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September 19, 2006
Lawsuit Filed to Bankrupt Hamas
On the evening of March 28, 2002, a Hamas gunman, armed with
an automatic rifle, infiltrated the Gavish's house 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. Nitsana
Darshan-Leitner has filed suit againt Hamas in Jerusalem.
If she wins, Hamas will be bankrupt, and all the European
Union funds will go to the victims instead of the
terrorists. God bless her.
Let us all hope and pray that the Gavish children win this lawsuit, and financially gut Hamas. This will be some measure of justice. RJA
Gavish Family Acts to Seize Assets of Islamic Terror
Organization
An unprecedented motion to financially liquidate the Hamas
terrorist organization was filed this morning in the
Jerusalem District Court.
The liquidation motion, which was brought by the
six surviving children of Rachel and
David Gavish z"l, seeks to formally plunge the Islamic
terrorist organization into bankruptcy.
The Plaintiffs have requested a court order authorizing them
to assume control over any and all of Hamas' assets along with the
right to execute against them in order to satisfy a judgment
awarded to them early this year.
The liquidation proceeding has been filed on behalf of the
six Gavish children by Shurat HaDin director Nitsana
Darshan-Leitner.
On February 26, 2006, the Jerusalem District Court handed
down a judgment in favor of the Gavish family in the amount
of N.I.S. 92 million ($20 million U.S.). The historic
judgment marked the first time that Hamas was successfully
sued in an Israeli court.
The case arose from the brutal terrorist attack on the
Gavish family's home which left four members of the
household, including both parents, dead. On the evening of
March 28, 2002, a Hamas gunman, armed with an automatic
rifle, infiltrated the Gavish's house 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.
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."
According to attorney Darshan-Leitner: "Placing Palestinian
terrorist groups in bankruptcy will be a powerful new weapon
in the effort by terror victims to secure a measure of
justice and compensation for the criminal acts committed
against them.
"The liquidation motion seeks to enable the
Gavish children to seize any Hamas assets that can be
located and utilize them to satisfy the NIS 90 million
judgment they were awarded. The court appointed bankruptcy
trustee will have tremendous authority to investigate Hamas
and root out its assets which was not available to terror
victims on their own."
FOR MORE INFORMATION: 972-(0)3-736-1519
Email: info @israellawcenter.org
Posted by Robert J. Avrech at September 19, 2006 02:04 PM
Comments
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