Military investigator testifies that head of IDF Southern Command instructed bulldozer operator not to cooperate with investigation

Rachel Corrie Foundation

29 March 2010

Monday, March 22 and Wednesday March 24, 2010 the Haifa District Court saw the fifth and sixth days of testimony in the civil lawsuit filed by Rachel Corrie’s family against the State of Israel for her unlawful killing in Rafah, Gaza. Rachel Corrie, an American human rights defender from Olympia, Washington, was crushed to death on March 16, 2003 by a Caterpillar D9R bulldozer. She had been nonviolently demonstrating against Palestinian home demolitions with fellow members of the International Solidarity Movement (ISM), a Palestinian-led movement committed to resisting the Israeli occupation of Palestinian land using nonviolent, direct action methods and principles.

An Israeli military police investigator, who was part of the team that investigated Rachel’s killing, completed his testimony on March 22. In his testimony he stated that:

* One commander of the unit involved in the incident interrupted the testimony of the operator of the bulldozer that killed Rachel, telling him that the head of the Southern Command of the Israeli military ordered him to stop talking, not to sign anything and not to cooperate with the investigation. When asked if he considered this an intervention into the interrogation, the investigator testified that he did.
* The investigator stated not only that he did not visit the site of the killing, but also that the bulldozer involved in the killing was removed from the scene directly after the incident. He testified that the only tool he used in conducting the investigation was taking testimonies of eye-witnesses and soldiers.
* In his investigation, he did not refer to or read the Israeli military manuals that provided instructions and safety standards for operation of D9 bulldozers. He also failed to question the bulldozer driver about these regulations.
* Though the camera posted on the border was taping 24 hours a day, 7 days a week, the investigator testified that he did not see footage from the camera, nor did he ask to, stating that it was someone else’s responsibility.

Asher Asban, who conducts professional investigations involving safety regulations related to both commercial and military incidents, provided expert testimony for the Corries. He testified that:

* According to the military’s rules, it was forbidden to operate the D9 bulldozer if there were civilians within a 20 meter radius around it.
* The driver would have been able to see bright colors such as that of the jacket Rachel was wearing when she was killed.
* The Israeli military had the ability to purchase cameras from Caterpillar to mount on the bulldozers. Such cameras would provide 360 degrees visibility.

On Wednesday, March 24, Craig Corrie, Rachel’s father, was the final witness to testify. Rather than concentrating on the failure to uphold a court order regarding two conditions under which to perform an autopsy, the State instead focused its line of questioning on passages from emails that Rachel wrote and on the family’s correspondence with the US Embassy and State Department regarding the issue of the autopsy and investigation. Mr. Corrie was also questioned as to whether Rachel was given the status of “shaheedah” (martyr) by the Palestinian Authority, and whether there were any streets named after her in Gaza or Ramallah. He answered that on the March 16th anniversary of Rachel’s death, a street was named for her in Ramallah and that according to his understanding of the word “shaheed,” it is used to describe anyone killed as a result of the occupation.

This portion of the trial with witnesses for the plaintiffs, the Corrie family, ended on March 24. The State has been granted 30 days to submit a list of witnesses and their affidavits. Judge Oded Gershon stated that proceedings will continue in September at the earliest with the next trial date currently set for September 5, 2010.

Israeli Military Investigator Admits Failures in the Military Investigation of Rachel Corrie’s Killing

Rachel Corrie Foundation

17 March 2010

For Immediate Release:

Today March 17, 2010 the Haifa District Court saw a fourth day of testimony in the civil lawsuit filed by Rachel Corrie’s family against the State of Israel for her unlawful killing in Rafah, Gaza. Rachel Corrie, an American human rights defender from Olympia, Washington, was crushed to death on March 16, 2003 by a Caterpillar D9R bulldozer. She had been nonviolently demonstrating against Palestinian home demolitions with fellow members of the International Solidarity Movement (ISM), a Palestinian-led movement committed to resisting the Israeli occupation of Palestinian land using nonviolent, direct action methods and principles.

An Israeli military police investigator, who was part of the team that investigated Rachel’s killing testified today. In his testimony he stated that:
He never inspected the site where the killing occurred; nor did he ever sit inside the D9 bulldozer to see for himself the view the driver had and what the field of vision was.

