Report: Zygier was known suicide risk

Ben Zygier’s family is reportedly discussing financial compensation for his death with Israel’s Justice Ministry and Prime Minister’s Office, it emerged this week.

Zygier, an Australian immigrant to Israel who is believed to have worked for Mossad, committed suicide in December 2010.

In April, despite a judge’s conclusion that there was evidence “to charge elements in the prison service for causing the death”, the state decided that Israel’s prison service and its staff wouldn’t face charges for the death. Yet the door for civil action against the prison service by his family remained open.

Now, documents revealed by Haaretz on Tuesday give an insight into discussions between family and state attorneys, and indicate that a cash settlement may be made, apparently in a bid to avoid a civil suit.

The documents, as cited by Haaretz, quote Roy Blecher – one of the Zygier family’s lawyers – talking shortly after the death of “two levels of suspicion” on the part of the family. “One includes an intentional act by someone who wanted the death of the deceased” – and the family has concerns that a rash on his hand may have indicated that he was drugged before his death. A second “more complex” level of suspicion “is that the reason the deceased’s death wasn’t prevented was because of others’ negligence”.

The documents quote state lawyer Orly Ben-Ari calling the death of Zygier “a deliberate act that was planned by the deceased”. According to her, Zygier “had full understanding of what he was about to do” and the act would not have been prevented “without imposing difficult and excessive conditions that would have harmed his fundamental rights in a disproportionate manner”.

Ben-Ari has acknowledged that there was an “accumulation of failings” in the prison regarding supervision of Zygier. According to Haaretz, state attorneys have also admitted that suicidal thoughts were evident but ignored three times during Zygier’s detention. One was when he cut his hand citing boredom as the reason; another was when he was noted to be depressed by a medical officer; and a third was that his mother warned via a family lawyer that he could be a suicide risk.

Despite these admissions, state attorneys have said there isn’t basis for a claim of negligence. Yet family lawyer Boaz Ben Zur has disagreed, claiming: “All the flags were flying hours before the event, and the guards were explicitly told he might commit suicide. The Mossad and the prison service were aware of that.”

NATHAN JEFFAY

Ben Zygier committed suicide in December 2010.

comments