) 627 1698   (02) 627 6317

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