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"Mohammed Abu Samra, a Palestinian from Qabatiyah whose wife and two children were killed by Israel Defense Forces gunfire four years ago, can sue the state for compensation, according to a precedent-setting Haifa District Court ruling.
Haifa District Court Judge Yigal Grill decided a few days ago to dismiss the state's request to disqualify Abu Samra's lawsuit. He said the suit did not violate the Intifada Law, which prevents Palestinians from filing claims for damages for events that took place in "conflict zones," and that the amendment to the law cannot apply retroactively to a case in which the evidence has already been presented.
The shooting took place on May 5, 2002, as Abu Samra, his wife Fatma and their children - Abir, 4, and Basel, 5 - were harvesting grape leaves near the Jenin bypass road. IDF troops were operating in the area at the time, and began firing toward the Abu Samra family when a tank chain broke, making a loud noise that soldiers thought indicated that the tank had driven over an explosive device.
The family was lying on the ground, but then Abir got up and was killed by a bullet to the head. Fatma died on the spot after being shot in the chest while trying to protect Basel, who was also shot in the chest. The firing and shelling continued for about five to 10 minutes until the soldiers came to the scene. Mohammed shouted that they had killed his wife and children. The troops ordered him to lie on the ground, stripped him, handcuffed him and threatened to shoot him if he said a word. They saw that Basel was still alive and gave him first aid until a medical team arrived to take him to the hospital, where he later died of his wounds."
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