FOR IMMEDIATE RELEASE
5 October 2010 | Rachel Corrie Foundation
Extraordinary state secrecy motion is granted
Haifa, Israel – The Haifa District Court on Thursday granted a government request to allow soldiers to testify behind a screen in the lawsuit filed by Rachel Corrie’s family against the State of Israel for her unlawful killing in Rafah, Gaza.
The order includes the driver of the bulldozer that killed Rachel, who is slated to testify later this month. However, Judge Oded Gershon ruled that both the commander of the unit and the second soldier in the bulldozer that hit Rachel would testify in plain view, because their faces were already publicly known.
Rachel Corrie, an American human rights defender from Olympia, Washington, was crushed to death on March 16, 2003, by a Caterpillar D9R bulldozer while nonviolently protesting the demolition of Palestinian homes.
In asking for the highly unusual protective measures, state attorneys argued that they were necessary to protect the soldiers’ safety and prevent their images from being circulated. They based the request on an overbroad security certificate issued by Defense Minister Ehud Barak in 2008, but did not provide concrete evidence to substantiate their concerns for the soldiers’ safety or security.
Corrie attorneys opposed the motion, arguing that allowing the soldiers to testify behind a screen infringes upon the right to an open, fair and transparent trial. They asked to dismiss the request, filed just 48 hours before the first soldier’s testimony. Alternatively, the lawyers asked the court to allow the family to see the witnesses even if the public could not, but their request was denied. Lawyers for the Corrie family plan to appeal the decision to the Supreme Court of Israel.
“While Rachel stood in front of a wall to protect the two families huddled behind it, the state is now making the soldiers hide behind a wall that denies us the opportunity to see them,” said Cindy Corrie, Rachel’s mother. “The State of Israel has been hiding for over seven years. Where is the justice?”
The first soldier to testify under the extraordinary new measures was the commander of the second bulldozer. Known to the court only as A.S., with voice muffled behind the screen, he told the court he did not see the other bulldozer strike Rachel and did not remember much about that day.
Contrary to the detailed affidavit he signed less than eight weeks ago, A.S. said he did not know how Rachel had been hurt; did not know the distance from which the bulldozer had approached Rachel; and did not know the height and width of the mound of earth the bulldozer was pushing.
Also testifying on Thursday was the head of the Military Police Special Investigative Unit, Shalom Michaeli, who oversaw the investigation into Rachel’s killing. He told the court that he stood by his 2003 investigation and saw no reason that anyone should have been prosecuted.
Michaeli was also in charge of the investigation into the killing of Iman al Hams, a 13-year-old Gaza school girl who was shot and killed by an Israeli soldier in Rafah as she lay injured on the ground in October 2004. A military police internal investigation subsequently found major failures in Michaeli’s investigation, saying it was conducted unprofessionally and with negligence. The solider who killed al Hams was court-martialed but subsequently acquitted – in part because of this flawed investigation.
Michaeli’s cross-examination revealed similar flaws in the Corrie investigation. These flaws support the family’s claim of government negligence, for allowing soldiers and their commanders to act recklessly using armored military bulldozers without due regard for the presence of civilians.
* Michaeli said that he ordered only a partial transcript of radio transmissions because he did not think it important to transcribe the full audio.
* He said he did not go to the site of Rachel’s killing because it was dangerous, the terrain had already been altered, and the vehicles removed by the Israeli military. He acknowledged that he could have gone to the scene in an armored vehicle, but chose not to.
* Michaeli testified in his written affidavit that when he inspected the bulldozer he did not find any signs of blood or other evidence that the vehicle had injured anyone. However, in court testimony he said the bulldozer could have been washed “or even painted” before he inspected it.
* Michaeli said he knew, prior to opening the investigation, there was a video camera recording the area around the clock. But he failed to obtain the tape until March 23, a week after the incident, because it had been previously taken by senior commanders. When questioned about his failure to interrogate the camera operator, who panned away from the scene only minutes before Rachel was killed, he said he did not think it was relevant.
* When asked whether he questioned the bulldozer crews about an Israeli military manual for low intensity conflict that states bulldozers should not be operated near people, Michaeli said the manuals were not relevant. He added that bulldozer operators could not be expected to follow such procedures in this zone. He went on to say that he believed the Israeli army was “at war” with everyone in the area, including the ISM peace activists.
Michaeli still heads the Military Police Special Investigative Unit, but has since been promoted from Sergeant Major to Warrant Officer.
“Today I was struck by the lead investigator’s failures – his failure to look for evidence, to secure evidence, to resolve conflicting evidence, and to turn evidence over to this court,” said Craig Corrie, Rachel’s father. “This is not what we and the U.S. government were promised by the government of Israel when Rachel was killed and it is not what we will accept now.”
The proceedings on Thursday were attended by representatives of the US Embassy, who have closely followed the hearings throughout the trial.
Subsequent hearings are scheduled for October 17,18 and 21 between the hours of 9:00-16:00 before Judge Oded Gershon at the Haifa, District Court, 12 Palyam St., Haifa, Israel.
A 20-year-old Palestinian man, Sliman Abu Hanza, is in a critical condition in hospital after being shot in the abdomen with a ‘dum dum’ bullet at a demonstration in Al-Faraheen, Khan Younis, on Sunday.
In Faraheen. over 200 people attended the demonstration, which began as a procession towards the border with speeches and chanting, and a large women’s group was also present. A group of young men headed towards the border fence, still on Palestinian land. Sliman and a friend Kamal, also 20, planted flags near to the border fence. Kamal described what happened:
The peaceful demonstration was joined by several young Palestinians, who were also protesting their right to their land, much of which is now lost or out of bounds by the Israeli imposed “buffer-zone.” This buffer-zone is 300 metres wide and stretches along the entire border fence on the frontier with Israel. According to the recent United Nations Report “Between the Fence and a Hard Place” the violence used to restrict Palestinians from accessing their land covers areas up to 1500m from the border fence, meaning that over 35% of Gaza’s most agricultural land is in a high risk area causing severe losses of food production and livelihoods.
Having marched to the wire fence, 100 metres from the border wall, the demonstrators chanted and waved flags, planting one Palestinian flag beyond the wire fence. They had brought shovels and begun to refill the trench, when the Israel army suddenly opened fire around them. Under heavy shooting with life ammunition, the participants stood their ground, communicating through a megaphone, some crouching low for cover amidst the gunfire that came within 5 metres.
The shooting created an atmosphere of terror and fear among the demonstrators, as they had no safe place to hide around in the forcibly neglected area. Nevertheless they managed to hold up their message to the world: “Boycott Israel”. The ongoing attacks against civilians in the buffer zone, destroying livelihoods and wiping out land, have continued for too long despite the awareness of the criminally silent international community.
The security situation in the area has been deteriorating. The three innocent civilians were murdered about 700 meters away from the fence while doing their daily check on their land and animals which graze next to the remains of his former home. They were killed instantly, Ibrahim suffered severe shrapnel injuries to his face, chest and stomach and his grandson Hossam had the back of his head blown away.
While all the inhabitants of Gaza are victims of Israel’s ‘collective punishment’, a crime against humanity according to article 33 of the Fourth Geneva Convention (of which Israel is a signatory), these people are the latest to be murdered with complete impunity.
