Israel issued its defense statement on behalf of an officer convicted of beating five demonstrators in a civil suit brought on by one of his victims, claiming that not only should the plaintiff not receive compensation but that the defendant suffered more than his victim.

A military court in December convicted Lt. Col. Shalom Eisner, in a plea bargain, of beating five Palestinians and foreign activists with both his rifle and fists during a demonstration in April 2012. Some of the demonstrators, including Naim Shakir, 36, of Al-Sawiya, needed medical treatment. Al-Shakir filed a suit in June seeking 16,000 shekels ($4,620) in medical costs, plus 60,000 shekels ($17,320) to cover his lost earnings.

Eisner – then a deputy brigade commander – hit Shakir in the back with the butt of his rifle, according to the military court verdict, during a confrontation between demonstrators protesting Israel's presence in the West Bank and soldiers. As a result, Shakir said in his suit, he needed physiotherapy. He also still suffers pain that affects his functioning and has impaired his ability to work in construction.

At his sentencing hearing last December, Eisner acknowledged he had “made mistakes” during the confrontation, but noted that the demonstrators had injured him as well: He suffered a broken hand.

The state denies Shakir's right to compensation. "The claimant's injuries, if they occurred at all, are exaggerated and not related at all to the actions of the defendant," the state asserts. If the plaintiff receives any financial compensation, the defense statement reads, "The defendants have the right to deduct for damages caused to them, including damages to Defendant 1 (Eisner) … including pain, suffering and emotional distress."

The state asserts that Shakir was an integral part of the rioters, "who violated law and order maliciously and intentionally in a violent way." The defense counter concludes that therefore Shakir should not only be held accountable for his own injuries but also for "much greater bodily damage" caused to Lt. Col. Eisner.

Shakir's attorney, Eitay Mack, accused the state of turning reality on its head in its defense statement by defining Eisner as the victim and "his victims as the attackers." He said the defense statement empties of all content Eisner's conviction in a military court, "and proves that the Israel Defense Forces and the Defense Ministry back Eisner's deeds, and are not interested in drawing lessons from the incident."

Eisner was convicted of exceeding his authority to an extent that would pose a danger to life and health, as well as unbecoming conduct. The court then also sentenced him to two months’ community service.

The state took an unusual step in defending an officer convicted of beating demonstrators in a civil suit. When policeman Salman Abu Asla was convicted of beating two demonstrators at an illegal settlement outpost in 2007, the state refused to represent him in a damages suit filed over the same incident. Similarly, it refused to defend a border policeman convicted of beating an ultra-Orthodox demonstrator in Beit Shemesh in another civil suit.