Israeli Supreme Court set to determine fate of investigation into shooting of US human rights activist

FOR IMMEDIATE RELEASE


Victim of injustice

On August the 9th, 2006, the Supreme Court of Israel will hold a final hearing into the request for a criminal investigation into the shooting of International Solidarity Movement member Brian Avery on April the 5th, 2003. Avery, who was shot in the face by Israeli soldiers while working as a human rights observer in the city of Jenin, Palestine. He received severe injuries to his face and jaws and has since required continuous medical treatment.

The initial Israeli military field report declared that no Israeli personnel were responsible for Mr. Avery’s injuries, stating that its forces were not in the area at the time. The investigators did not, however, interview any of the several civilian witnesses who were present at the scene (who identified Israeli military personnel as responsible), and included several errors which would serve to cast doubt on their conclusions.

In June of 2004 Mr. Avery, along with Israeli attorney Michael Sfard, entered a petition for a full criminal investigation into the Supreme Court of Jerusalem. The petition, which requested that the Israeli military police division conduct a thorough and unbiased investigation into the circumstances surrounding the injuries to Mr. Avery, was eventually granted a hearing on February the 28th, 2005. The presiding judges declared that, in the face of reasonable doubt having been placed into the Israeli military’s initial findings, the case did in fact merit further review. The Israeli military was then ordered to review its previous findings, as well as to interview all civilian witnesses and to present a decision to the court within 90 days.

After numerous continuances the Israeli military finally declared to the court in November 2005 that it still felt the case did not merit any further investigation, whereby an appeal was immediately entered by Mr. Sfard and a final hearing set for August 9, 2006. The hearing represents the last opportunity for Mr. Avery to seek justice in the criminal law system within Israel.

FOR FURTHER INFORMATION:

Michael Sfard, Attorney (Tel Aviv):
Tel: +972-3-560 7345
Fax: +972-3-560 7346

ISM Media office:
+972-2-297 1824

For more photos please see the link below:
http://freckle.blogs.com/photos/brian/brian_small.html

Armed Settler Militia Harrass Farmers in Beit Ummar

by Ernesto

At 8:30am on Sunday, July 30th, six internationals accompanied Abu Ayyash and Yousef, both farmers, and Ahmed, a local organizer, from Beit Ummar, to spray their grapes with pesticides. Despite aggressive activity by settler militia and an Israeli military presence, the farmers successfully completed their tasks.

The Karme Tzur settlement has been constructed directly across the street from the farmer’s grape vines. The farmer’s plot of land is bordered on two sides by a paved road that carries settlers in and out through a gate with a guard post. The settler militia is extremely hostile to Palestinian farmers working their land, referring to them as “terrorists.”

When we arrived, one international who had accompanied these farmers before noticed that a dirt road had been created where grape vines once grew. There were pink ribbons on some of the vines that remained that might have signaled the path of the road. The bulldozer was parked a few meters away on the other side of the settler road. It was probably the one that bulldozed over a few dozen grape vines on this plot alone and countless numbers on farmlands around the settlement.

As the farmers sprayed their vineyard, four settlement guards arrived and one attempted to enter the land by force but was called back by his comrades, when he couldn’t manage to get past internationals who demanded to know why he was entering land that didn’t belong to him.

Another settlement guard began to become verbally abusive and taunt the farmers and internationals by making fun of the greeting “salaam”, and plainly stating “You are my enemy! If you come here with Palestinians and have no military permission you are my enemy.” He also attempted to enter the land proclaiming, “This is my land!”

The military also attempted to remove the farmers from the land saying that the Palestinians need to get permission from the military to be on land so close to a settlement. However, we were able to stall the military and the settler militia long enough for Abu Ayash and Yousef to finish their work for the day. Unfortunately, Abu Ayash is afraid that the next time he is due to spray his grapevines, there will be none left, either as retribution for his summoud (steadfastness) or to pave a wider road.

We will provide Abu Ayash with photos of the land for his legal battle to protect his rights and property.

Israeli Special Forces Excecute Two in Nablus


AP photo: Ewijan after he was taken to the morgue

by Michael

Last night, in the Ash Sheikh Musallem district of Nablus’s Old city, undercover agents of the Israeli Occupation Forces (IOF) carried out two extra-judicial assassinations.

According to eyewitness accounts, the IOF undercover soldiers entered the area in civilian clothing, in a civilian car, and shot Hani Ewijan, 29 and Ameid al Masri, 26. According to the Palestinian Center for Human Rights (PCHR) press release, Ewijan was a member of the Al-Quds brigades (a militant wing of Islamic Jihad), and al Masri was a civilian not involved in any political activity. During the assassination, al Masri was killed and Ewijan was seriously wounded, and transported to a hospital where he died from injuries sustained. The two men were unarmed shot while playing soccer with their friends and realatives.

