Palestinian Shepherd Shot by IDF Cannot Sue Army
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- Published on Friday, 10 August 2012 09:10
PNN
A Palestinian shepherd shot in the leg by the IDF will not be able to sue the army for damages, after GOC Central Commander Maj. Gen. Nitzan Alon signed an order preventing Mohammed Shamasna from suing three years after he originally filed his lawsuit, Israeli media reported on Thursday.
The IDF will, however, pay Shamasna NIS 10,000 in legal expenses. The shepherd from Katna was mistakenly shot in the leg in November 2007, by IDF soldiers disguised as Arabs who came to break up a demonstration against the separation wall being built in the area.
Following the shooting, Shamasna had to undergo several operations and a lengthy rehabilition process. He then sued the IDF for damages, according to the process whereby Palestinians wounded by the IDF can submit complaints to the head of the ombudsman's office.
Shamasna's case was initially thrown out, and then transferred to an appeals committee in May 2009. The Military Advocate General's Office continued to refuse to pay damages while the case continued over three years.
If an IDF area commander decides that an injury is caused during a necessary military operation, those wounded cannot claim damages. However, it took three years for the commander to sign the document classifying it as a military operation, thus preventing Shamasna from being able to continue his case.
Shamasna's lawyer Laviv Habib told Israeli newspaper Haaretz that the fact that the IDF took so long to declare that Shamasna's shooting took place during a military operation showed a lack of integrity. Habib added that he believed that the decree was signed solely to block the case.
