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Civil claim over humiliation and abuse during detention: the case of AD
documents: 0  |  Updates: 1 In April 2002, during operation Defensive Shield, AD was arrested by soldiers at Al Manara square in Ramallah. The soldiers blindfolded and handcuffed him and led him to a nearby building, where they beat him and threatened him with a cocked weapon. The soldiers continued to beat him later, when he was transported by bus to the Ofer detention camp.

Upon his arrival at the Ofer camp, AD was put in a narrow room, where he was held for four days with many other detainees, all of them handcuffed and blindfolded. The cell was immensely overcrowded; the floor was flooded with water and their rations consisted of only water and matzah.

Thereafter, AD and many other detainees were brought to a shed used for parking heavy vehicles. Overall conditions were appalling: the shed provided no cover from the wind; the blankets the detainees received were not sufficient for protecting against the extreme cold and food was in short supply. After 21 days in detention, AD was released at the Qalandiya checkpoint. The personal effects taken from him on the day of the arrest, including his identity card and money, were not returned to him. 

In July 2004, HaMoked filed for damages on AD's behalf, claiming the state was liable for the soldiers’ actions. The statement of claim noted that the assault on the plaintiff was not an isolated incident, as violence and humiliation became the norm for detentions carried out during operation Defensive Shield. In its statement of defense, the state denied all the facts presented in the statement of claim, arguing that even if the plaintiff had incurred damages, they fell in the scope of “wartime action”, which exempts the state from civil liability. In February 2008, the state and the plaintiff signed a settlement, whereby the state would pay the plaintiff a total of NIS 105,000.


Updates
13.4.2008
In a compromise settlement signed by the State and a Jerusalem resident represented by HaMoked, the State agrees to pay compensation totaling NIS 105,000: The Plaintiff was detained in 2002 during Israel’s “Operation Defensive Shield” and was beaten by soldiers and incarcerated in Ofer Prison in appalling conditions
mail@hamoked.org.il (02) 627 1698   (02) 627 6317

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