Tag: B’Tselem

Early release of Tom Hurndall’s killer symptom of wider Israeli crimes

20 July 2010

Tom Hurndall shortly before he was shot and killed.
Tom Hurndall shortly before he was shot and killed.

FOR IMMEDIATE RELEASE

Correction appended

The International Solidarity Movement (ISM) condemns the early release from prison of the Israeli soldier that murdered photography student and ISM volunteer Tom Hurndall in Gaza in 2003. The Israeli press yesterday reported that Taysir Hayb will be released three years early from an already short eight-year sentence.

His murder was only a symptom of a much wider culture of impunity in the Israeli army. This early release serves to reinforce the notion that the Israeli army can continue to commit war crimes against Palestinians without fear of serious consequences.

Tom’s mother Jocelyn Hurndall told ISM London that: “this reduced sentence comes at a time when the world is becoming more sceptical about Israel’s investigations into its own actions. It’s a reminder of Israel’s disregard for international law and opinion.”

When Hayb was sentenced in 2005, human rights activist, Raphael Cohen, who was with Tom on the day of the shooting said, “On the very street where Tom was shot, two children had been shot just days before. This is why he and the rest of the group went to that spot, to protest against the shooting of children as they played outside their homes. There has never been any investigation into the shootings of those children.”

To this day, there has still been no investigation of these deaths or of the thousands of other Palestinian civilians killed by Israeli soldiers. Only last month in Jerusalem Ziad Joulani, 41, a Palestinian shopkeeper and father of three with no criminal record or history of political activism, was killed when Israeli police opened fire as he got out of his car. [1] His killing is not being investigated.

Tom’s family had to fight hard to achieve even the eight-year manslaughter conviction that they won in 2005, against a system of Israeli obfuscation and lies, and an indifferent British government. In a statement yesterday the Foreign Office merely said: “We note the court’s decision to release Taysir Hayb and recognise the grief this decision will cause to the Hurndall family,” describing the deliberate act of murder as “a tragedy”.

Tom’s father Anthony hit back in the Guardian today, condemning this as a “weak response” by the British government, and demanding to meet with ministers. He said: “I would like them to say that this is not just a tragedy but that the Israeli government is directly responsibile for Tom’s death and should acknowledge this and take steps to put matters right by changing policies to ensure that civilians are not shot or killed indiscriminately.”

Israel did not even bother to inform the Hurndall family in advance of the news reaching the Israeli press, and Tom’s sister Sophie only learnt the news when ISM London contacted her yesterday.

Hayb shot Tom in the forehead with a high velocity bullet using a rifle with a telescopic sight, while he attempted to rescue Palestinian children in Gaza from Israeli gunfire. According to an Observer report from the 2005 trial, Hayb was “an award-winning marksman”. [2] Tom never regained consciousness, dying nine months later in a London hospital at the age of 22.

Jewish nurse and peace activist Alice Coy, who saw Tom shot, said Hayb was only part of “a culture of impunity in which generations of Israelis are taught that Arabs hate them and are subhuman. They are then given guns and they know they can get away with killing Palestinians. The occupation and aggression of Zionist policy is harming ordinary Israelis as well as Palestinians.”

Amnesty International says that: “The shocking truth is that Israeli soldiers kill civilians in Gaza with near-total impunity, week in week out” [3]

B’Tselem, the Israeli human rights organisation, report that “From the beginning of the [second] intifada, on 29 September 2000, to the end of 2008 (not including Operation Cast Lead in Gaza, which began on 27 December), [Israeli] security forces killed more than 2,200 Palestinians who were not taking part in the hostilities at the time they were killed. However, a Military Police investigation was opened in only 287 cases of suspected illegal shooting by security forces. This number includes investigations into cases in which civilians were wounded. Only 33 of these investigations resulted in the filing of indictments” [4]

Israeli human rights group Yesh Din clarifies that of these, Haib is the only soldier to have been convicted for an offence causing death: “From the beginning of the second intifada until the end of 2009, Courts-Martial convicted soldiers of offenses connected with the deaths of only four civilians: three Palestinians and one British national. One soldier was convicted of manslaughter, and he was the only one convicted of an offense of causing death. Four other soldiers were convicted of offenses of negligence.” [5]

