Ref: 27/2009
Date: 10 February 2009
Time: 13:00 GMT
Family of Sayed Abu Safra to Receive
Settlement of NIS 200,000 in PCHR Lawsuit Against Israeli Occupation
Forces (IOF)
The Palestinian Centre for Human Rights (PCHR) Legal Aid
Unit has won a settlement for the family of Sayed Saleh Abu Safra, from
Um al-Nasser village in the northern Gaza Strip, who was willfully
killed by Israeli Occupation Forces (IOF) in December 2003. The Unit has
reached a settlement with the Israeli military prosecution, and the sum
of NIS 200,000 NIS (approximately US$ 50,000) will be paid to the Abu
Safra family in exchange for the case being closed.
Sayed Saleh Abu Safra was killed in December 2003 by IOF
troops positioned near "Nissanit" settlement, who shot him in the head.
On 11 December 2003, the family of Sayed Abu Safra authorized PCHR to
take legal action regarding his death. On 23 December 2003, PCHR
submitted a complaint to the Israeli Defense Ministry, demanding an
investigation into the case, prosecution of all those responsible, and
reparation for the Abu Safra family.
On 2 March 2004, PCHR received a response from the
Israeli military police interrogator, who demanded that the bullets from
Abu Safra's body be extracted. The interrogator claimed this was
necessary in order to identify exactly who had shot and killed Sayed Abu
Safra. The family refused to have the bullets extracted. On 6 March
2004, PCHR sent medical reports relating to Abu Safra's death to the
Israeli military police interrogator, stating the reports provided
sufficient evidence for the case to proceed.
On 9 June 2005, PCHR received a response from the Israeli
Compensation Office, which stated a settlement could be negotiated. In
August 2005, as the case remained outstanding with the Israeli Defense
Ministry, and as the period for suing before the Israeli courts was
about to expire, PCHR submitted an application for compensation to
Gudaira District Court. On 21 June 2006, the Israeli prosecution
submitted its response to the PCHR application.
The court in Israel subsequently held several sessions to
consider the case, and a settlement was finally reached, and formally
approved by the court on 2 February, 2009. According to the settlement,
the Abu Safra family will receive NIS 200,000 in exchange for the case
being closed.
PCHR lawyer Eyad Alami, Director of the Legal Aid Unit,
stated the settlement constitutes an achievement in the face of
systematic war crimes perpetrated by IOF against Palestinian civilians
and civilian objects. Alami added that PCHR would continue to make use
of all available judiciary mechanisms, at both national and
international level, to ensure prosecution of those suspected of
committing crimes, including war crimes, against Palestinian civilians,
and to secure reparation for the victims and survivors.