"Ongoing injustice": Yemeni families are preparing for the next step in the campaign

The families who filed the appeal against the state and the Jewish Agency expressed satisfaction with the Supreme Court decision for "recognizing the pattern of disturbing action." They said "there are dramatic statements in the decision," but they expressed concern about dragging their feet. "It's not the end of a verse yet"

"Ongoing injustice": Yemeni families are preparing for the next step in the campaign

The families of the Yemeni children who appealed against the State of Israel and the Jewish Agency expressed satisfaction with the appeal yesterday (Tuesday) by the Supreme Court in their claims against the State and the Jewish Agency for the disappearance of their children. Rafi Shubali from a live forum, which represents the families who filed the appeal, said the decision actually indicates the appeal is fully accepted. "This lawsuit represents 11 families from a group of 80, who approached the state, to which a state replied that they did not know what had happened to their child after he was responsible," he reasoned.

Shubley explained that "Defendants are the state and the agency. They were responsible for the facilities where the children disappeared. These are children who are considered missing and the state has not been able to prove what happened." He added that "of the 11 families, five remained mothers. The rest of the prosecutors are the siblings of the missing."

"The prosecutor's office sought to increase the fee in a way that would make it difficult for families to appeal, so they could file 11 separate lawsuits," Schubley said. "Today the court made the ruling and a little went beyond it. There are normative statements here that the judges chose to include in the verdict. We posted the statements on the Facebook Live Forum page." The Supreme Court decision states that there are "disturbing suspicions about one respondent's pattern of action that may establish the appellants' right to relief at the end of the proceeding."

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Hadassah Children's Hospital in Rosh Hayin, June to February 1950 (Photo: Courtesy of Nechama Ben Porat, Walla System! NEWS)

As part of the lawsuit, prosecutors demanded compensation for the mental damage they suffered when their children and siblings disappeared from the baby homes in the immigrant camps. The Supreme Court accepted the appeal, after the district court last February dismissed the lawsuit outright and ruled that these were different and separate events and therefore separate lawsuits should be filed. "The actions and omissions of state officials raise disturbing suspicions about one respondent's pattern of action," the court decision states. "We are pleased with this decision, but keep in mind that the process still needs to be carried out. This is not the end of a verse," Shubley said.

"This is an important decision, a decision that basically adopts our basic position and now needs to be translated into a process to be conducted in the district," Shubley explained. He said parents are demanding that the state tell families if it has any information they have not yet provided, "In any case, the state should express its responsibilities through financial compensation, because justice will not be here." On the prosecutor's request to dismiss the lawsuits on grounds of statute of limitations, Shubley said, "I think the prosecutor's office chooses to interfere with families and its inhuman policy at the simplest level, especially the statute of limitations raised in each proceeding is an outrageous claim." He added that "the state is the strong side that is facing the weak side, there is no equality of power. What is fearful, the court is an arm of the state, why should the lawsuit be rejected out of hand, maybe there is something to fear?"

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Tombs of the "Yemenite Children" in the Sgula cemetery in Petah Tikva (Photo: Reuven Castro)

The graves of the "Yemeni Children", the Purple Cemetery, Petah Tikva. June 2016 (Photo: Reuven Castro)

Attorney Yossi Gamaliel, who also represents families, said that "beyond the court's success, the court's decision has important and even dramatic statements in terms of the case." He added that "there are important things for us, in terms of families, beyond the court's acceptance of He claims that "the court actually recommends that the state settle the dispute outside the court walls, it would be better if things do not turn out in court." He asked the prosecutor's office and the courts to hurry. In managing the lawsuits, if the state does not go in that direction. "It's about parents coming in days when there is concern that they will Meme. We have seen no such drop in resolution in any court ruling. "Beyond legal success, Attorney Amaliel is pleased with" very important statements that will be cast on about a hundred lawsuits we conduct in the magistrates' and district courts. "

"The state should express its responsibilities." Demonstration in the Tel Aviv government, September 2017

Yemeni government demonstration on kidnapping of Yemen 25.9.17 (Photo: Walla system! NEWS)

"All her life she worked on all levels to find her son." Naomi prevailed

Shmarit Yoni Kaplan, granddaughter of Naomi Gabra, whose son was kidnapped from her hands in the Ein Shemer World Camp in 1950 and is part of the lawsuit, said that "my grandmother was kidnapped from the hands of a baby, it is a very joyous ruling and yet it is only part of a long journey." She added that "there is a small element of recognition and a link between all families, there is a beginning of recognition of the establishment in a story that is more than institutional, and at the same time it is a long process, the case talks about the legal process and not the content." She explained that for this reason a long way to come, "but I hope she is optimistic." She also said that "the prosecutor's argument for old age is an ongoing injustice."

Yoni Kaplan added: "The state may not even try to melt the case, and even after 70 years, you have not done anything so far, so the lawsuit should be wiped out. She expressed hope that despite the great time that passed, the family will meet Uncle Zion, who was kidnapped." Hope that after the affair awakens, things will happen, I would like to realize my grandmother's will that kidnapped her baby from her hands, she has worked all her life on all levels to find her son. "