Supreme Court: PA owes NIS 3 million to murdered car mechanic’s family

In the potential precedent-setting decision, the court explained that Amit Amos Montin was murdered during the Second Intifada by a minor attacker who himself pointed the finger at the PA.

By
December 7, 2017 17:55
2 minute read.
Israel

Supreme Court of Israel. (photo credit: Wikimedia Commons)

 
X

Dear Reader,
As you can imagine, more people are reading The Jerusalem Post than ever before. Nevertheless, traditional business models are no longer sustainable and high-quality publications, like ours, are being forced to look for new ways to keep going. Unlike many other news organizations, we have not put up a paywall. We want to keep our journalism open and accessible and be able to keep providing you with news and analyses from the frontlines of Israel, the Middle East and the Jewish World.

As one of our loyal readers, we ask you to be our partner.

For $5 a month you will receive access to the following:

  • A user experience almost completely free of ads
  • Access to our Premium Section
  • Content from the award-winning Jerusalem Report and our monthly magazine to learn Hebrew - Ivrit
  • A brand new ePaper featuring the daily newspaper as it appears in print in Israel

Help us grow and continue telling Israel’s story to the world.

Thank you,

Ronit Hasin-Hochman, CEO, Jerusalem Post Group
Yaakov Katz, Editor-in-Chief

UPGRADE YOUR JPOST EXPERIENCE FOR 5$ PER MONTH Show me later

The Supreme Court ruled Wednesday that the PA must pay NIS 3 million in civil wrongful death damages to the family of a Bezeq mechanic murdered in 2003.

In the decision, the court explained that Amit Amos Mantin was murdered during the Second Intifada by a 15-and-a-half-year-old, who himself pointed the finger at the Palestinian Authority for brainwashing him into committing the murder at a PA-sponsored camp 10 days prior.

Be the first to know - Join our Facebook page.


Mantin was a Bezeq mechanic sent to fix car accessories in Baka al-Gharbiya, east of Hadera.

He was shot five times while he was sitting in a car and died on the spot.

The panel of Justices Uzi Vogelman and Noam Sohlberg along with recently retired Justice Miriam Naor ruled that the PA does not benefit from sovereign immunity as a country might in similar situations.

Then-court president Naor reached the mandatory retirement age for judges of 70 on October 26, but can continue to sit on cases she started before then.

Further, the court rejected the PA’s request for immunity by virtue of the combat activities exception and the idea that the murder was part of a broader war between the two peoples.

JPOST VIDEOS THAT MIGHT INTEREST YOU:


Although the court does recognize the combat activities exception, which exempts a state from liability for civil damages negligently caused in a war zone, it said the killing here was a terrorist attack against a civilian and did not qualify for the immunity.

Next, the court rejected the PA’s attack on the minor’s confession to police, saying the court should have given greater weight to the minor’s rejection of his confession in court.

The court said this was against accepted principles for judging credibility, especially since in court the minor admitted that he did not remember the incident as well now as he had at the earlier date when he was questioned by police.

Finally, the court found there was a clear connection between the minor’s murderous actions and PA support for terrorism  during his training, which meant it could be held liable.

The case could have implications for the Jerusalem District Court rulings in July against the PA by 51 Palestinians for torturing them, and the one in November against the PA for NIS 62m. for the murder of three Israelis on Route 443.

Now if either of those cases are appealed to the Supreme Court, the victims can likely employ the same arguments that the winning victims applied in this case.

The NIS 3m. in damages against the PA represented about 70% liability, while there were also civil damages assessed to Bezeq.

Join Jerusalem Post Premium Plus now for just $5 and upgrade your experience with an ads-free website and exclusive content. Click here>>

Related Content

Energy Minister Yuval Steinitz at the Maariv Leaders Conference
October 15, 2018
Steinitz: Military action in Gaza would be the 'Mahmoud Abbas War'

By EYTAN HALON