Israel to compensate Palestinian shot by IDF troops
Nazareth District Court tells State of Israel to compensate 30-year-old Gaza resident who as a teen was shot by IDF gunfire and remains paralyzed in lower body
The decision was based on a Supreme Court ruling according to which the state is responsible for damages caused during the army’s activity in the territories.
In its decision the Nazareth court overturned a previous Afula Magistrates’ Court decision saying there was no proof of negligence on the part of the IDF soldiers. The case will now return to the magistrates’ court to determine the amount of compensation.
'Soldiers’ lives were not in danger'
According to the lawsuit, in 1993 the Palestinian, who was 16 at the time, was on his way to his Jabalya refugee camp home when he noticed people running for cover in a nearby field. He was then shot in the shoulder, and when he attempted to get up and seek help a few minutes later he was shot again at close range by IDF soldiers, the lawsuit claimed.
The teen was evacuated to Shifa Hospital in Gaza and was later transferred to Jerusalem’s Hadassah Ein Kerem Hospital, where he was treated for serious chest and spine injuries.
During the trial the state claimed that the soldiers arrived at the scene after receiving word of a Hamas gathering with the participation of wanted terrorists, adding that they had opened fire after realizing that their lives were in danger.
“Firing at the lower part of the body is not enough to neutralize the danger posed by the fugitives to the soldiers’ lives,” the state said.
However, the magistrates’ court judges said the soldiers’ lives were not in danger and therefore the state must compensate the Palestinian in addition to covering his attorney’s fees, which totaled NIS 20,000 ($4,750).
