FOR IMMEDIATE RELEASE
APRIL 15, 2006
LAWSUIT FILED AGAIST SYRIA ON BEHALF OF LONG-IMPRISONED U.S. CITIZEN
Family and childhood friend sue Damascus leadership for the unlawful holding of Brooklyn-born MIA
WASHINGTON - The family of a Brooklyn-born man who went missing in battle almost 24 years ago has filed a lawsuit against top members of the Syrian government for imprisoning their son and keeping him incommunicado for nearly a quarter of a century.
Zachary Baumel was captured on June 11, 1982 while serving in the Israeli army during the Battle of Sultan Yakoub. According to eyewitness accounts, he was taken prisoner with two other Israeli soldiers - the three later become known the Israeli MIAs -- and paraded through the streets of Damascus on top of their disabled tank. Photographic evidence showed that tank later being transported to Damascus on a flat bed truck.
To the best of anyone's knowledge, Zachary has been held by Syria ever since.
"Over the years, a wealth of information has accrued that the Syrian Government is directly responsible in this case," said Yona Baumel, ZackÕs father. ÒOur aim is not to obtain a financial judgment, but to get access to the MIAs. By hitting the Syrians were it hurts, in their pocketbooks, we hope to obtain positive results where all other methods have failed.
The government of Syria has repeatedly refused to cooperate with a wide array of intermediaries for the United States and international intermediaries trying to ascertain his whereabouts and his condition.
In addition to naming Syria, the lawsuit also names the current President of Syria Bashaar Assad, the foreign minister Farouq al-Shaara, former Syrian defense minister Moustapha Tlaas as well as other unknown participants in the continued imprisonment of Zachary.
ÒThe message that we are sending the Syrians is that this case will not fade away with time,Ó said Dr. Stuart Ditchek, ZackÕs friend when the two grew up together in Brooklyn. ÒWe will see an end to this illegal behavior through cooperation or by force. Civil litigation is only the beginning. Once Assad is out of office, we will resolve Zack's case and go after all the participants criminally as well in this 23-year cover-up.Ó Dr. Ditchek is prosecuting the lawsuit as Zachary BaumelÕs Ònext friendÓ in the United States.
The lawsuit has been filed in Washington, DC Federal District Court under a provision in the Foreign Sovereign Immunities Act which allows foreign states designated by the United States as state sponsors of terrorism to be sued in U.S. Courts for harm caused to United States citizens by the instrumentalities of those countries supporting terrorism. The lawsuit seeks a judgment against Syria, which would be collectable against its assets in the U.S. This is the first time that the Syrian government is being sued under this statute.
The provisions of the Foreign Sovereign Immunities Act have been used to successfully reach Iranian assets in terror cases. The attorneys for Zachary and the Baumels are Daniel J. Scher of Scher & Scher, P.C. in Great Neck, New York and Thomas J. Luz of Pearce & Luz in New York, New York.
CONTACT:
Stuart H. Ditchek, MD (646) 465-3880 / (718) 382-0012
info@zacharybaumel.org
Daniel J. Scher (516) 482-1777
For further information: www.zacharybaumel.org