The family of IAF navigator Major Asaf Dagan, who has not yet been buried due to the controversy over whether to recognize him as a fallen IDF soldier, intends to sue the IDF in the Supreme Court.
The family presented evidence that Asaf was summoned for an urgent reserve duty shift on the day of his death and was on his way to the Kirya base before he ended his life.
The IDF refused to recognize him as a casualty due to his having received the call to reserve duty by a WhatsApp message from his comrades rather than by an official channel from the IDF. The IDF claims that as he was not officially mobilized, Dagan does not qualify for a military funeral.
The family has collected dozens of signed affidavits from reserve soldiers in various units, testifying that in the past year they have frequently been summoned for reserve duty via WhatsApp messages.
Attorney Yuval Yoaz from the office of Karniel & Co., representing the family, said, "Asaf Dagan was on his way to reserve duty in the Kirya on the day of his death. He was in active service in a classified unit, in a senior and sensitive role. The procedure of reporting for shifts in his unit was done informally, but that does not change the fact that he was in active reserve duty, which was his status at the time of his death. Since the army officials do not accept these simple conclusions, there is no choice but to intervene in this sensitive and painful case."
Inbal Dagan, Asaf's sister, added, "After three dreadful weeks, the family has reached its limit. It is sad and appalling that we have to appeal to the Supreme Court so that Asaf can receive a military burial. While in recent weeks the entire nation of Israel has stood by us, the IDF, absurdly, hides behind strange bureaucratic excuses. No one will be allowed to deny the reality. Asaf, a hero of Israel, was abandoned by his commanders in life and is abandoned by them in death, while he lies in a refrigerator, waiting for a military burial. We will not give up until he receives the burial and honor he deserves."