Tag: B’Tselem

Israeli human rights organizations to the EU: use Association Council meeting to stop settlements and open Gaza

B’Tselem

15 June 2009

On the occasion of the 9th EU-Israel Association Council on June 15 2009, three prominent Israeli human rights organizations call upon the EU to link the upgrade of EU-Israel relations to respect for human rights and the rule of law.

In their letter to the EU Foreign Ministers, the organizations emphasized that the shared values of democracy and the rule of law stand at the heart of the EU-Israel relationship. These values must be given tangible expression, both in the bilateral relationship as well as in diplomatic efforts to resolve the Israeli-Palestinian conflict. Specifically, both Israel and the EU must demonstrate concrete steps to promote and respect human rights and international humanitarian law.

The three organizations, therefore call upon the EU to use the Association Council meeting to explicitly link the upgrade process to Israeli demonstration of tangible improvements in human rights and international humanitarian law in the Occupied Territories, including:

  • An immediate halt to all construction in the settlements and any other permanent changes in occupied territory;
  • An immediate end to the closure of the Gaza Strip;
  • Cessation of house demolitions;
  • Initiation of a criminal investigation into every allegation of torture or ill-treatment of Palestinians in Israeli interrogations;
  • Impartial accountability mechanisms for human rights violations, including those committed during the most recent offensive in Gaza;
  • Full cooperation with the UN Fact-finding mission headed by Justice Richard Goldstone.

According to the organizations, the Association Council meeting is a crucial opportunity for the EU to play a key role in the promotion of a process that will offer peace, dignity and security to both Israelis and Palestinians.

Patricipating orgazniations: HaMoked, Center for the Defence of the Individual, Physicians for Human Rights-Israel and B’Tselem,: the Israeli Information Center for Human Rights in the Occupied Territories.

Settler documented firing in Hebron won’t be tried

Aviad Glickman | YNet News

8 June 2009

The Jerusalem District Prosecutor’s Office plans in the coming days to renege on an indictment filed against Ze’ev Braude, who was accused of firing at an Arab family during the evacuation of a disputed building in the West Bank city of Hebron in December 2008.

Ynet learned on Monday afternoon that the decision was made following the State’s refusal to disclose evidence defined as classified information during the trial.

Braude, who has been under house arrest in the past few months, was indicted for shooting and injuring two Palestinians during a clash with an Arab family living in Hebron. Part of the incident was documented in a video published later by several media outlets.

About three months ago Braude’s lawyer, Attorney Ariel Atari, appealed the Supreme Court, asking to receive classified information from the State Prosecutor’s Office. About a month and a half later, the State Prosecutor’s Office informed the court that it was unable to disclose the information or reveal any further details on its content, as this could endanger the State’s security.

The classified material was revealed in a Supreme Court discussion presided by Justice Elyakim Rubinstein. The judge ruled that “a proper procedure cannot be held where there is material which the defense cannot be given the opportunity to use for its own needs. Revealing the material for the sake of doing justice is preferable than the interest in not revealing it.”

According to Rubinstein, the secret information does not appear to damage the State’s stance, but may change the ruling on the matter under certain circumstances.

However, the State Prosecutor’s Office did not give up, threatening to renege on the charges filed against Braude should Rubinstein order it to reveal the material.

B’Tselem: Violent settler evading punishment

Following the threat, the judge announced that the State had decided that the price of revealing the material overpowered the public interest in holding the trial, and that therefore there was no longer a need to reveal the classified information.

The Justice Ministry said in response, “The court made its decision, and we are studying and examining it.”

Attorney Atari said that “canceling the indictment against Braude does real justice with the defendant. Braude acted out of self-defense, and the material in the State’s possession could have established his acquittal. Therefore we welcome the decision.”

Following the decision, the B’Tselem human rights organization demanded that the State Prosecutor’s Office go back on its decision.

“It’s intolerable that a violent settler would evade punishment and be allowed to continue risking lives, although his crime has been caught on tape. If the State refuses to reveal the investigation material, it must find alternative ways to judge Braude according to the letter of the law, but canceling the indictment is not a legitimate alternative.”

