Ref: 35/2009

Date: 12 March 2009

Time: 13:00 GMT  

PCHR condemns legal exploitation of victims of Israel’s latest offensive: any attempts to mislead its clients will not be tolerated

The Palestinian Centre for Human Rights (PCHR) has discovered that Mohammed Fuqara, a Palestinian lawyer residing in Israel, has filed a case in Nazareth District Court on behalf of the al-Samouni family, that lost 27 of its members during the recent Israeli offensive on the Gaza Strip.

According to media reports, Fuqara is claiming to be the legal representative of members of the Samouni family and is currently pursuing legal proceedings to seek compensation on their behalf. PCHR reiterates it is the only legal representative of the al-Samouni family, as per the power of attorney that has been granted to PCHR by the family.

PCHR acknowledges the value of attempts made by individuals or institutions to indemnify Palestinian civilians and seek compensation for material and human damages they have incurred. But the primary motivation of any such attempts must first be to investigate violations against the civilians, to bring the perpetrators to justice and to prosecute them, rather than simply to seek compensation.

Consequently, PCHR expresses its deep concern about cases being filed to seek financial compensation in the absence of simultaneous criminal investigations.

The worst outcome of such cases, which PCHR is concerned about, is that this may lead to a financial settlement and agreement reached between the lawyer and the accused, without the accused having to accept criminal responsibility. In such a scenario, victims may forfeit their right to seek future prosecution of war criminals who have engaged in violations of international law or suspected war crimes. The outcome would be limited to financial compensation, and would not lead to prosecution of those responsible or the holding to account of Israeli officers who have carried out criminal acts. It also belittles the high human cost paid by Palestinian civilians, often with the lives of their children.

In light of the above:

• PCHR reiterates that it is the only legal representative of the al-Samouni family, as per the power of attorney that has been granted to PCHR by the family.
• PCHR affirms it was not informed of the case filed before Israeli courts on behalf of the al-Samouni family, by the lawyer Mohammed Fuqara.
• PCHR’s primary aim, through its efforts on behalf of victims of violations perpetrated by the Israeli occupation forces (IOF), is to ensure the IOF opens criminal investigations into any alleged crimes, accepts responsibility for these crimes and prosecutes the perpetrators. Only then would PCHR seek compensation for the Palestinian civilian victims, either using litigation available locally in Israeli courts, or via other options, including international jurisdiction.
• Seeking financial compensation is not PCHR’s primary aim. Its fundamental objective is to use legal means to oblige the IOF to recognise the responsibility of its soldiers, officers and military commanders for any violations and crimes committed, to prosecute the perpetrators and then indemnify the civilian victims, via compensation.
• Directly seeking material compensation for committed crimes, as announced by the lawyer Fuqara through media outlets, may contribute to concealing facts on crimes that have been committed by the IOF in the Gaza Strip. In addition, this may contribute to ensuring the impunity of the perpetrators. Such direct procedures ignore two fundamental issues related to violations against human rights, which are: opening criminal investigations into committed crimes, and seeking to bring perpetrators to justice.
• The case of the al-Samouni family is one amongst hundreds of cases managed by PCHR. PCHR is still formulating the most appropriate legal options, according to available findings and current circumstances. The legal options that PCHR will take must first ensure the prosecution of perpetrators and those responsible for committed crimes, and only then will it seek indemnification for the victims.
• PCHR will not tolerate any attempts to mislead its clients. The Centre will take all necessary actions to protect the rights of its clients, and will not tolerate any attempts to mislead or deceive them. PCHR also issues a warning to other victims who may wish to deal with the lawyer Fuqara. The Centre is following and has been informed of many complaints that have been filed against Fuqara in the past. Kav La’Oved reported on 9 February 2009 that Fuqara has been questioned by the Israeli Bar on many occasions, for complaints that have been filed against him.
• PCHR warns its clients and other victims of human rights violations against lawyers seeking to mislead and deceive them. These attempts may sabotage efforts to ensure justice for the victims, the prosecution of war criminals and the indemnification of victims.