He admitted that the Israeli military’s D9 bulldozer regulations state that the D9s should not be operated with civilians in close proximity. He failed to question the bulldozer driver about these regulations or make them part of the military police investigation file.

He received a court order authorizing Rachel’s autopsy under the condition that an official from the U.S. Embassy be present, and at the time informed the court that the condition would be upheld. Subsequently, he made no effort to ensure that this condition was upheld, nor does he know if anyone else did, stating he did not consider the follow-up his responsibility. He also failed to forward the final autopsy report to the court, even though this was required, stating that his commander did not require him to do so and that he simply “did not pay attention” to the court order. Dr. Hiss ultimately performed the autopsy without an American Embassy official present.

To his knowledge, no ISM member was arrested the afternoon of March 16 for interfering with Israeli military activities.

American eyewitness Gregory Schnabel, the fourth and last eye-witness called to testify, also testified today, providing his account of the killing of Ms. Corrie. Gregory testified that he saw Rachel climb to the top of the pile of dirt being pushed by the bulldozer and that she was visible to the driver. He also testified that a bulldozer had come close to himself and another ISM member that afternoon, stopping just short of hitting them, which led him to believe that the demonstrators were visible to the driver.

The trial will resume on Sunday, March 21, 2010, at 9 a.m. at the district court in Haifa.

Eye witness testifies: Israeli military investigator tried to influence my statement

Rachel Corrie Foundation

15 March 2010

For Immediate Release:

Today, March 15, 2010, the Haifa District Court saw the third day of testimony in the civil lawsuit filed by Rachel Corrie’s family against the State of Israel for her unlawful killing in Rafah, Gaza. Rachel was crushed to death on March 16, 2003 by a Caterpillar D9R bulldozer. She had been nonviolently demonstrating against Palestinian home demolitions with fellow members of the International Solidarity Movement (ISM), a Palestinian-led movement committed to resisting the Israeli occupation of Palestinian land using nonviolent, direct action methods and principles. Today’s only testimony came from British citizen Alice Coy, a nurse, who was an eyewitness to the killing. The state spent most of the day trying to establish that contrary to all eyewitness accounts and human rights reports, the Israeli Military had no intention of demolishing homes in the area on the day Rachel was killed.

Ms. Coy testified that:
– She first visited Israel in order visit Israeli family members.

– When the Israeli Military interviewed her on April 1st about Rachel’s killing, the soldier who documented her testimony refused to record her statement that she believed the bulldozers were going to destroy civilian homes.

– She believed the Israeli Military was planning to demolish homes on the day Rachel was killed because the Israeli Military had been demolishing homes on the Philadelphi Corridor in the days and weeks prior, and because they had already begun to demolish a house earlier that day by damaging its porch.

– She had spoken with many Palestinian families in the area where Rachel was killed whose homes had been demolished by the Israeli Military.

– She believed the bulldozer driver who killed Rachel could see her.

– She described her view of her work with ISM as promoting peace for the whole region.

———————-

The home Rachel Corrie was protecting, that of Dr. Samir Nasrallah, was in fact demolished by the Israeli Military later that year.

According to an October, 2004 Human Rights Watch report, Razing Rafah: Mass Home Demolitions in the Gaza Strip (http://www.hrw.org/en/node/11963/section/11), between 2000 and 2004, the Israeli Military demolished over 2,500 Palestinian houses in Gaza, nearly two thirds of which were located in Rafah, resulting in more than 16,000 people – over 10% of Rafah’s population – losing their homes. The Israeli human rights organization B’Tselem, in its 2004 report Through No Fault of their Own, found that contrary to Israel’s claim that prior warning is given before a home is demolished, occupants were given prior notification in a mere 3% of the cases.

The Human Rights’ Watch report further documented that most of the destruction in Rafah occurred along the Israeli-controlled border between the Gaza Strip and Egypt known as the Philadelphi Corridor, the area where Rachel was killed. During regular nighttime raids and with little or no warning, Israeli forces used armored Caterpillar D9 bulldozers to raze blocks of homes, incrementally expanding a “buffer zone” that is currently up to three hundred meters wide.The pattern of destruction strongly suggests that Israeli forces demolished homes wholesale, regardless of whether they posed a specific threat, in stark violation of international law.

