End the suffering of the Palestinian petitioners

By: Eli Levy


Source :

www.nrg.co.il

December 12, 2004


Judge Rayek Jarjoura with the Haifa District Court ended the brief of the ruling he issued in the case of a Palestinian who sued the state of Israel after being injured during an Israeli operation in the territories saying, “I think that the suffering of Palestinians who file suits against the state and are unable to attend the court hearings should be ended.”

The Palestinian filed his suit in 1999. He claimed that six years before, in June 1993, he was physically injured during an IDF operation in the territories. The Public Prosecutor's office was forced to defend the state in the petition. The case was turned over to District Court Judge Rayek Jarjoura for a hearing.

During the trial, the plaintiff tried to enter Israel several times for a medical opinion. His lawyers said that although they had made repeated requests for entry on behalf of their client, he was not been given an entry permit. Judge Jarjoura granted the attorneys a stay to attempt to obtain the medical opinion, but they informed him that they were unable to obtain an entry permit for their client.

Ultimately, the judge was forced to reject the petitioner's suit, but at the same time he leveled uncommon criticism against state authorities.

“This is not the only case”

“I would like to take this opportunity to draw attention to the fact that this is not the first case in which Palestinians who have filed suits before Israeli courts have been prevented from attending the hearings or obtaining medical opinions, which means that their previously scheduled hearings are cancelled. This violates the rights of the petitioners,” the judge said in his written ruling.

The judge added, addressing the Israeli authorities, “I think it is time to treat this problem appropriately, to put an end to the suffering of Palestinian petitioners.”

Even though he rejected the petition, the judge ruled that the Palestinian was not liable for court or legal costs. “I find no reason to require the plaintiff to pay court and legal costs as the prosecution requested,” the judge wrote. “The fact that the plaintiff was remiss is not because he did not want to submit a physician's opinion as the law stipulates, but because he was prohibited from entering the country to carry out the medical exams.”

Reader responses to the article

The Israeli occupation army

And then they say that the checkpoints are for the good of Israeli citizens and state security—Michal, Tel Aviv.

Excellent

What the state is doing is excellent. We should not allow them to file suits as they please or anything else! They're just a minority in this state, which is still a Jewish state. If we let any Arab file a suit against us, there will be no state! Let's withdraw citizenship from all the Arabs!—Uri, Netanya.

Judge Rayek: kudos. May God increase your kind. The bacteria of racism is always waiting to spread its poison to a new victim! Regardless of who you are, this is about racism and racism alone, this time against an Arab judge! Last week it was against a Jewish judge! Where will your racism lead you? This is one of the best judges in the country! What pains you is that he is just. Do you want him to rule as he pleases? Were you disappointed because he's a proud Arab and an excellent judge? Everyone who wants to insult him can just shut up!—Selim, the north.

Are you stupid because you're not a Jew? So if the plaintiff is Palestinian and the judge isn't Jewish, everything's fine? Will mistreating the Palestinians and insulting the judge be okay? Will it be fine to insult them? Is it okay for every Jew leaving comments here to feel that they are better than these two men, and much better than those leaving comments who think differently from them?—Ahinoam.

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