Finally I want to provide you with some background information about the cases brought to trial. Some of the papers are original documents , which are published here with the permission of Shurat HaDin.
More information about how Shurat HaDin managed to freeze the accounts of several terror organizations are in Part 11/10 (Briefing Nitsana)
I. Case studies
1. Gal Eisenmann
„They were the two most precious things to me, my mother and my daughter,“ Pnina Eisenmann said. „I’m crying enough tears to fill an ocean.“ Speaking of her daughter, Eisenmann said that Gal had only recently celebrated her fifth birthday. „She was a delightful girl, beautiful with blonde hair. She was very intelligent; so much so, that sometimes I could not understand what she wanted, because she made so many explanations. Her kindergarten teacher told me she contributes so much. I think they [the kindergarten class] will be very sad.
Gal Eisenman was 5 years old when she and her grandmother, Noa Alon, got back from a kindergarten concert of Gal’s and stepped into the proximity of the popular French Hill bus stop and hitchhiking post.
Minutes before, a suicide bomber had managed to run past heightened security that surrounded the bus stop. Armed with a bomb that was reinforced with ball bearings to maximize impact, the bomber, identified later as a member of the Fatah Al-Aqsa Martyrs Brigade, had run past the security officials and into the bus stop, detonating the bomb immediately.
Gal was killed instantly in the attack, while her grandmother died of injuries a few days later. Both her mother and sister – Penina and Sagi- survived the attack. A video of the concert that had happened just a few hours prior to the bombing was used to identify their bodies.
The trial is currently ongoing (2015)
2. Yehonathon Bauer
Alan Bauer, who was injured along with his 7-year-old son when a Palestinian policeman blew himself up directly behind them as they walked home, said by phone from Jerusalem that he and his family are “thrilled” by the verdict.
A native of Chicago, Bauer said he was walking home from the office and holding the hand of his son, Yoni, in March 2002 when the bomb exploded.
“I was thrown forward,” he said. When he regained his senses, he saw that his hand was “covered in blood and I couldn’t find my son. I then saw him face down. I picked him up and heard him moaning, so I knew he was alive. He was taken to an ambulance and in the ambulance they removed a towel drenched in blood from the back of his head.”
Bauer, a biochemist and father of four sons, said doctors found that two screws had penetrated his left arm and that a screw had gone through his son’s brain.
“He was put in coma to let fluid drain out and was then left blind and paralyzed on his left side,” he recalled.
Bauer said his son, who will be 20 this year, testified during the trial and told the jury that he has regained partial vision but that his left side is still weaker than his right.
Sokolow escaped from the second tower of the World Trade Center during the Sept. 11 attack. He and members of his family were wounded in Sunday’s bombing in downtown Jerusalem.
“I was a lot luckier last time,” Sokolow told reporters from his hospital bed in Jerusalem on Sunday. “This one involved my whole family.”
Members of an Orthodox congregation in Cedarhurst, N.Y., Sokolow, his wife, and two of their daughters were in Israel to visit their eldest daughter, Elana, 18, who is studying at Midreshet Lindenbaum, a prestigious girls’ yeshiva in Jerusalem.
They had gone downtown to buy shoes before their return to the United States. Sokolow recalled how the family was walking out of the shoe store when the explosion occurred.
“We walked out and all of a sudden I heard a blast. I felt a blast, like a boom. Almost it didn’t seem real,” he told Israel Radio.
“A number of people came over to help me. They put me into the back of an ambulance. I remembered that I had to go see if my wife and daughters were OK. I got out of the ambulance to try to find them, but I couldn’t find them anywhere.”
Mark, wife Rena and teen-age daughters Jamie and Lauren — were injured and are still in Jerusalem, said Mark’s father, Al, in New York.
Rena broke her leg and will be in a body cast for several months, and Jamie had her eye injured by glass. Mark and Lauren’s injuries were less severe.
4. Shayna Gould
A few paces away, 19-year-old Shayna Gould was in a great mood. She was on her cell-phone talking to her girlfriend in London. Her parents had bought her a ticket to visit her friend as a birthday/Chanukah gift and they had lots of plans to make.
Shayna’s laughter was suddenly silenced as the bullet pierced her upper chest, puncturing a lung.
Pools of blood litter the sidewalk. A nauseating smell mingles with the afternoon rain. Loved ones try to reassure one another through the tears.
