The Supreme Court ruled today (Tuesday) that the Israeli Navy Seal who was recognized as a disabled veteran due to his participation in the raid on the Mavi Marmara flotilla may sue the army in a parallel civil case.
In fact, the soldier could now sue for damages beyond the disability allowance currently awarded him.
According to a report on Channel 2, the fighter "B" was the first to descend from the helicopter to the ship when he was captured by the terrorists and beaten. The terrorists violently removed his ski mask that preserves the anonymity required of soldiers in elite units.
Afterwards his face bloodied and battered face was photographed and publicized to the world, alongside pictures of other fighters who participated in the raid.
"B"'s lawyers, Lior Tomashin, David Shverbaum, and Gil Ganonian, argued that the exposure of the images prevents him from realizing his plans to study medicine abroad, or to work for a number of international security firms, for the fear that terrorists will recognize him from the picture and try to harm him.
"B", who is already recognized by the state as a disabled veteran, sought to open a civil lawsuit against the defense establishment to receive compensation. The state objected on the grounds that "B" has already been recognized as disabled and is therefore not entitled to additional compensation.
The Magistrate's Court and later the District Court accepted "B"'s arguments, but the state continued to oppose and appealed the decision to the Supreme Court. The court decided in an unprecedented ruling to allow "B" to pursue a civil claim concurrently.
"For unclear reasons the state persecutes 'B', an heroic soldier, in yet a third court, racking up unnecessary expenses, bureaucratic red tape, and frustration," said attorney Lior Tomashin, representing the soldier. "The state prefers to lose time after time in court instead of stopping to understand the extent of the injustice and the damage caused to him and grant him compensation, which will undoubtedly be less than the damage and mental anguish actually caused to him.
"Since the families of the foreign dead and wounded received compensation - perhaps the time has come to end the issue of a fearless warrior who was called upon to be the first fighter to descend to the 'lion's den', the one against the many to fight for the country," added the lawyer.