Order Nisi in a petition to allow entry to Israel for the purpose of a medical exam required in the framework of a damages claim: the HCJ ordered the State to explain its refusal to allow a Palestinian youth who was shot by soldiers in his schoolyard when he was 14 to enter Israel. The purpose of his entry is to undergo a medical exam needed to prove his damages in a claim he had filed. The refusal constitutes a further obstruction of the right of access to justice of Palestinians who were harmed by the actions of Israel's security forces, and seek to claim damages

A new procedure which the State presented in the framework of a petition by HaMoked: Center for Defence of the Individual, compels Palestinians who are conducting legal proceedings in Israel to fund a private security escort if they wish to enter Israel. This is a further, significant step towards thawrting claims filed by Palestinians who were harmed by the military's actions during the intifada (HCJ 11858/04 Alkhatib v. Commander of the IDF Forces in the West Bank). 

The petitioner is a Palestinian youth who was shot and seriously wounded by soldiers' gunfire while playing in the schoolyard, when he was 14. As a result of the shooting, he suffers from paralysis in his left arm and additional injuries. The petitioner filed a damages claim against the State of Israel. The claim was filed in Israel, as the State compels Palestinians who were harmed by its actions to conduct their suits in Israeli courts. 

The Commander of the Military Forces in the West Bank had initially refused to allow the petitioner's entry to Jerusalem, where he was to undergo an examination by a specialist physician in order to receive an expert opinion which is vital for his claim. Following the submission of the petition, the Military Commander permitted the petitioner's entry, on the condition that he fund two private security guards and a security vehicle, who will escort him to the exam. 

In a hearing held on 4 April 2005, the petitioners objected to this proposal, as providing such an escort is a basic responsibility of the police; as a private security guard is not subject to the customary norms of conduct in an escort which may potentially cause grave injury to the petitioner's liberty; and as the cost is substantial (about 1600 NIS per day of escort) - a sum which acts as a deterrent and infringes the right of access to justice.  

The petitioners claim that this new procedure is yet another measure meant to prevent Palestinians harmed by soldiers or police officers, in non-combat actions, from filing suit for their damages. Other such measures include reducing the statute of limitations on Palestinians' claims from seven to two years, obliging Palestinians to deposit large sums of money as guarantees for legal expenses, requiring Palestinians to provide a notice of damages within two months of the offence, and now – imposing a heavy financial burden when entry into Israel is required for the proceedings. The State claims that the new procedure is reasonable and that the police does not have the means to provide the escort.  

The presiding Justices, President Barak and Justices Procaccia and Naor, did not accept the State's proposal, and issued an Order Nisi compelling it to respond to the petitioners' claims within 14 days.