The trial will resume on Wednesday, March 17, 2010, at 9 a.m. at the district court in Haifa.

Autopsy doctor admits to violating court order in Rachel Corrie autopsy

Rachel Corrie Foundation

14 March 2010

For Immediate Release:

Today 14 March 2010 the Haifa District Court saw the second full day of testimony in the civil lawsuit filed by Rachel Corrie’s family against the State of Israel for her unlawful killing in Rafah, Gaza. Rachel Corrie, an American human rights defender from Olympia, Washington, was crushed to death on March 16, 2003 by a Caterpillar D9R bulldozer. She had been nonviolently demonstrating against Palestinian home demolitions with fellow members of the International Solidarity Movement (ISM), a Palestinian-led movement committed to resisting the Israeli occupation of Palestinian land using nonviolent, direct action methods and principles.

In today’s hearing:

– Dr. Yehuda Hiss, the former head of the Israel Forensic Institute who conducted the autopsy of Rachel Corrie at the request of the Israeli military, admitted that he violated an Israeli court order requiring that an official from the U.S. Embassy be present during Rachel’s autopsy. Hiss also stated that his policy was not to allow entrance to the autopsy to anyone who is not a physician or biologist. Dr. Hiss stated that he spoke by phone with the US Embassy after receiving the court order and was told they would not be sending a representative, and that the Corrie family had agreed to the autopsy. Dr. Hiss admitted there was no documentation in his file of this conversation with the Embassy. The U.S. Embassy has repeatedly told the family that this was not the conversation that occurred.

– Dr. Hiss also disclosed that he had kept samples from Rachel’s body for histological testing without informing her family. Dr. Hiss admitted that he did not inform the family about their right to bury the samples and that the samples were likely to have been buried with other body samples from the Institute, but he was uncertain. This was the first time that the family of Rachel Corrie received confirmation that the Israeli Forensic Institute had indeed kept samples of her body, despite prior attempts to receive this information. Dr. Hiss has been the subject of a prior lawsuit in Israel brought by families for whom he did not return body parts and samples.

– The judge granted the Corries’ request to expand their punitive damages request, to include the failure to ensure that a U.S. Embassy official was present during the autopsy. In response to the State’s demand, the judge requested that the Corries specify the amount of claimed punitive damages. The Corries set the punitive damages at the symbolic amount of $1, stating that the court’s pronouncement of accountability and preventing future harm to others was more important to them than money.

– The judge granted the Corries’ motion to allow into evidence the medical report of Dr. Ahmed Abu Nikera the Palestinian physician who pronounced Rachel’s death in Rafah, Gaza. The State agreed to the admission of this report only after the judge granted the Corries’ earlier motion to allow Abu Nikera to testify via video conference from Gaza. In Professor Hiss’s testimony, he stated that Abu Nikera’s medical report was consistent with his findings, including the statement that Rachel had arrived dead at the hospital.

Today’s hearing also included the conclusion of Tom Dale’s testimony, a fellow ISM activist and eyewitness to Rachel’s killing.

Today’s hearing was attended by several observers, including Andrew Parker, the U.S. Embassy Consul General and human rights representatives, including Lawyers without Borders, and the Association for Civil Rights in Israel (ACRI).

Testimony will continue on March 15 from 9am-1pm, and on March 17 from 9am-4pm.

[Download this press release: http://rachelcorriefoundation.org/download/14]

In the Media

Associated Press, ‘Trial begins over death of US activist in Gaza’
CNN,
‘Parents demand answers from Israel in bulldozer death’
Democracy Now,
‘Civil Trial Begins over Israeli Army Killing of Rachel Corrie’
Guardian,
‘British activist saw Rachel Corrie die under Israeli bulldozer, court hears’
Ha’aretz,
‘State accused of whitewash as Rachel Corrie suit begins’
Ha’aretz,
‘State: IDF not to blame for activist Rachel Corrie’s death’
Ha’aretz, ‘Corrie’s sister to Haaretz: U.S. encouraged family to sue Israel’
Huffington Post,
‘Rachel Corrie’s (Posthumous) Day in Court’
Independent,
‘I saw Israeli bulldozer kill Rachel Corrie’
Ma’an News,
‘Israeli Defense Ministry goes on trial for Corrie death’
Reuters,
‘Family of slain U.S. activist sues Israel’
The National,
‘Corrie family finally puts Israel in dock over daughter’s death’
YNet News,
‘Dozens protest near Haifa Court in memory of Rachel Corrie’

