The 'Children of Yemen' affair: The Supreme Court today (Thursday) accepted the state's appeal and dismissed, due to the statute of limitations, a tort claim regarding the so-called "Children of Yemen" affair.
How did he earn a prestigious degree from his couch at home, and with scholarships? The secret inside Preventing the Danger: Why Everyone Must Vaccinate Children 12 and OlderHe referred them to receive compensation according to the government's decision on the matter.
The Supreme Court granted the request for leave to appeal and the appeal unanimously, and dismissed the claim on the grounds that it was time-barred. The court ruled that there was no continuing wrongdoing and that the claim could not be investigated after the passage of years.
The affair began with a lawsuit that was dismissed in the Magistrate's Court, and continued with the plaintiffs' appeal to the District Court, which overturned the decision and ruled that the lawsuit should be accepted.
Today, as mentioned, the Supreme Court ruled that the decision should be reversed again and the state's appeal accepted, according to which the lawsuit now constitutes a serious violation of the state's ability to defend itself against the claims against it.
According to the state, the lawsuit creates significant evidentiary damage, as due to the time that has passed, there is concern that the state does not have relevant information, documents, and statements that would allow it to properly defend itself.
It is also claimed that over 10 additional proceedings filed against the state are pending in various courts, which concern the 'Children of Yemen' affair. According to them, so far the various courts have given conflicting rulings on the issue of the statute of limitations in the affair.
The court accepted the state's argument that it does not have the documents that allow it to properly defend itself against the prosecution, because it is a case that occurred 70 years ago.
The judges wrote in the ruling: "The lawsuit was filed only in 2017, nearly 70 years after the events, and at least 16 years after the date of the last discovery, and therefore the lawsuit should be dismissed out of hand due to the statute of limitations...
""The Magistrate's Court rightly noted that the investigation of the matter has not been exhausted, but the appropriate way to investigate is not a legal proceeding. Indeed, from the perspective of the law, the claim should be dismissed as stated, but a legal obligation on one hand and a public-moral obligation on the other.".
""Therefore, the government acted well when it adopted its decision of February 22, 2021, regarding 'Financial arrangement for families of immigrants from Yemen, the Middle East and the Balkans whose children's issues were discussed within the framework of committees,' in which an outline was approved according to which the members of the families, determined in one of the three committees that dealt with the case of their child who died or whose fate was unknown, will be entitled to a financial payment 'in a one-time manner and within the law,' at the rates and conditions set forth in the decision.
""As stated in the state's announcement, the respondents' case falls within the category of those who, according to the outline, are entitled to receive compensation, and that to the extent that the respondents announce that they wish to join the aforementioned outline, it will be possible to act to examine their case without delay.".
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