Israel won’t recognize Berlin casualties as terror victims

Rami Elyakim was badly injured in 2016 Christmas market terror attack that killed his wife Dalia, but is not eligible for compensation

Jacob Magid is The Times of Israel's US bureau chief

Israelis Dalia and Rami Elyakim, who were caught up in the attack at a Christmas market in Berlin on December 19, 2016. Rami was wounded and Dalia was killed in the attack (Image from Facebook)
Israelis Dalia and Rami Elyakim, who were caught up in the attack at a Christmas market in Berlin on December 19, 2016. Rami was wounded and Dalia was killed in the attack (Image from Facebook)

An Israeli who was injured and whose wife was killed in a December 2016 terror attack at a Berlin Christmas market on Sunday criticized the government for failing to recognize the couple as victims of terrorism.

In an interview with Army Radio, Rami Elyakim, who was badly injured in the car-ramming attack, said the Israeli government has refused to declare him and his wife as victims of terror because the attack took place outside of the country’s borders.

“This is the only country that refers to this incident as a car crash and not a terror attack,” Elyakim said.

He added that a car accident is something accidental. “Here a man came intentionally to kill. Had he come with a gun and shot at us, it would have been the same thing.”

Authorities inspect a truck that sped into a Christmas market in Berlin, on December 19, 2016. (AFP Photo/Odd Andersen)
Authorities inspect a truck that sped into a Christmas market in Berlin, on December 19, 2016. (AFP Photo/Odd Andersen)

On December 19, Elyakim and his late wife Dalia had been shopping at the market outside the Kaiser Wilhelm Memorial Church when a rejected Tunisian asylum seeker and alleged Islamic State jihadist, Anis Amri, plowed a truck into the amassed crowd, killing 12 and injuring 56 others.

It took authorities over two days to identify Dalia. She was laid to rest by hundreds of family and friends in Herzliya while her husband remained in a medically induced coma at a Berlin hospital. Elyakim regained consciousness 12 days after the attack and was eventually transferred to the Tel Hashomer Hospital’s rehabilitation unit where he continues to recover from his wounds.

Israeli victims who die or are injured in terror attacks either within Israel or abroad are considered “victims of hostilities” by the state, under a law drafted in 1970. Those injured receive special benefits from Israel’s tax authority and compensation from Israel’s social security, as do the families of those who are killed. But the terror attacks must specifically target Israelis for the victims to be eligible for the benefits.

“According to the information currently available to security services, the attack in Berlin attack was not directed against an Israeli target…Therefore, the law does not recognize Dalia Elyakim, of blessed memory, and Rami Elyakim as victims of hostilities,” said the Defense Ministry in an official statement.

In contrast to Israel, Elyakim said the German government immediately classified the incident as a terror attack and that official state representatives visited him frequently in the hospital to apologize.

Elyakim suffered injuries throughout his entire body, particularly to his left leg and shoulder. While doctors are satisfied with his recovery thus far, he has not yet been able to walk.

Lian Zaher Nasser of Tira, killed in a shooting attack at an Istanbul nightclub on January 1, 2017. (Courtesy)
Lian Zaher Nasser of Tira, killed in a shooting attack at an Istanbul nightclub on January 1, 2017. (Courtesy)

The Ministerial Committee for Legislation is set to debate Sunday an amendment proposed by Yossi Yonah (Zionist Union) and Moshe Gafni (United Torah Judaism) to broaden the definition of terror victims, making the relatives of those killed of terror attacks outside of Israel’s borders eligible for government compensation.

In addition to Dalia Elyakim, the amendment cites Lian Zaher Nasser, a 19-year-old resident of the Israeli-Arab town of Tira, who was killed along with 39 others when a gunman went on a rampage at the Reina nightclub in Istanbul where revelers were celebrating the New Year.

Most Popular
read more: