Doğan v. Barak (Amicus)

At a Glance

Date Filed: 

May 26, 2017

Current Status 

CCR submitted an amicus brief to the 9th Circuit Court of Appeals on May 26, 2017.

Client(s) 

The parents of 18-year-old Furkan Doğan, who was killed by Israeli forces while traveling on a flotilla to Gaza to deliver humanitarian aid

Case Description 

CCR submitted an amicus brief in this case on behalf of the parents of Furkan Doğan, who was killed in the 2010 attack on the Gaza Freedom Flotilla. The flotilla, which carried more than 700 civilians from almost 40 countries, was attempting to bring humanitarian aid and rebuilding supplies to the Gaza Strip as well as to break the Israeli blockade of Gaza when the Israeli military boarded in international waters and killed nine passengers. Doğan was shot several times as he was filming the 4:00 a.m. raid and then shot in the face at point-blank range as he lay wounded. In response to this case, the government of Israel has sought immunity from the U.S. for its role; the U.S. complied by filing a Suggestion of Immunity in the case. CCR's amicus brief argues that the former Israeli official defendant is not entitled to immunity for the killing of Doğan. Over the years, Israel has killed or gravely injured numerous U.S. human rights defenders, including Rachel Corrie, a 23-year-old who was crushed by a Caterpillar bulldozer as she stood in front of a home in Gaza to protect it from demolition while the family was inside.

CCR has litigated a Freedom of Information Act case seeking documents from eight U.S. departments and agencies related to the U.S.'s knowledge of the 2010 flotilla attack and any actions it took in response. These cases form part of CCR's larger work challenging Israeli human rights violations and U.S. complicity, including a case against Caterpillar on behalf of the parents of Rachel Corrie as well as four Palestinian families whose loved ones were killed or injured when their homes were demolished on top of them. That case was dismissed based on the U.S. Government’s intervention that the case would interfere with U.S. foreign policy because the U.S. paid for the bulldozers at issue. Immunity was also invoked and granted in two CCR cases brought against former Israeli officials, Avi Dichter and Moshe Ya’alon.

Case Timeline

July 26, 2017
U.S. submits amicus brief
July 26, 2017
U.S. submits amicus brief
May 26, 2017
CCR submits amicus brief in support of Doğan family
May 26, 2017
CCR submits amicus brief in support of Doğan family

CCR and the Rachel Corrie Foundation for Peace and Justice file an amicus brief in support of the Doğan family, urging the court to deny Ehud Barak immunity from the claims of torture and extra-judicial killing, as to grant it would conflict with international law.

May 19, 2017
Doğan family appeals dismissal
May 19, 2017
Doğan family appeals dismissal
Barak submits his brief on July 19, 2017.
October 13, 2016
District court grants motion to dismiss case
October 13, 2016
District court grants motion to dismiss case
May 17, 2016
U.S. submits Statement of Interest followed by Suggestion of Immunity
May 17, 2016
U.S. submits Statement of Interest followed by Suggestion of Immunity
The U.S. Government files its Suggestion of Immunity on June 10, 2016, and plaintiffs and defendant file supplemental briefs on July 11, 2016.
January 20, 2016
Barak files motion to dismiss
January 20, 2016
Barak files motion to dismiss
The Doğan family files their opposition on March 21, 2016, and Barak files a reply on April 18, 2016.
October 16, 2015
Doğan's family files complaint against former Israeli defense minister Ehud Barak
October 16, 2015
Doğan's family files complaint against former Israeli defense minister Ehud Barak
June 30, 2010
CCR files FOIA requests seeking documents related to U.S. knowledge of attack and actions in response
June 30, 2010
CCR files FOIA requests seeking documents related to U.S. knowledge of attack and actions in response
May 31, 2010
Furkan Doğan is killed in Gaza flotilla attack
May 31, 2010
Furkan Doğan is killed in Gaza flotilla attack