Shayna is oblivious to the yelling, panic and sirens as she is put into a Magen David Adam ambulance. She has lost a lot of blood and her condition is critical. She doesn’t have much time, and Shai, the driver, knows it. As he races through the narrow streets of Jerusalem, he made a move that may have well saved Shayna’s life: He calls his wife who (“coincidentally”) was working at the hospital that afternoon. He tells her to break standard hospital procedures and prep the operating room immediately, bypassing trauma and all other delays.
Shayna’s heart stopped on the operating table. She had no pulse. No blood. Her heart was dry.
Shayna’s father later explained: „By the time they arrived, the medical personnel were waiting. Shayna’s heart stopped on the operating table. She had no pulse. No blood. Her heart was dry. They literally had to refill her with blood — and bring her back to life.“
II. A historical lawsuit
Mark I. Sokolow et al v. The Palestine Liberation Organization, The Palestinian Authority (a/k/a „The Palestinian Interim Self-Government Authority“ and/or „The Palestinian Council“ and/or „The Palestinian National Authority“), Yasser Arafat, Marwan Bin Khatib Barghouti, Ahmed Taleb Mustapha Barghouti (a/k/a „Al-Faransi“), Nasser Mahmoud Ahmed Aweis, Majid Al-Masri (a/k/a „Abu Mojahed“), Mahmoud Al-Titi, Mohammed Abdel Rahman Salam Masalah (a/k/a „Abu Satkhah“), Faras Sadak Mohammed Ghanem (a/k/a „Hitawi“), Mohammed Sami Ibrahim Abdullah, Estate of Said Ramadan, deceased, Abdel Karim Ratab Yunis Aweis, Nasser Jamal Mousa Shawish, Toufik Tirawi, Hussein Al-Shaykh, Sana’a Muhammed Shehadeh, Kaira Said Ali Sadi, Estate of Mohammed Hashaika, deceased, Munzar Mahmoud Khalil Noor, Estate of Wafa Idris, deceased, Estate of Mazan Faritach, deceased, Estate of Muhanad Abu Halawa, deceased and John Does 1-99, No. 1:04-cv-00397-GBD-RLE
Elise Janet Gould, Shayna Eileen Gould, Jessica Rine, Henna Novack Waldman, Morris Waldman, Shmuel Waldman
- January 2002, Jaffa Road, Jerusalem
US$ 41.5 Millionen
Elana R. Sokolow, Jamie A. Sokolow, Lauren M. Sokolow, Mark I. Sokolow , Rena M. Sokolow
- January 2002, Jaffa Road, Jerusalem
US$ 26.5 Millionen
Alan J Bauer, Binyamin Bauer, Daniel Bauer, Yehonathon Bauer, Yehuda Bauer
- March 2002 King Georges Street
US$ 35 Millionen
- June 2002 French Hill
US$ 10 Millionen
Katherine Baker (for Benjamin Blutstein), Rebekah Blutstein, Richard Blutstein (for Diane Carter), Larry Carter, Shaun Choffel, Robert L. Coulter JR, Diane Coulter Miller, Robert R. Coulter SR (for Janis Ruth Coulterer und David Gritz), Nevenka Gritz (in the name of herself and as descendand of Norman Gritz)
- July 2002 Cafeteria Hebrew University
US$ 69 Millionen
Chana Goldberg, Elieza Goldberg, Esther Goldberg, Karen Goldberg, Shoshana Goldberg, Tzvi Goldberg, Ya’acov Goldberg, Yitzhak Goldberg,
- January 2004 Bus Nr 19, Jerusalem
US$ 47 Millionen
The plaintiffs seek up to $3 billion in damages from attacks between January 2001 and February 2004 by the PLO. In September 2008, U.S. District Judge George Daniels rejected the PLO’s argument that the attacks were acts of war rather than terrorism. Trial began in January 2015 and on February 23, the jury returned a guilty verdict on all counts. The defense has been found liable for $218.5 million, an amount set to be tripled to $655.5 million.
III. Juridical foundations:
Anti terrorism act of 2001
18 U.S. Code § 2333 – Civil remedies
(a)Action and Jurisdiction.—
Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees.
(b)Estoppel Under United States Law.—
A final judgment or decree rendered in favor of the United States in any criminal proceeding under section (…) shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section.
(c)Estoppel Under Foreign Law.—
A final judgment or decree rendered in favor of any foreign state in any criminal proceeding shall, to the extent that such judgment or decree may be accorded full faith and credit under the law of the United States, estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding under this section.
IV. The forms used by the court
V. The forms used by PLO/PA