Supreme Court slams Dirani in damages claim hearing

Justice Rubinstein points to fact that Lebanese terrorist rejoined Hezbollah; 'he isn't sitting on his porch smoking a hookah'

Aviel Magnezi|Published: 01.29.13 , 23:50

The Supreme Court discussed Tuesday the State's appeal to prevent Lebanese terrorist Mustafa Dirani from suing Israel for damages.

Dirani is pursuing the lawsuit even though he has rejoined Hezbollah and is considered an active terrorist.

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The State motioned for an additional discussion on the issue following the Supreme Court's decision in July to allow Dirani, who held captive navigator Ron Arad in the past, to continue to pursue his lawsuit against the State.

Dirani claims that during his interrogation in Israel he was the victim of rape and sodomy.

The discussion took place on Tuesday before an extended panel of seven judges, several of whom sharply criticized Dirani, finding it hard to understand how a member of a terrorist organization can demand compensation from the same country he wishes to destroy.

The State argued that Dirani's lawsuit should be quashed because he's a citizen of an enemy state and a member of a terrorist organization. In addition, the State said Dirani only filed his claim six years after the alleged abuse took place.

The State also said that no basis for Dirani's claims has been found and that he was only threatened, for which his interrogator was fired.

Justice Elyakim Rubinstein said that he "can't think of any country in the world that would allow a person who engages in war against it to pursue a civil claim on its territory.

"It's no secret he isn't sitting on his porch smoking a hookah," he added.

Justice Hanan Melzer also attacked Dirani's Attorney Zvi Rish's position and said: "There are facts; Dirani has rejoined Hezbollah even though he vowed not to be involved in terrorism."

Melzer added that Dirani declared in the past that he doesn't care for money, and wondered what stands behind the symbolic sum demanded in the damages claim – six million shekels.

Dirani's attorney answered that "as Dirani declared before, the sum is derived from a wish to prevent deeds similar to those the Nazis did against the Jews."

Dirani's lawsuit was filed with the Tel Aviv District Court in 2000 and his testimony was given in 2004, two days before he was released to Lebanon. The extended Supreme Court panel will give its decision on the issue soon.