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  • SHOAH CLASS ACTION SUIT

    SHOAH CLASS ACTION SUIT

    http://www.spiegel.de/international/germany/ 0,1518,494312,00.html
    July 13, 2007


    Children of Holocaust Survivors to Sue Germany

    A class action suit is to be filed in Israel against the German
    government on behalf of the children of Holocaust survivors who are in
    urgent need of psychological treatment.

    Over 1 million Jews were killed at the Auschwitz-Birkenau death camp
    during the Holocaust. Now children of Holocaust survivors are filing a
    class action suit against the German government.
    A class action suit is to be filed in Israel against the German
    government on behalf of the children of Holocaust survivors.

    The lawsuit, which will be filed in Tel Aviv on Sunday, will demand
    that the German government pay for the psychological treatment of
    children of Holocaust survivors living in Israel (more...).

    The suit is being filed by the Fisher Fund, an Israeli charity that
    helps Holocaust survivors, and will represent tens of thousands of
    Holocaust victims' children. The fund expects the number registered for
    the class action suit to soon reach 30,000 people, due to enormous
    media interest in Israel.

    The suit is intended to benefit an estimated 15,000 children of
    survivors in Israel who are in need of psychological treatment as a
    result of being raised in dysfunctional homes. They suffer from
    depression, anxiety and other psychological disorders.

    However there is little money available to pay for treatment -- neither
    from the Israeli government nor from other sources like the Conference
    on Jewish Material Claims Against Germany, which only supports direct
    survivors of the Holocaust and victims' heirs.

    The class action suit is being filed after informal negotiations with
    the German government over a solution to the problem broke down. "We
    tried to negotiate out of court," Baruch Mazor, general director of the
    Fisher Fund, told SPIEGEL ONLINE Friday. "We had a very good contact in
    the German government, whom we met once. But he was instructed very
    strongly by the government in May not to talk to us any more, and he
    refused to take our calls. So we had no choice but to go to court."

    He said there was "huge pressure" from the children of survivors,
    hundreds of whom came to a meeting the Fisher Fund recently held in Tel
    Aviv, to go to court after the negotiations broke down.

    The Fisher Fund stresses that all they want is a solution to an
    "objective problem" and that the money will only be used to pay for
    treatment and an accompanying cultural project where interviews with
    children of survivors would be filmed. The money would not be given as
    compensation to survivors' children.

    The suit contains case studies detailing the condition of five children
    of survivors, who volunteered their medical records and who are
    suffering from various levels of post-traumatic stress disorder (PTSD).
    The suit also includes a professional opinion by a top Israeli
    psychiatrist who confirms that clinical research shows a high frequency
    of emotional disorders among the children of survivors and identifies
    them as suffering from PTSD.

    It is not clear what chance the suit has of success. The German Finance
    Ministry told SPIEGEL ONLINE in a statement given in April that a class
    action suit is "unlikely to succeed."

    If the case does not succeed in Israel, Mazor says the Fisher Fund may
    file another suit in a German or international court. They are already
    collecting money to do so, he said. "But if the Tel Aviv court
    recognizes that the second generation are also victims, then that is
    already a significant step," he said.

    Mazor spoke of "a huge and very positive reaction" to the Fisher Fund's
    campaign in Israel, where the case was featured in several leading
    Israeli newspapers Friday as well as on a leading radio station. "It's
    not just a lawsuit, it's the beginning of a movement," he said.
    "Germany will somehow have to react to the problem. It will have to
    adopt not only a legal position but also a moral position."

    "People in Israel feel we are doing something moral and important," he
    said. "They say we are doing holy work."

    dgs
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