For more information:
Alice Coy, UK: +44 7828 540512
ISM Media Office, Ramallah: +972 59 760 6276  or  +972 2 241 0604
ISM London: +44 7913 067 189

References
[1] “Family of Palestinian driver killed by police demands investigation”. LA Times online, 14th June 2010 http://latimesblogs.latimes.com/babylonbeyond/2010/06/israel-family-of-palestinian-driver-killed-by-police-demands-investigation.html

[2] “Parents fight to learn why Israeli sniper shot their son”. Observer, 30th January 2005 http://www.guardian.co.uk/world/2005/jan/30/israel

[3] “Hurndall case: Israeli military forces still kill civilians with ‘near-total impunity’” Amnesty International statement, 7th October 2008 http://www.amnesty.org.uk/news_details.asp?NewsID=17897

[4] “Military Police investigations during the al-Aqsa intifada” B’Tselem http://www.btselem.org/English/Accountability/Investigatin_of_Complaints.asp

REVISION, 21st July: The initial version of this press release erroneously stated that Ziad Joulani had been shot “last week”. In fact he was killed on the 14th of June, as stated in the text of our reference. This online version has been revised to read “last month”. The final paragraph with the Yesh Din figures on convictions was also added.

IDF to probe death of Palestinian protester at West Bank rally

Anshel Pfeffer | Ha’aretz

12 July 2010

The Military Advocate General on Monday ordered the army’s criminal investigations unit to investigate the death of a Palestinian protester who was killed by a tear gas canister at a demonstration in Bil’in in April 2009.

The Military Advocate General had refused to open a criminal investigation into the death of Bassem Abu-Rahma, but on Monday changed its mind after expert testimony showed that the tear gas canister was aimed directly at Abu-Rahma and was fired in violation of military orders.

The Military Advocate General notified Abu-Rahma’s family and human rights lawyer Michael Sfard, who had planned to petition the High Court of Justice over the case.

The Israel Defense Forces first said Abu-Rahma was in a group of Palestinians hurling rocks at troops. But video footage showed him shouting, not throwing rocks, when he was shot.

Video footage filmed during the April 2009 protest against the separation fence in the Palestinian village of Bil’in also showed IDF troops firing tear gas canisters directly at demonstrators while in the presence of commanding officers.

Abu-Rahma’s family welcomed the decision. “We are extremely happy that an investigation is finally being opened,” said Ahmed Abu-Rahma, the victim’s brother.

“This should have happened on the day [he was killed], and it is clear that the army opened the investigation because it was forced to, and that in the past year and a quarter it has tried to cover up the shooting of a non-violent protester that it had no reason to harm, let alone kill,” Ahmed Abu-Rahma continued.

The original decision not to investigate Abu-Rahma’s death ignored the video footage and relied on IDF solders’ testimony that the tear gas canister hit wire along the separation fence and then ricocheted, striking Abu-Rahma. However, experts said that had the soldier who fired the canister followed IDF instructions, it would have landed hundreds of meters past where Abu-Rahma was standing.

Rights groups B’Tselem and Yesh Din said they were satisfied by the decision to probe the events surrounding Abu Rahma’s death, but stressed that the delay in reaching the decision was unjustified.

“We hope the amount of time that has passed since the event won’t affect the effectiveness of the investigation, and that today’s decision by the Military Advocate General will bring justice to Abu-Rahma’s family and the village of Bil’in,” the groups said in a statement.

Sarit Michaeli of B’Tselem said the military informed the group on Monday of the decision. The military had no immediate comment.

Michaeli said there was no justification for the army taking 15 months to investigate the death, which she said was recorded on three video cameras.

Three Palestinian men executed by Israeli military during Nablus night invasion, several wounded

26 December 2009

The Israeli army invaded the Palestinian city of Nablus shortly after midnight, Saturday 26 December, raided three houses and executed three men. Several family members have been injured and houses, where families of the three killed men lived, have been left completely destroyed. The army used live ammunition against the men, at least two of whom were unarmed and fired rockets at the houses, while their residents were still inside.

