An application by Shlomi Dan, injured in the March 1996 Dizengoff Center terrorist attack, for an ex parte provisional attachment order on NIS 5 million of Palestinian Authority funds has been rejected. The application was made pursuant to Dan's lawsuit against the Palestinian Authority following his injuries in the attack.
Dan claimed in his suit that reasonable grounds exist to fear that the defendant was perfectly aware of the identity of the planners of the terror attack, since all those associated with the planners of the attack were arrested by the defendant immediately after the attack and freed a short time later.
Dan alleges that the Palestinian Authority assumed an obligation to prevent hostile operations in the context of the Cairo Convention and the Oslo B Accords, but refrained from taking all steps necessary to prevent hostile operations by Gaza residents within its jurisdiction. .
The plaintiff stated his opinion that the fact that the political-legal relations between the Palestinian Authority and Israel are unstable and subject to the negotiating process give rise to the fear that future circumstances he may encounter difficulty in realizing of any judgement handed down in his favor.
Judge Sarah Brosh ruled that she was had not been convinced that in absence of an attachment, execution of judgement would be problematic.
Published by Israel's Business Arena on January 24, 2000