AP Exclusive: Palestinians Face Steep Court Fees - ABC News

Dozens of Palestinians who lost relatives in an Israeli military offensive in Gaza three years ago have been forced to put their compensation claims on hold, saying Israel has placed near-impossible barriers to proceeding with their cases.

Israeli restrictions prevent Gazans from entering Israel to testify, undergo medical exams or meet with their lawyers. But the biggest obstacle, the victims say, are steep court fees that can reach tens of thousands of dollars.

"The victim must pay for justice," said Gaza resident Mohammed Abdel-Dayim, whose son and three nephews were killed during a military assault. "Israel should be ashamed."

Israel says the fees prevent frivolous lawsuits. They say they are imposed on many foreigners — not just Palestinians — because they don't have local assets that the state could seize to cover legal fees and other court costs.

But Palestinians say the costs are part of a strategy to protect Israeli soldiers. If the fees aren't reduced, lawyers representing Palestinians say they will have to drop most cases.

Abdel-Dayim is suing Israel over the deaths of four relatives: His son was a volunteer medic who died when Israeli tank fire struck the ambulance he was driving. Three nephews were killed the next day when Israeli shelling struck a mourning tent where the family was grieving.

In this Tuesday Oct. 11, 2011 photo, Assma Muhammad Abd el-Dayim, 4, holds a picture of her late brother Arafat, 13, who was killed on Jan. 5, 2009, at their family house in Jebaliya, northern Gaza Strip. Mohammed Abd el-Dayim, the childrens' father, is suing Israel over the deaths of four relatives: his nephew, a volunteer medic who died when Israeli tank fire struck the ambulance he was driving, and a son and two other nephews who were killed the next day when Israeli shelling struck a mourning tent where the family was grieving. Dozens of Palestinians who lost relatives in an Israeli military offensive in Gaza have been forced to put their attempts to seek compensation on hold, claiming Israeli financial barriers make it impossible to proceed with their cases. (AP Photo/Adel Hana) Close

An Israeli court asked Abdel-Dayim to post $22,000 in court fees, or just over $5,000 per victim. His annual income is under $6,000.

About 1,000 Gazans have prepared cases seeking compensation, mostly alleging wrongful deaths during Israel's offensive in the territory, according to their lawyers.

Some 1,400 Gazans were killed during the three-week Israeli operation, including hundreds of civilians. Israel launched the offensive in December 2008 in response to heavy Palestinian rocket fire. Thirteen Israelis also died in the fighting.

Israel says Gaza's Hamas rulers are responsible for the civilian casualties, claiming the militant group endangered civilians by firing rockets from near schools and residential areas.

In civil suits in Israel, the losing party must pay legal fees and court costs of the winning side. Because foreign nationals could bolt without paying, Israeli courts often demand a security deposit. The money is returned to plaintiffs who win their cases.

The sum of the guarantee is left to individual judges.

For example, in July, Judge Nehama Munitz of the District Court in the northern city of Nazareth demanded a $5,500 deposit from each of 42 Gazan plaintiffs in a case involving the bombing of the Abdel-Dayim mourning tent, according to legal documents. Mohammed Abdel-Dayim's share was $22,000.

She said the fees are justified by the expensive and time-consuming investigative process, and dismissed claims of a financial barrier.

"The plaintiffs did not prove that they are unable to afford the expense of the court guarantee, and/or did not claim this in their brief," she wrote in a court document obtained by The Associated Press.

Tameem Younis, a lawyer representing the families, is now appealing. If the fees aren't reduced, "we will have to cancel the claims," he said.