Border policeman sues terrorist

Monday, May 16, 2022, 19:48 For the first time, a border policeman has sued a terrorist who injured him during an operational activity. Last year, S., a border policeman, participated in an operational activity in the Silwan neighborhood of Jerusalem. During the activity, a terrorist ambushed the border policemen and threw rocks, roof tiles, and other objects at them from the roof of a house. S. was injured in his face by a roof tile. He was rushed to Sha’arei Tzedek Hospital and given medical treatment under partial anesthesia.

The terrorist was arrested, brought to trial, and convicted of aggravated assault, disturbing a policeman in the line of duty, and making threats. Now that the terrorist has been convicted of criminal offenses, S. is filing a civil suit against the terrorist and demanding 180,000 NIS in compensation for damages to him and his family. Honenu Attorney Ophir Steiner is representing the claimant.

Steiner stated: “There is an erroneous perception that when a soldier or a policeman leaves an area of combat he cannot make claims against those who tried to injure him. Thus, a sort of delusion of ‘immunity’ has formed among criminals and terrorists that at most they will be put on trial in a criminal court by the State of Israel. This perception is not in line with the principle of equality before the law. Everyone who injures another knows that if they are sued, they will be required to compensate for the damage and there is no reason for terrorists to receive different treatment. The goal is for every soldier and policeman who is injured in an operational activity to insist on his rights and sue those who attempted to injure him. Thus, those who want to injure our forces will know that they risk not only arrest and penalization in a criminal court but also an obligation to pay compensation. This will contribute to deterring violent attackers and compensating soldiers for damages for which they do not always receive redress from governmental authorities.”

The statement of claim is summarized below:

In the framework of his duties as a border policeman, the claimant took part in an operational activity in the Silwan neighborhood of Jerusalem. During the activity, the terrorist went onto the roof of his family’s house and stood several meters from where the border policemen were operating. The terrorist threw many rocks and roof tiles from the roof.

In response, the border policemen at the site opened fire with sponge bullets and tear gas, but that did not stop the terrorist. He continued to throw objects at them. One of the roof tiles hit the claimant in the head. His nose was broken, causing severe bleeding, and he suffered a deep cut in his skin approximately two centimeters long. The border policemen who were at the scene rushed the claimant to Sha’arei Tzedek Hospital. He required painful and prolonged treatment under partial anesthesia.

The claimant was caused pain and suffering during the violent incident, during treatment of his injury, and also after the incident, as he was waiting for his broken nose to mend. The great stress he felt when he was injured and his face was covered with blood, during an operational activity, and in hostile surroundings, added to his pain and suffering.”

The injury had long-range effects on the health of S., including those which affected, and still affect, his personal life. Therefore S. is demanding suitable compensation for the damages caused to him as a result of the violent acts of the terrorist, and also for legal expenses.

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