Reparations

HaMoked's activity in 2017: overview and statistics

2017 marked 50 years of Israeli occupation, and the Israeli government continued to promote policies to entrench its control over the Occupied Palestinian Territories. It also worked to silence and intimidate watchdogs and critics of the occupation. Amid this difficult context, HaMoked continued its work to provide individual assistance and to promote systemic change. We can look with some satisfaction at our achievements.

New policy: after demolishing the assailants’ family homes, Israel now files lawsuits against the families

On June 21, 2017, Israel filed a lawsuit against the “heirs and estate” of the man who perpetrated an attack in Armon HaNatziv in Jerusalem on January 8, 2017. In lawsuit, for 8 million ILS, the state asks the court to order the widow and children of the assailant to compensate it for the expenses incurred by the attack. Thus also in another lawsuit, filed at about the same time, against the family members of the man who perpetrated the attack in Ammunition Hill in Jerusalem on October 9, 2016.

Torture in interrogation rooms: six lawsuits submitted through HaMoked over mental and physical damage caused to interrogees at the ISA interrogation facility at Shikma Prison

From September 2015 to May 2016, six lawsuits were filed via HaMoked against the state with its various agencies – the military, the Israel Prison Service (IPS) and the Israel Security Agency (ISA), concerning the ill-treatment and unacceptable interrogation methods used against detainees held at the ISA interrogation facility at Shikma Prison in Ashkelon, Israel.

13 years after the 2003 shooting death of a West Bank resident by an Israeli soldier: the state agrees to pay the widow and orphans “ex-gratia” compensation

On November 6, 2003, a resident of Anabta, in Tulkarm District, was returning home back from work. Near the Anabta/Einav checkpoint, he came upon soldiers in pursuit of a suspect, an encounter that ended with this innocent passerby's death, shot dead by one of the soldiers. For thirteen years, his widow struggled with the Israeli authorities, which refused to pay her and her children any compensation for the tragic death of her husband.

Thirteen years after a toddler was killed by an Israeli soldier’s gunfire in Gaza: the state finally allowed the father to enter Israel to testify in court about his son’s tragic death

On October 2, 2003, a 17-month-old toddler climbed up to the rooftop of his home in al-Amal Neighborhood in the city of Khan Yunis, the Gaza Strip. His father, who hurried after him, heard a shot followed by a cry and found the toddler had been shot and critically wounded. The father rushed the toddler to hospital, where he died two days later.

HaMoked to the Court: order state to approve immediate removal of debris from a punitively demolished housing unit in Jabal al-Mukabber in order to prevent further damage to property or life

On the morning of October 6, 2015, military and police personnel arrived at the Jabal al-Mukabber neighborhood of East Jerusalem and detonated the family home of one of the perpetrators of the November 2014 attack in Jerusalem’s Har Nof neighborhood. The demolition caused considerable damage to adjacent units, despite the state’s undertaking to take steps to minimize collateral damage – an undertaking recorded in the judgment dismissing HaMoked’s petition against the demolition. The judgment itself was handed down on December 31, 2014.

The Knesset approved Amendment No. 8 of Civil Wrongs (Liability of the State) Law: Israel continues to exempt itself from liability for damage caused by its soldiers in the OPT and raises additional obstacles on the way of Palestinians to sue compensatio

State liability for damages caused by the Israeli security forces in the Occupied Palestinian Territories (OPT) is regulated by the Civil Wrongs (State Liability) Law, 5712-1952. The Law establishes the limits of the state's liability for the payment of compensation and was also applied to injured parties, residents of the OPT. Initially, the Law exempted the state from liability for damage caused by security forces acting on its behalf in a "wartime action".

A decade after the military shot and killed a resident of the Qalandiya Refugee Camp: the state will compensate the deceased's family in the sum of ILS 400,000

At around noon, on April 15, 2002, a Palestinian resident of the Qalandiya Refugee Camp left the mosque after prayers. As he walked along the street, an Israeli soldier fired a single shot at him, the bullet entered through his back and exited through the chest. The soldier then got into a military vehicle and drove off. The man was rushed to the Arab Care Hospital in Ramallah, where he was pronounced dead. The deceased had been the sole provider of his family; he left behind four small children, his wife, and parents.