Ref: 73/2012

The Palestinian
Centre for Human Rights (PCHR) was able to secure reparation for the family of
Kassab and Ibrahim Shurrab, who were killed by the Israeli Occupation Forces
(IOF) during “Operation Cast Lead” (27 December 2008 – 18 January 2009).  PCHR
was able to conclude a settlement of 430,000 NIS (approximately USD 107,500) with
representatives of the Israeli military prosecution, which will be paid to the victims’
family within the upcoming weeks in return for the closing of their
claim. 

 

On 16 January 2009, the IOF opened fire for no reason and without
prior warning at the car Mohammed Kassab Shurrab and his two sons – Kassab (28)
and Ibrahim (18) – were traveling in, during a humanitarian truce declared by the
IOF to allow Palestinian civilians to obtain necessary goods.  As a result of the Israeli gunfire, the car
collided into a wall.  Shortly after,
Israeli soldiers stationed in a nearby house headed towards the car.  They ordered Mohammed Kassab Shurrab and his
two sons to get out of the care before they began firing at them.  Kassab was killed instantly and Ibrahim was
wounded in his leg by a bullet.  The
following day, Ibrahim died as the IOF denied him access to medical treatment.

 

After PCHR was authorized on 08 March 2009 to be the legal
representative for the Shurrab family, PCHR submitted a civil complaint to the
Compensation Office of the Israeli Ministry of Defense, according to applicable
legal procedures, demanding compensation for the family.  It also submitted a criminal complaint to the
Israeli military prosecution – the Southern Command – demanding that an
investigation into the crime be opened and that all responsible Israeli
soldiers be held accountable.   

 

As PCHR did not receive any response to either the civil or
criminal complaints and was concerned that the family would lose their chance
for justice before the end of the two-year statute of limitation period
enforced by Israel, on 19 August 2010, PCHR filed a compensation claim before
the Haifa Magistrate Court demanding compensation for the Shurrab family for
the killing of their two sons by the IOF. 

 

PCHR supported the claim with documentary evidence supporting its
argument that the IOF were unequivocally responsible for the deaths of the two
civilians, which forced the Israeli prosecution to seek a settlement to close
the claim. 

 

This is the
second case in which PCHR was able to ensure compensation through a settlement
with the Israeli prosecution for victims of “Operation Cast Lead” in the Gaza
Strip.  In July 2011, PCHR was able to reach a similar settlement, under
which the Abu Hajjaj family obtained 500,000 NIS as financial compensation for
closing the case of Raya Abu Hajjaj (64) and her daughter Majida (37), who were
killed by the IOF during “Operation Cast Lead.”