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Wednesday, February 8, 2006
Precedent Court Victory Over Hamas

February 8, 2006

JERUSALEM COURT AWARDS TERROR VICTIMS NIS 90 MILLION
JUDGMENT AGAINST THE HAMAS

Alon Moreh Family Receives Unprecedented Court Victory
Over Palestinian Terrorist Organization

The Jerusalem District Court has awarded a family of terror victims an
unprecedented judgment in the amount of N.I.S. 90 million ($20 million)
against a Palestinian terrorist organization. Six children of the Gavish
family brought suit against the Hamas in the District Court in May 2002
following a brutal terrorist attack on their home which left four members of
the household, including both parents, dead. The District Court's decision
sought to punish the Hamas for the murders and provide some measure of
compensation for the surviving family members.

On the evening of March 28, 2002, a Hamas gunman, armed with an automatic
rifle, infiltrated the Gavish family's home in the community of Alon Moreh
and opened fire on its inhabitants. The terrorist immediately killed Rachel
and David Gavish, 50, their son Avraham Gavish, 20, and Rachel's father
Yitzhak Kanner, 83 before being killed himself by neighbors. The remaining
six children, ages 15 to 22, managed to escape out of a second floor window.

The civil action was brought on behalf of the children by Shurat HaDin
Director, attorney Nitsana Darshan-Leitner. It is the first time that the
Hamas has been sucessfully sued in an Israeli court.

At trial, Darshan-Leitner urged the District Court to find the Hamas
organization liable for the four deaths and to award the Gavish family an
unprecedented "American-style" judgment amount. The plaintiffs argued that
there was no justification nor mitigating circumstances that could
rationalize this heinous terrorist attack and that the Palestinian terrorist
group should not be provided any leniency by the court.

District Court Judge Aharon Farkash accepted the arguments and his decision
established an important legal precedent -- the awarding of punitive damages
against terrorist defendants -- for other victims seeking justice against
Palestinian terrorists in the Israeli courts.

As the District Court wrote concerning its rationale for awarding the
Gavish family punitive damages: "With no need to elaborate, I believe, that
the current case is appropriate for awarding punitive compensation against
the defendant. The sinful act of murder justifies such an award. It is a
terrorist action, which was done with intent and full awareness to cause the
death of the victims and the damage to their families, since there is no
other explanation for this act. Behind the act is a pure hatred that brought
about the death of the decedents and a very difficult and traumatic
experience upon the plaintiffs - their survivors."

On Sunday, one of the plaintiffs in the case, Yeshurun Gavish, again found
himself in the vicinity of another terrorist attack. When a Palestinian
passenger riding on a mini-bus traveling in the city of Petah Tikva, began
to stab fellow bus riders, Gavish who was nearby, quickly responded to the
victims' cries for help. He drew his pistol and charging the terrorist,
managed to overpower the attacker before he could stab any additional
passengers. Tragically, one women was killed in the attack.

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It is day 7379 that Jonathan Pollard remains in an American prison
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Shurat HaDin - Israel Law Center is a long overdue Jewish legal rights
institute based in Israel. Staffed by some of the country's leading activist
attorneys, we are dedicated to providing legal representation and resources
for the numerous courtroom struggles, which are being waged in the Israeli,
American and European courts on behalf of the Jewish State. We serve as a
central clearinghouse and litigation base for the multifarious legal battles
that have been thrust upon Israel's citizens during these dark days.

Contact Us: info@israellawcenter.org

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