The Israeli military claims the men were wanted for their involvement in the recent West Bank killing of an Israeli settler near Tulkarem, for which a group associated with the Al-Aqsa Martyrs Brigade claimed responsibility. The killings are, however, in flagrant breach of international law and represent assassinations without trial.

The human rights organization B’Tselem, who collected testimonies from family members of the three killed men, issued a statement condemning these killings. According to B’tselem, evidence gathered in the houses suggests that the Israeli military acted as if they were carrying out executions, rather than arrests. Eyewitnesses and relatives told the organization that at least two of the three men were unarmed and did not attempt to escape. This was confirmed by a senior IDF official, who told Israel Radio that the three men had not fired at the Israeli soldiers and that two of them were unarmed. B’Tselem also stated that, according to eyewitnesses, the soldiers did not try to stop or arrest the men, but simply shot them from a close range after discovering their identities.




First house the Israeli army invaded was the house of Gassan Abu Sharkh in the Old City of Nablus. Just after midnight, the military forced open the entrance door and ordered twenty members of Ghassan’s extended family to leave the house. Ghassan, who remained in the hallway, was shot several times from a short distance in his head. Ghassan’s family reported to ISM activists, who visited the scene in the morning, that the army fire was so intense that his head was split in half as result and the room was covered in blood and remains of his brain. Windows, doors, furniture were all destroyed by the soldiers. Ghassan (38), who worked as an electrician, left behind a wife, three sons and one daughter.

Second invaded house was also in the Old City and belonged to the family of Raed Sarakji. Israeli soldiers blew the door open with explosives at about 2.30am, entered the house and forced the entire family of twenty out of their home. They then opened fire on Raed as he was coming down the stairs. He was left to bleed to death in front of his family. His pregnant wife was shot in her foot. The military destroyed furniture in the house and broke many windows and doors.

The third house was raided at 3am, when the Israeli military in the force of approximately 180 soldiers (30 army jeeps) entered the Ras Al-Ain neighbourhood, close to the Old City, and occupied several houses surrounding the Subih family house. From the roofs of an adjacent house soldiers then fired several rockets at upper levels of the Subih house, leaving huge cavities in the walls and blowing a hole between the third and fourth levels of the house. The soldiers on the ground then blew open the door and entered the whole house, forcing the families one by one out into the street and firing live ammunition inside the house. The soldiers found and executed Anan Subih inside of the house, while members of his family were all detained outside. Anan was married and left behind five daughters and two sons. ISM activists reported bullet holes everywhere in the house, which was left ransacked and partially flooded after the army shot at the water tanks on its roof.

After the killings children gathered in the streets of Nablus throwing rocks at jeeps, to which the army responded by firing sound bombs and live ammunition. They left the city at 8am. Residents say Israeli spotter planes had been flying low over Nablus for the last two days, conducting reconnaissance missions.

Background

According to B’Tselem, during the second intifada, Israel formally adopted a policy of assassinating Palestinians suspected of membership in armed organizations. At least seventeen of the eighty-nine Palestinians killed by Israeli forces between 2004 and 2005, during arrest operations, were not wanted by Israel and were not suspected by Israel of having committed any offense. In addition, at least forty-three of those killed were unarmed, or were not attempting to use their arms against Israeli security forces at the time they were killed.

B’Tselem has documented cases in which Israeli soldiers besieged a house in which they claimed a wanted person was present, and then fired at another occupant of the house when he opened the door, without prior warning and without offering them a chance to surrender. In other cases, the security forces disarmed the wanted persons, but then shot and killed them. In all these cases, the security forces acted as if they were carrying out an assassination and not an arrest, in flagrant breach of international humanitarian law.

Based on the report’s findings, there is a grave suspicion that execution of Palestinians has become a norm among the Israeli forces. Since the beginning of the second intifada, only a few cases in which Palestinians were shot and killed by soldiers have been investigated and members of the security forces were not held accountable for their actions.

Army renews use of live ammunition against demonstrators

B’Tselem

26 November 2009

On Friday, 13 November, soldiers were documented firing 22-caliber bullets at demonstrators during the weekly demonstration against the Separation Barrier in Ni’lin. The shots were fired a few dozen meters from the targets, and lightly wounded two demonstrators. The IDF Spokesperson’s Office confirmed that 22-caliber bullets had indeed been fired.