Israeli Court Begins Hearing Testimonies in the Unlawful Killing of 23 year old American Activist Rachel Corrie

Rachel Corrie Foundation

10 March 2010

For Immediate Release

Supporters rally with the Corrie family outside the court building on the first day of the trial. Courtesy Rachel Corrie Foundation.
Supporters rally with the Corrie family outside the court building on the first day of the trial. Courtesy Rachel Corrie Foundation.

The Haifa District Court began hearing eyewitness testimonies today, March 10, 2010, in a civil lawsuit filed by Rachel Corrie’s family against the State of Israel for her unlawful killing in Rafah, Gaza. Rachel Corrie, an American human rights defender from Olympia, Washington, was crushed to death on March 16, 2003 by a Caterpillar D9R bulldozer. She had been nonviolently demonstrating against Palestinian home demolitions with fellow members of the International Solidarity Movement (ISM), a Palestinian-led movement committed to resisting the Israeli occupation of Palestinian land using nonviolent, direct action methods and principles.

The court heard the testimonies of two ISM witnesses, British citizens Richard Purssell and Tom Dale. Their testimonies were frequently interrupted due to poor court-provided translation, which the presiding judge, Oded Gershon, acknowledged to be flawed. A new court translator was requested by the judge for the coming hearings.

The state attorneys spent most of their time cross-examining the eye-witnesses about the ISM and their purpose in Rafah. Purssell repeatedly affirmed that his purpose for being in Gaza was to offer nonviolent protection to Palestinian civilians whose homes were threatened with demolition by the Israeli military. Relatively little time was spent ascertaining what happened to Rachel Corrie.

“Seven years after my daughter Rachel was killed, I was finally able to hear Rachel’s friends, who were with her, testify in a court of law. Despite some disheartening procedural challenges, we remain hopeful that the truth about what happened to Rachel will be revealed, and that the people responsible for her killing will be held accountable,” said Cindy Corrie, Rachel’s mother.

The courtroom was filled with local and international reporters, human rights observers and three representatives from the U.S. Embassy, including Consul General Andrew Parker. Last night, the Corrie family met with Parker and senior members of Vice President Joseph Biden’s staff in Jerusalem. Antony Blinken, the Deputy Assistant to the President and National Security Advisor to the Vice President, reconfirmed the long-standing U.S. Government position that there has not been a thorough, credible, and transparent investigation into Rachel’s case. They reiterated the U.S. Government’s endorsement of pursuing justice for Rachel through the Israeli court system. Embassy staff will continue to attend the trial.

“I continue to be humbled by the steadfast dedication to nonviolent support for all of our human rights demonstrated by Rachel’s friends, not just seven years ago in Rafah, but again today in Haifa,” said Craig Corrie, Rachel’s father.

In the Media

Associated Press, ‘Trial begins over death of US activist in Gaza’
CNN,
‘Parents demand answers from Israel in bulldozer death’
Democracy Now,
‘Civil Trial Begins over Israeli Army Killing of Rachel Corrie’
Guardian,
‘British activist saw Rachel Corrie die under Israeli bulldozer, court hears’
Ha’aretz,
‘State accused of whitewash as Rachel Corrie suit begins’
Ha’aretz,
‘State: IDF not to blame for activist Rachel Corrie’s death’
Ha’aretz, ‘Corrie’s sister to Haaretz: U.S. encouraged family to sue Israel’
Huffington Post,
‘Rachel Corrie’s (Posthumous) Day in Court’
Independent,
‘I saw Israeli bulldozer kill Rachel Corrie’
Ma’an News,
‘Israeli Defense Ministry goes on trial for Corrie death’
Reuters,
‘Family of slain U.S. activist sues Israel’
The National,
‘Corrie family finally puts Israel in dock over daughter’s death’
YNet News,
‘Dozens protest near Haifa Court in memory of Rachel Corrie’