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Confiscation and slaughter of livestock: the case of MKh and MD
5358/07 | documents: 1  |  Updates: 1 In the early hours of November 3, 2002, 19 year old MKh, and AD, a minor under 15, both residents of the village of Budrus, went herding their families' goats. Near the village houses, they were stopped by officials acting for the Flora and Fauna Supervision Unit, a governmental agency. The officials asserted the animals had been found herding in the firing range of a military encampment, about 500 meters inside Israeli territory. Note that there was nothing along the trail the youths and goats followed, which indicates that an international border existed or marked the boundaries of a firing range.

The unit officials led the herds into the encampment area and then drove them to a slaughter house. MKh and AD were questioned under caution, and sent home with the unit investigator's phone number, whom their fathers could contact to inquire about the herds. The fathers' attempts to reach the investigator that same day were unsuccessful.

The herds were slaughtered on the following day. The unit officials immediately went to the Jerusalem Magistrate's Court for a confiscation order of the proceeds from the sale of the meat. The court considered and, moreover, accepted the application although only the applicants were present. On November 5, 2002, the herd owners were summoned to be questioned under caution. They answered the investigator's questions relating to the health of livestock, and then asked for the return of their herds. The investigator informed them that the herds would be returned subject to a health check by a veterinary surgeon. He thus told them, while knowing full well that the goats had already been slaughtered and their meat had been sold.

The documents of the case indicate that the unit officials blatantly ignored the express stipulations of the Animal Diseases Ordinance, including the subjection of their powers to judicial review. Furthermore, the unit officials illegally imposed a fine of NIS 48,000 on each herd owner – not to mention the main damage they incurred, their livestock – the vital and primary income source of their families – was confiscated, slaughtered and sold – while they received nothing in return.

Following HaMoked's intervention, the fines imposed were cancelled by the State's Fines Committee. The herd owners filed a civil claim through HaMoked, against the state and against three officials of the Ministry of Agriculture who had been involved in the seizure and slaughter of the herds, seeking compensation for over material damages and mental anguish, and the ingrained, multi-systemic failure revealed in the successive acts of the unit officials. The claim was resolved by a settlement agreement whereby the herd owners were compensated in the respective amounts of NIS 35,000 and NIS 50,000, according to the damages each had incurred.


CC (Jerusalem) 5358/07 Khalifa et al. v. The State of Israel et al. Complaint
Complaint  |  5358/07   |  3.5.2007
Civil complaint filed by HaMoked in the matter of the seizure and destruction of two herds near the village of Budrus. The event itself and the ensuing proceedings were marked by omissions, failures, falsehoods, cover ups and concealing vital information from the Court. The herds were destroyed without the owners being given a chance to make their claims against the slaughter as prescribed by l...
Updates
7.6.2007
HaMoked filed suit for damages on behalf of two owners of flocks from the village of Budrus: The suit was filed following the seizure of the plaintiffs’ flocks, which were subsequently taken into Israel, slaughtered, and sold. The defendants – representatives of official authorities – trampled on the law, made a false representation to the court and misled it, and violated the rules of administ...
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