Palestinian no-shows denied justice in Israeli courts

[Violet_Crumble]

Even though Hassan Lutfi Albishawi says there were dozens of witnesses to the shooting and its aftermath, neither he nor his witnesses are being allowed out of Gaza to testify in court.

By Tomer Zarchin and Jack Khoury

January 13, 2005 was meant to be a special day for Hassan Lutfi Albishawi and his wife, Hanan, who were awaiting the birth of their son. When the pains started, Albishawi called his wife's sister, Dalal, and a neighbor, Ilaa Hasuna, and asked them to drive him and his wife to the hospital.

When they reached the Fadus neighborhood, Gaza's realities suddenly turned their special day into a nightmare. Their car came under fire from IDF soldiers who had commandeered a building in the area. Hasuna was hit in the head and died at the scene, while Albishawi was hit in his thigh and hand.

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He has sued the Defense Ministry the in Haifa Magistrate's Court, demanding compensation, but then ran into a brick wall: Even though he says there were dozens of witnesses to the shooting and its aftermath, neither he nor his witnesses are being allowed out of Gaza to testify in court.

The Haifa judge hearing the case suggested that if that were the case, the plaintiff and witnesses could be questioned by videoconference. But the Nazareth District Court recently nixed that option, saying testimony in such cases could not be taken by video.

"The fact that only the soldiers are being allowed to testify is an effort to whitewash the facts and prevent us from claiming compensation and damages," says Albishawi, who added that he had never been active in the armed struggle against Israel. "I see no reason to prevent our entry other than to stop us from getting to court."

http://www.haaretz.com/print-edition/news/palestinian-no-shows-denied-justice-in-israeli-courts-1.397550

[Name removed]

1. Deleted message

Message removed by moderator. Click here to review the message board rules.

[inademv]

2. Not surprised in the slightest n/t

[bemildred]

3. I guess some defendants don't want to confront their accusers. nt

[Scurrilous]

4. Ridiculous. n/t

[Scurrilous]

5. Israel faces legal challenge over block on Palestinians exiting Gaza to sue state

Human rights body says those seeking damages for actions of Israeli military are refused entry to the country to appear in court

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"An Israeli human rights organisation has launched a legal challenge to the state's policy of denying Palestinians permission to leave Gaza to pursue claims for damages resulting from military action, which has led to dozens of cases being dismissed by the Israeli courts.

The petition follows a supreme court ruling in 2006 that Palestinians were entitled to sue the state of Israel for compensation for damages caused to civilians by the military outside of "acts of war". Lawsuits were filed for death, injury, house demolitions, torture and cruel or inhumane treatment.

However, plaintiffs and witnesses have been refused permission to enter Israel to appear in court, give evidence and complete necessary legal processes, such as signing affidavits witnessed by their lawyers, for their cases to proceed. Israel tightly restricts entry from Gaza which it says is necessary on security grounds.

Adalah, a human rights and legal action centre, cites a case in 2009 where the judge concluded "there is no option other than to dismiss the lawsuit".

The plaintiffs, he said, "live in Gaza City and are unable to enter Israel. Therefore, they cannot hold meetings with their lawyer or sign various documents in front of him. They cannot stand before the court to give their testimony, to prove their case … The situation cannot be expected to change in the foreseeable future."

The petition, filed by Adalah on behalf of 13 plaintiffs from Gaza plus lawyers and human rights groups, must be heard by the end of February."

http://www.guardian.co.uk/world/2011/dec/01/israel-legal-challenge-palestinians-gaza