Caselaw

Civil Appeal 4584/10 State of Israel v. Regev - part 64

December 4, 2012
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Therefore, it seems to me that the right way is Recommend The State has the right to compensate the Respondent in the maximum amount in accordance with the ceiling set in the Rules of Procedure (Compensation for Arrest or Imprisonment), 5742-1982 for 88 days of detention (compensation amounting to approximately NIS 30,000), and the State is presumed to take this recommendation into consideration and act accordingly.

The damage in the tort claim here

  1. From the tort claim filed by the respondent, the ground therefore remains the cause of threats and violence that were used against him during his arrest and interrogations, violence that the respondent defined to the informant as "not serious", such as "slapping here, slapping there", etc.

This wrongful conduct has nothing to do with the heavy damages that the respondent claimed in his lawsuit, which were mainly related to the prolongation of his detention and the deprivation of his liberty, the abuse and humiliation of him by forcing him to masturbate in front of the interrogators – claims that we rejected above, for which the respondent was recognized as having a mental disability of 10% and was awarded substantial compensation by the trial court.

Therefore, I will recognize only the non-pecuniary damage caused to the respondent as a result of the threats and violence used against him during the interrogation – and I will emphasize that this is not compensation for unlawful deprivation of liberty – and I will set the amount of compensation in the framework of the respondent's tort claim at the sum of NIS 200,000 together with rent in the amount of NIS 45,000.

In view of the result that I have reached, in any event, the respondent's appeal should be dismissed in all its heads and parts (the same is true of the respondent's request of October 3, 2011 to amend the minutes of the hearing that took place before us, which I did not see to be granted).

And it's before the end...

112.

"Thou shalt give thee judgments and deeds in all thy gates, which the LORD thy God hath given thee, to thy tribes, and they shall judge the people justly; Thou shalt not pervert judgment, thou shalt not show face, and thou shalt not take bribes, for the bribe will blind the eyes of the sages, and distort the words of the righteous; You shall pursue righteousness, that you may live and inherit the land which Jehovah your God has given you" (Deuteronomy 16:18-20).

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