Israel Law Center..
14 January '13..
Tel Aviv, Jan. 14, 2013: A US court has ruled that the Palestinian Authority (PA) has the right to cover up a document linking it to a 2002 suicide bombing that killed two Americans and one Israeli teenager. The suicide bombing was perpetrated by the Popular Front for the Liberation of Palestine (PFLP), a constituent faction of the Palestine Liberation Organization (PLO).
The secret memo was mistakenly given to lawyers representing the teens' parents as plaintiffs in a $300 million lawsuit against the PA and PLO. The case is being tried in a Washington, DC federal court, with plaintiffs represented by New York attorneys David Schoen and Robert Tolchin and Nitsana Darshan-Leitner of Tel Aviv's Shurat HaDin – Israel Law Center. The families contend that they have evidence that the PA provides funding to the PLO and PFLP, including paying the rent for the designated terrorist group's offices in the West Bank.
According to media reports, the memo reveals a close relationship between the bomber and a PA security officer who planned the suicide attack. The document, written by Major Ziad Abu Hamid of the PA's intelligence service, additionally supports the plaintiffs' allegations that the PA provided material support and resources for the PFLP bombing which took the lives of the three teens and seriously injured numerous others.
Once attorneys for the defendants realized their mistake they sought to retrieve the document from the plaintiffs insisting it was privileged. The attorneys for the plaintiffs, however, argued that the memo was evidence in the murder of American citizens and should not be returned to the Palestinians nor destroyed. The defendants then asked the district court judge to compel the plaintiffs to destroy the memo. In a recent ruling, the court surprisingly granted the defendants' motion and ordered the plaintiffs to destroy the document. The terror victims' families have now filed for a stay of that order pending an appeal to the Court of Appeals in Washington, DC.
On Feb. 16, 2002, a Palestinian terrorist blew himself up in a packed pizzeria in the Israeli town of Karnei Shomron, killing American citizens Keren Shatsky, 15, and Rachel Thaler, 16 and Israeli teenager Nehemia Amar, 15.
Scott Shatsky, the father of one of the victims, remarked: "This decision is incomprehensible. It makes me feel that justice is not being done. Maybe I'm missing something, but to me it's just outrageous." The families have written to the Department of Justice, the FBI and several congressmen asking them to intervene in the matter.
Nitsana Darshan-Leitner stressed: "We are hopeful that the Court of Appeals will understand the importance of this document and will reverse the ruling and not allow the memo to be destroyed. It is hard proof of the defendants' role in this heinous suicide bombing that took the lives of three young teenagers. We are insisting that the truth be allowed to come out and the details of the Palestinian Authority's role in this murderous terrorist attack be presented to an American jury."
Attorney David Schoen stated in his filings with the court: "Defendants' illegitimate cover-up efforts must not be permitted with impunity. If returned or destroyed, this critically important evidence of murder will likely be lost forever. It would also deprive Congress of the kind of evidence it must have to evaluate whether to continue funding these defendants, only to see the money go to support and reward terrorism against Americans."
In November, Shurat HaDin, representing 24 Americans living in Israel, filed a civil action against the State Department claiming the latter was not providing adequate oversight concerning its funding to the PA in the West Bank and Gaza. The group alleges US funds were possibly being utilized for terrorism. The suit, filed in the district court for Washington, D.C., claims that the State Department has failed to observe congressional safeguards, transparency, and reporting requirements in its funding of the PA.
For more information:
media@israellawcenter.org
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Link: http://www.israellawcenter.org/page.asp?id=&show=photo&pn=1319&ref=report
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