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http://www.haaretz.com/news/national/israel-to-pay-nis-1-2-million-to-palestinian-convict-killed-in-prison-riot-1.427874
  a.. Published 00:44 03.05.12 
  b.. Latest update 00:44 03.05.12
Israel to pay NIS 1.2 million to Palestinian convict killed in prison riot
Wife and young son of the prisoner killed by guards at Ketziot security prison 
to receive damages awarded by Tel Aviv District Court.
By Tomer Zarchin Tags: Islamic Jihad Tel Aviv 
      

The Prison Service has agreed to pay NIS 1.2 million to the family of an 
Islamic Jihad member shot fatally by guards during a riot touched off by a 
controversial 2007 search at Ketziot security prison. 
However, the State Prosecution's Office closed the case against the guards 
involved in the search, which ended with a dead prisoner, 15 injured prisoners, 
15 injured guards and a burned section of the jail. 

        Ketziot Prison
     
      Photo by: Alberto Denkberg  

The Tel Aviv District Court recently authorized a compensation agreement 
between the Prison Service and the wife and young son of the prisoner killed, 
Mohammed Ashkar, 30, of the village of Tzaida. The agreement has not been 
officially published, however, and it does not include the state accepting 
responsibility for the events that led to Ashkar's death. 

On October 22, 2007 the Prison Service carried out an operation meant partly to 
boost the morale of the elite guard unit Masada. The operation included a 
surprise search of prisoners in Ketziot's Section 12B. 

The operation's four goals, listed in the Prison Service's investigation and 
reported in Haaretz in 2009, were to carry out a surprise search with the 
intention of "creating deterrence," to "increase morale and motivation" among 
prison guards, to sharpen the guards' skills and to seize objects that could be 
used to breach prison security. 

In his briefing before the search, Ketziot Prison Commander Shlomi Cohen said 
told the guards: "If we manage to surprise the prisoners, all the better. If 
any of this leaks out [beforehand], there will be a lot of noise." 

Four minutes after the operation began as planned at 2 A.M., riots broke out, 
spreading from section 12B throughout the compound. Prisoners reacted 
violently, throwing things and setting the cell section on fire, the report 
said. 

At 2:12 A.M., Cohen ordered the Masada unit into the section, where the 
prisoners live in tents. The team commander said he encountered "a large number 
of prisoners" who threw things at him. "The team commander opened fire 
according to the rules of engagement, at prisoners' legs. A prisoner who 
entered the line of fire was shot in the head," the report says of Ashkar's 
death. 

The report also said a Masada officer recommended raiding other wings of the 
prison in the near future "to make the Prison Service's policy clear to the 
prisoners." 

Ashkar had been jailed nearly two years before the incident for membership in 
Islamic Jihad. The authorities first told the family that Ashkar had been shot 
while trying to escape, his father, Seti Ashkar, told Haaretz. Afterward they 
said he had accidentally been shot during the riot. 

The family said Ashkar was shot due to a series of severe failures and 
negligence on the prison guards' part, including the unnecessary and 
unjustified use of firearms, contrary to orders. 

The Masada unit has built an international reputation for riot control since it 
was organized in 2003 to replace army and police units in quelling prison 
disturbances. It has developed a variety of controversial, so-called "no-kill" 
weapons such salt bullets that burn the skin and cloth bags with metal balls, 
intended to injure rioters but not kill them. 

About two months ago a legal battle waged by the Ashkar family to investigate 
the circumstances of the prisoner's death ended after the family obtained most 
of the video footage of the incident. 

The State Prosecutor's Office told Haaretz it decided to close the case after a 
"thorough study of the investigation material and testimonies of Prison Service 
officers in court. ... The guards acted under real, tangible threats of 
physical injury and despite this, used the means at their disposal with 
restraint." 

In recent years the Prison Service has paid millions of shekels in compensation 
agreements with prisoners' families. Last year it paid almost NIS 2 million to 
the estate of prisoner Yoni Alzam, who died in mysterious circumstances in his 
cell about six years ago, hours before he was due to testify in another 
prisoner's trial. 


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