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Investigation into the death of Khan Yunis minor, killed from soldiers' gunfire: the case of MA
documents: 0  |  Updates: 1 The period of 2003-2005 is remembered as a particularly harsh period for the local inhabitants of al-Amal neighborhood in Khan Yunis. During that time, their property, health and even their lives were constantly at risk from the uncontrolled shooting from nearby military outposts. These shooting incidents resulted in many casualties among the local population, casualties who did not participate in the hostilities.

In March 16, 2003, MA, an underage youth living in the neighborhood, noticed wounded people crying for help in the yard next to his home, injured by military shooting in the area. MA left his home and went over with friends to provide assistance, when lethal fire opened at them. MA was hit by a bullet which entered his back, shattering internal organs and causing massive chest and abdominal bleeding. Ambulances were called in to the scene, but the continuing gunfire made access and evacuation difficult. Shortly after MA was brought to the hospital, he was pronounced dead.

From September 2003 and for many months, HaMoked repeatedly appealed to the military legal advisor in Gaza and to the Military Advocate of the Southern Command to demand the opening of an inquiry of the incident. HaMoked received only laconic responses, to the effect that "the allegations are still being examined". Finally, HaMoked was notified by the military legal advisor in Gaza that the military was not about to open an inquiry. In March 2005, acting on behalf of the family of MA, the deceased, HaMoked filed a civil suit against the state due to its liability for the soldiers' wrongful attack and negligence. The state demanded immediate dismissal of the suit. In September 2009, after exceedingly protracted proceedings – caused in part by the inability of the plaintiffs and witnesses to travel out of Gaza to Israel to participate in the proceedings – the parties agreed to erase the suit, retaining the right to renewed proceedings in 6 months time.

In March 2010, a civil claim was resubmitted. At the time of writing, October 2010, the case is still pending decision.

Tort claim for the killing of a youth in Khan Yunis: HaMoked: Center for the Defence of the Individual filed a compensatory claim against the state for the incident in which a youth was shot and killed in the alAmal neighborhood in Khan Yunis after trying to render aid to persons who had been wounded by IDF gunfire. No Military Police investigation was opened into the matter. (02) 627 1698   (02) 627 6317

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