On the morning of 3 November 2002, a minor and a youth from the village of Budrus went to graze their families’ flocks close to their homes at the edge of the village. Shortly after, Israeli vehicles appeared in the area. The young shepherds fled, and the goats scattered in all directions. An official from the Ministry of Agriculture’s Flora and Fauna Inspection Unit, assisted by personnel from the Nature and Parks Authority and the Border Police, seized the shepherds and their flocks. Although no boundaries are marked in the area, they accused the shepherds of entering an area where grazing is prohibited. The shepherds were handcuffed and taken to Modi’in police station; only the older youth was questioned. They were later released, given a telephone number, and told that their fathers (the owners of the flocks) should contact the interrogator. The youths were not asked to give their parents any information regarding their legal rights. The inspectors captured the flocks and led them on foot into Israeli territory. They were held in a building and later taken to an abattoir in Israel.
The next day, 4 November 2002, the goats were slaughtered. On the same day the defendants came to the Jerusalem magistrate’s court and applied for an order to confiscate the proceeds from the sale of the meat. The court (which, prima facie, did not hold a due hearing on the matter), authorized the order “as requested.” Only on 5 November 2002, when nothing remained of the flocks, were their owners summonsed for interrogation under warning. Replying to the interrogator’s questions regarding the health of the flocks, they noted that all the goats had been inoculated by the Palestinian Authority, and identified by a slit on the ear, as is customary in the region. When the owners asked for their flocks to be returned, the interrogator replied that a veterinary surgeon would inspect the goats and, if they were found to be healthy, they would be returned. He gave this reply in full knowledge that all the goats had been slaughtered and their meat sold.
The defendants’ failings and manipulations are apparent throughout this incident. The documents they completed by hand testify to their improper actions, and are marred by negligence, deviation from authority, action without authority, and violation of the principles of natural justice and the rules of administrative law:
Some three weeks after the flocks were seized, notifications of fines in the sum of NIS 48,000 were sent to each of the owners. The owners appealed against the fine through HaMoked. The committee that discussed the appeal against the fine heard the plaintiffs’ complaints relating to the seizure and slaughter of the livestock for the first time and, unsurprisingly, nullified the fines.
On 3 May 2007, HaMoked filed a suit for damages on behalf of the flock owners against the State of Israel and three employees of the Ministry of Agriculture involved in seizing and destroying the livestock on account of these events. The defendants are asked to compensate the flock owners in the total sum of NIS 293,523 – NIS 193,523 on account of substantive damage, NIS 50,000 for mental anguish, and the same amount for the violation of obligations under administrative law. In view of the grave systemic failure and serious moral failing committed by the authorities of state, as claimed by the plaintiffs, they are further asking the court to impose punitive compensation on the defendants in such amount as the court shall see fit at its discretion.