State Attorney’s Office to police: forbidden to fire tear-gas canisters directly at demonstrators

B’Tselem

4 May 2009

According to media reports, the State Attorney’s Office has ordered the Police to review its guidelines for dispersing demonstrators. The order comes in the wake of the death of Bassem Abu Rahma, a Palestinian who was demonstrating in Bi’lin, and of injuries suffered by a number of other demonstrators recently. B’Tselem welcomes the State Attorney’s Office’s directive, which follows requests by B’Tselem to stop firing tear-gas canisters directly at persons. The real test, however, is whether the directive is implemented in the field. B’Tselem calls on the State Attorney’s Office to investigate incidents of tear-gas canisters fired at people and to prosecute the police officers and soldiers who were responsible for the prolonged and flagrant breach of regulations, and the commanders who allowed the forbidden practice to continue.

In recent weeks, B’Tselem has warned law-enforcement authorities about the life-threatening danger inherent in directly firing tear-gas canisters, a practice that has already resulted in injury to dozens of persons, some seriously. In its April letter following Abu Rahma’s death, B’Tselem demanded that the army enforce its Open-Fire Regulations, investigate incidents in which soldiers have violated the regulations, and prosecute the delinquent soldiers.

On 3 May, B’Tselem received a response from the legal advisor of the Judea and Samaria Division, Col. Sharon Afek, stating that an explicit, comprehensive directive would soon be issued prohibiting the direct firing of tear-gas canisters at people. B’Tselem also called on the Judge Advocate General to ensure that military forces cease firing tear-gas canisters directly at people.

B’Tselem also provided law-enforcement officials with video documentation of soldiers and border policemen firing directly at demonstrators, evidence that the breach of the Open-Fire Regulations was not an isolated incident, but a widespread practice known to senior officers.

B’Tselem wrote to the Judge Advocate General, Brig. Gen. Avichai Mandelblit, demanding to order a Military Police investigation into the circumstances of the death of Abu Rahma, and to make it clear to security forces that it is absolutely forbidden to fire tear-gas canisters directly at a person. B’Tselem had sent a letter in similar spirit a month earlier, following the severe injury to the American Tristan Anderson, who was struck in the forehead by a tear-gas canister. B’Tselem did not receive a reply to its letter.

Attached to the letter was a selection of video clips filmed in the villages of Ni’lin, Bi’lin, and Jayyus. The clips showed repeated firing of tear-gas canisters directly at demonstrators, indicating that, for some time, and contrary to army claims, security forces in the West Bank have used this practice.

http://blip.tv/play/gukm97tThKtR

B’Tselem to Judge Advocate General – order security forces to stop firing tear-gas grenades directly at people

B’Tselem

22 April 2009

Last Friday, 17 April, during a demonstration in Bi’lin, in the Ramallah District, a soldier fired a tear-gas grenade from an increased distance at Bassem Ibrahim Abu Rahma, 30. The grenade left a hole in his chest, causing massive internal bleeding, which led to his death. Two video clips filmed at the site prove that Abu Rahma was standing on the eastern side of the fence, about thirty meters from the soldiers, when he was hit. The video clips also show that during the incident, he did not throw stones, did not damage the fence, and did not endanger soldiers in any way whatsoever.

http://blip.tv/play/gukm+6pshKtR
Footage of the shooting of Bassem Abu Rahmah

B’Tselem wrote to the Judge Advocate General (JAG), Brig. Gen. Avichai Mandelblit on 21 April 2009, demanding that he immediately order a Military Police investigation into the circumstances of Abu Rahma’s death, and that he make it clear to security forces that it is absolutely forbidden to fire tear-gas grenades directly at people. In a previous letter that B’Tselem sent to the JAG on this matter last month, following the severe injuries sustained by the American, Tristan Anderson, when he was struck in the forhead by a tear-gas grenade fired from an increased distance, no response has been received.

http://blip.tv/play/gukm97tThKtR
Video footage documenting the shooting of tear-gas canisters directly at people

In its letter of last week, B’Tselem attached video clips of demonstrations in Ni’lin, Bi’lin, and Jayyus filmed in recent months. The clips document repeated firing of tear-gas grenades directly at demonstrators, proving that, contrary to the army’s contentions, security forces in the West Bank have commonly practiced this unlawful act.

B’Tselem also noted that, at the location of the demonstrations in Bi’lin and Ni’lin, senior army and border patrol officers are always present. Whether they turn a blind eye to the extensive breach of the Open-Fire Regulations or give express orders to security forces to violate regulations, they bear responsibility for the lethal consequences of this forbidden practice. Furthermore, for some time, and at least since the extensive media coverage of the serious head injury to Tristan Anderson, on 13 March 2009, mentioned above, senior officers of the army and border police have known about direct firing of grenades at demonstrators. Since they were in a position to end this practice, they too bear responsibility for the lethal shooting.