In respose to these attacks, there is an almost total strike in Nablus’s Old City, and there were at least two non-violent protests. One involved school boys who marched from the Old City, down the main street towards Balata Camp before turning around and marching back up, past the demolished Muqtada. The other involved mostly adults, and numbered almost 2,000 people.

These attacks are a continuation of Israel’s policy of extra-judicial “targeted assassinations.” Those who are killed are denied the ability to see the evidence against them, or to defend themselves in a court of law. Israel is obliged under article 3 of the First Geneva Convention to the provision prohibiting “passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.” The PCHR reports that “the failure of the international community and the High Contracting Parties of the Fourth Geneva Convention to take effective steps to stop Israeli war crimes has served to encourage Israel to commit more war crimes against Palestinian civilians.”

Israeli Military Harrassment of Human Rights Workers in Hebron Continues

On July 28th, a human rights worker (HRW) was sitting by checkpoint 56 (which is the main entrance to Tel Rumeida, Hebron from the Palestinian controlled H1 area) from about 12 noon til 3:00 in order to monitor the behavior of the soldiers. During this time she was also drawing the surrounding buildings in her sketchbook. The two soldiers on duty who were friendly, asked to see what she was drawing and she showed them. The soldiers behaved well towards the Palestinians coming and going through the checkpoint and complied when the HRW requested they keep their dogs away from the Palestinians. They made an effort to control the dogs and the HRW thanked them for this.

At about 3pm the “nice” soldiers left and were replaced by two new ones. At about 3:30pm, approximately six other soldiers and a police jeep showed up. One soldier asked the HRW what she was doing. She showed him the drawing she had been doing and he asked to see the whole sketchbook. She denied his request. The police officer asked her if she was causing problems or taking notes about the soldiers at the checkpoint. She said no she was only sketching the buildings. At this point there were about six soldiers standing around her, accusing her of causing problems for the soldiers on duty at the checkpoint and demanding that she show them her sketchbook. She refused again and tried to leave the area. The soldiers physically blocked her path but she pushed passed them.

She headed back to the her apartment and was intercepted by a soldier at the top of the hill by the apartment. He told her she needed to stop. She refused, telling him she urgently had to go to the bathroom. He told her she must leave her backpack with him if she wanted to go to the bathroom. She refused and he attempted to grab her backpack and physically prevent her from going into the apartment. She held onto the backpack, pushed passed him and entered the apartment.

IOF Death Threats, Harrasment & Interrogation – Life in Balata as “Normal”

by Micheal and Lina

Last night, July 28th, at approximately 3:00 am, Saeed Haettalla, 53, from Balata refugee camp, was arrested and interrogated for the second time in two day, aparently without reason.

In the middle of the night, Saeed was awoken by over 30 soldiers of the Israeli Occupation Force (IOF), backed by six armored jeeps and one armored bulldozer. These forces arrived at his home in Balata camp, and the soldiers entered his home in search of Saeed’s son, Hathyem.

Saeed and his son run the small internet café inside Balata camp, which is why the IOF keeps harassing them. Hathyem is not suspected of doing anything illegal, but according to the arresting officers, someone has used one of the computers in his café for “illegal activity” related to the Israeli onslaught in Lebanon. After the IOF searched Saaed’s home on the 28th, they forced him to open the cafe at approximately 4:00am. He was coerced to agree to the search. The soldiers entered the café, searched the premises, and photographed the interior. After finishing in the café, the soldiers told Saeed that he had to be transported to Huwarra camp for further questioning. Once again Saeed agreed, as he had no choice. He was transported to the camp to face interrogation from an IOF “commander,” and spent an additional nine hours in questioning.

This is the second time in two days that Saeed was interrogated about his son’s whereabouts. The day prior, a similarly sized force of soldiers entered his home in the middle of the night, searched the premises, and interrogated Saeed. The IOF informed Saeed that if he did not surrender his son by 12:00 on Sunday (tomorrow), that his son would be assassinated or Saeed would be arrested once again. Saaed’s two other sons, Hani and Ahmed, are already serving jail sentences in Israeli prisons. Hathyem is now planning on giving himself up to be interrogated at Huwarra, although the entire family is of course worried that they will lose yet another son.

This type of harassment is regular inside Balata Camp. Nightly, soldiers enter the camp, harassing and arresting residents and occasionally carrying out assassinations.