"One phone call separated between the plaintiffs' lives and the integrity of their bodies and souls and the destruction of their lives", so write 42 victims of the "Nova" party in the first tort lawsuit of its kind filed against the security agencies in the country, for their negligence and omissions in everything related to the Nova party.
In the lawsuit, which was filed today (Monday), the victims are petitioning for compensation in the amount of NIS 200 million from the IDF, the Shin Bet and the police due to their gross negligence regarding the management of the events at the nature party. On behalf of the victims, they are Adv. Anat Ginzburg and Adv. Gilad Ginzburg.
This is the largest tort claim ever filed in Israel against the state. Attached to the lawsuit was an expert opinion detailing the defendants' failures on behalf of a retired deputy superintendent, who was responsible for years for the issue of event approval and licensing.
42 plaintiffs signed the lawsuit, the survivors of the party who were physically and/or mentally injured. Individual medical opinions of the plaintiffs proving their claims were attached to the lawsuit. "All the defendants had to do was make a phone call to the responsible parties on their behalf in order for them to disperse the party in view of the notifications received the night before the party," it said.
The lawsuit refers, among other things, to the interface between the defendants before the Nova party regarding the licensing and approval of the party, the granting of approval and licensing of the party, the failure to issue an order to close the party and the dispersal of the participants despite warnings of a serious security incident in the area that were received several hours before the massacre.
According to the lawsuit, the request for approval of a party called "Unity" that started a day before the "Nova" party, in the Re'im parking lot, located near the Gaza border, was submitted about 3 months before the event. At the last minute, permission was requested to extend the party by another day. Senior officers in the Gaza Division expressed security concerns about holding a mass party near the Gaza border, but despite this, approval for the Nova Party was received.
It was also noted that the operations officer of the Gaza Division opposed the holding of the "Nova" party because it was an unnecessary security risk and even emphasized that the IDF would have difficulty securing the party throughout the weekend, because it was the Simchat Torah holiday and many soldiers went home. Despite his warnings and warnings of additional officers permission was given to hold the party.
According to the plaintiffs, no one in the IDF or the police informed the approximately 3,500 participants of the Nova party about security concerns. Furthermore, it is further alleged that, since it was already known on the night of October 6-7 about the development of an unusual security situation, the security forces did not bother to immediately order closing the party and dispersing the participants to their homes.
"It is incomprehensible," the petition to the court reads, "how the defendants did not order the party to be dispersed immediately." Among other things, even after the fear of terrorists infiltrating the sector arose, the party was not dispersed, the number of police officers and the equipment did not match the nature of the mission, and more.
In the plaintiff's counsel, they emphasize in the lawsuit that "the lawsuit does not come to replace the state commission of inquiry that will be established, and that the lawsuit refers specifically to the omissions and negligence that preceded the party, including the approval and licensing of the party, the failure to issue an order to disperse the Nova party participants to their homes despite the notifications received. We expect the court to take on full charge and compensate the plaintiffs who are in a very difficult situation."
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