The following Friday, 20 November, soldiers again fired live ammunition at the demonstrators, causing moderate injuries to one and lightly injuring another.

In 2001, the then judge advocate general, Major General Menachem Finkelstein, prohibited the use of 22-caliber bullets to disperse demonstrators. In early 2009, however, the army resumed its use against demonstrators in the West Bank. B’Tselem protested the action. In reply, Judge Advocate General Major General Avichai Mandelblit reiterated that the IDF does not classify the Ruger rifle, which fires 22-caliber bullets, and similar weapons, as means to disperse demonstrations or public disturbances, and that the rules governing their use in Judea and Samaria are stringent, comparable to the rules for opening fire and use of live ammunition.

Since then, the army has resumed use of 22-caliber bullets, killing at least two Palestinians in the West Bank, and wounding dozens, some of them severely. In February of this year, ‘Az a-Din al-Jamal, 14, who was throwing stones with other youths, was killed. In June, a border policeman shot ‘Aqel Srur, 35, in the chest at a demonstration in Ni’lin, killing him. Following that, the army ceased using the ammunition, until 13 November.

Real-time observations by B’Tselem and video footage filmed at two demonstrations indicate that the gunfire was completely contrary to army orders. There was no justification to use lethal weapons in these incidents. Persons from the village were indeed throwing stones at security forces on the other side of the fence, but from a few dozen meters away. The security forces found cover behind concrete blocks or inside shielded jeeps, so they were not in a life-threatening situation. The security forces had other means, which cause much lesser harm, that they could easily have used to distance demonstrators from the fence, among them tear gas and an odorous liquid sprayed at demonstrators from a tanker.

Following the firing of the 22-caliber ammunition at demonstrators on 13 November, B’Tselem wrote to the judge advocate general, demanding an investigation into the incident, and direction of commanders whose soldiers engage in dispersing demonstrations to again clarify to their troops the rules for using live ammunition during demonstrations. B’Tselem demands that the army immediately stop using 22-caliber ammunition in circumstances in which soldiers’ lives are not in danger, and that measures be taken against security forces who fired live ammunition in violation of regulations and caused the death and injury of civilians.

B’Tselem: Settlers harass Palestinians and steal crops during olive harvest in the West Bank

B’Tselem

20 October 2009

The video shows three events that took place during this year’s olive harvest in the West Bank .

In the first incident, documented on 15 October by a volunteer in B’Tselem’s camera distribution project, settlers are seen stealing olives from a grove belonging to a resident of al-Mughair village in Ramallah District, near which the Adey Ad illegal outpost has been established. The footage shows two settlers picking the olives and dragging filled sacks to a car. While filming the incident, the volunteer notified the authorities. Half an hour later, soldiers and personnel from the Israeli DCL arrived at the site and arrested the settlers. On 26 October, the investigation file was transferred to the legal division in the Judea and Samaria (SHAI) Police Department, which will decide, based on the evidence, whether to file an indictment.

The second incident also occurred in al-Mughair and was filmed by one of B’Tselem’s field researchers. Several days after the complaint was filed regarding the stolen olives, village residents discovered that several dozens of olive trees had been cut in their groves. Residents of other villages in the West Bank also reported olive trees that had been cut or uprooted.

In the third incident, which took place on 19 October in Sinjil, Ramallah District, one of B’Tselem’s field workers filmed settlers harassing olive pickers although soldiers were present. According to the Office for Coordination of Humanitarian Affairs (OCHA), residents of the village were also attacked by several dozens of settlers as they attempted to harvest olives. Army forces that were in the area removed the settlers and enabled the Palestinians to proceed with the harvest.

Information gathered so far about this year’s harvest indicates that the harvest has been relatively limited in scope, due to the meager crops, and that less harassment of Palestinians by settlers has been reported than in previous years. However, reports have been received of olive trees being cut or uprooted in several areas in the West Bank . In addition, during 2009, the conditions for receiving permits to cross through Separation Barrier have been made more stringent, increasing the difficulty faced by Palestinians who are separated from their land by the Barrier.