Tag: House Demolition

FOR IMMEDIATE RELEASE

6 September 2010 | Rachel Corrie Foundation

Haifa, ISRAEL – Several State witnesses testified in Haifa District Court on Monday, September 6, 2010, in the civil law suit 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, WA, was crushed to death on March 16, 2003, by a Caterpillar D9R military bulldozer. She had been nonviolently demonstrating against the demolitions of Palestinian homes.

One of the witnesses, known to the court as Yossi, was a Colonel in the Engineering Corps. He was responsible for writing operating manuals for military bulldozers and other equipment. He also conducted a simulation of what the bulldozer driver would have been able to see. In his testimony:

• He repeatedly insisted that there are no civilians in a war zone. His assertion disregards the reality in the Palestinian Occupied Territories as well as international humanitarian law, which was created to protect civilians in armed conflict situations.

• Yossi contradicted his own March 2003 testimony, given to military investigators, that the armored personnel carrier (APC) at the incident was intended to protect both soldiers and civilians. Today, he said the APC was there only for the safety of the drivers.

• In his affidavit, Yossi wrote that he conducted a reenactment of the incident. However, he testified today that he did not reenact the scene, but rather filmed a bulldozer of the same model with a bulldozer operator, and another soldier, to get a sense of what the operator at the incident might have seen. He also said he did not view the military’s surveillance video of the incident in creating his simulation.

• Yossi claimed that the manual on operating instructions for mechanical engineering equipment in low intensity conflict did not apply to real conflict situations, but rather only in training and administrative activities.

• Yossi stated that the bulldozer driver and commander have the exact same field of vision and that the commander sat at the same level as the driver, contradicting the government’s expert witness, who stated that the commander had a better field of vision because he sat higher.

Another witness for the state, Major Yoram Manchori, testified as an expert witness on the bulldozer’s field of vision. He was responsible for purchasing heavy engineering equipment and readying it for military use. In May 2010, he created an animated simulation of what the bulldozer driver and commander’s vision might have been.

• Manchori insisted he used in the simulation a bulldozer identical to the one that killed Rachel. However, the bulldozer he used had multiple bars on its windows, whereas the bulldozer that struck Rachel had no bars. Upon being informed of this discrepancy, he claimed that the bars did not impact visibility.

• He conducted his simulation on terrain that was very different than the terrain at the scene.

• He determined the simulated location of the bulldozers based on eyewitness recollections given over 7 years after the incident. He did not cross-check them with eyewitness accounts from the time of the killing, nor did he view the military surveillance video of the incident.

• Manchori testified that the price of a Caterpillar D9R bulldozer is currently $700,000 and the cost of arming it is an additional $200,000 – $250,000, figures not previously disclosed. In light of this, it is now known that the cost of mounting a camera, which is often cited as being prohibitively expensive, would be less than 10% of the price of the bulldozer itself.

• Manchori testified that after Rachel’s death the Israeli military installed cameras on one bulldozer but due to the high cost, limited increase in field vision and other problems, the installation was discontinued.

• Manchori testified that prior to Corrie’s killing, the Israeli military tested the D9R bulldozer field of vision and that he personally had sent three charts of the results to the military investigators in March 2003. In court today, the Corries’ lawyer requested to obtain a copy of this report, stating that he needed it in order to analyze the bulldozer visibility claims made in the military police investigation of Rachel’s killing. The State argued that the report was classified and should not be allowed into evidence, although the Israeli Supreme Court previously ruled that this report was relevant to the case. Judge Gershon upheld the State’s argument.

Regarding the multiple references that there are no civilians in war zones, Cindy Corrie, Rachel’s mother said, “This was startling to our family, and to others in the courtroom. Rafah is a densely populated town. In fact, Rachel was killed defending the home of two Palestinian families-a pharmacist, an accountant, their wives and small children. It was extremely troubling for their existence to be categorically denied.”

Court today was attended by representatives from the US Embassy, Human Rights Watch and Adalah, a legal and human rights organization.

The trial is slated to resume in October, when the bulldozer driver, the bulldozer commander, and the head of the military police team that investigated Rachel’s killing are expected to testify.

For press related inquiries and further information please contact:
stacy@rachelcorriefoundation.org
Phone: +972-52-952-2143

FOR IMMEDIATE RELEASE

5 September 2010 | Rachel Corrie Foundation for Peace and Justice

Haifa, Israel – On Sunday, September 5, 2010, the civil law suit filed by Rachel Corrie’s family against the State of Israel for her unlawful killing in Rafah, Gaza, resumed in the Haifa District Court. In March, the Corrie family called their witnesses to the stand. Today marked the beginning of the State’s testimony.

Rachel Corrie, an American human rights defender from Olympia, WA, was crushed to death on March 16, 2003, by a Caterpillar D9R military bulldozer. She had been nonviolently demonstrating against the demolitions of Palestinian homes.

The first state witness, a Military Police investigator known to the court as Oded, was part of a three-person team that investigated Rachel’s killing. Oded corroborated much of the testimony provided by El’ad, an investigator who testified in March, and added additional details about the inadequacy of the investigation.

• Oded confirmed that a commander of the unit involved in Rachel’s killing interrupted the questioning of the bulldozer operator, telling him that Doron Almog, head of the Israeli military’s Southern Command, had ordered that the questioning cease. He also said that, in his experience, interference of this nature from military commanders was not uncommon.
• When asked why he did not challenge the intervention, Oded said that as a junior investigator, it was not his place to do so. He was 20-years-old at the time, with only a high-school education and three-months of training in investigation.
• Corrie’s case was the first civilian killing that Oded investigated from beginning to end.
• Like El’ad, Oded stated that neither he nor any other investigator visited the site of the killing.
• Oded said that he did not obtain the video-audio recording from the military surveillance camera which filmed 24/7 until March 23, a week after he began the investigation.
• Oded said he did not request the video-audio recording with radio transmissions of the 2 bulldozer drivers and commanders from the hours leading up to the incident, transmissions which might have provided further context to the killing. Oded stated he did not believe they were relevant, even though Rachel and her friends from the International Solidarity Movement (ISM) were protesting the bulldozer activity for several hours prior to her death.
• When military police transcribed the radio transmissions, they failed to include an exchange in Arabic in which one soldier said, “Yem mawatu!” which in English means, “What, Did you kill him?!” and another soldier replied, “Allah Yerhamo,” “May God have mercy on him.” When asked about the discrepancy, Oded said that he did not understand Arabic and the investigation team did not think it was important. Oded testified that none of the investigators interviewed any of the Palestinian witnesses – including medical personnel who examined Rachel immediately following the incident. When asked why, he said he did not think they could provide any useful information.

According to a 2005 Human Rights Watch Report, Israel’s military investigative system is not independent, impartial or thorough. The military rarely has brought wrongdoers to justice, and existing practices have exerted little deterrent effect. Furthermore, the report found that the system is opaque, cumbersome, and open to command pressure.

“Our family and the US government’s long standing position has been that there was never a thorough, credible and transparent investigation. Today’s testimony further confirms that stand,” said Sarah Corrie Simpson, Rachel’s sister.

Attending the trial today were the US Consul General, Andrew Parker, and representatives from Al Haq and Adalah, human rights organizations based respectively in Ramallah and Haifa.

The trial is slated to resume on Monday, September 6 at 9:30 a.m.

For press related inquiries and further information please contact:
Stacy Sullivan
stacy@rachelcorriefoundation.org
Phone (Israel): 972-52-952-2143

2 September 2010 | Rachel Corrie Foundation for Peace and Justice

Haifa, ISRAEL

On Sunday, September 5th, the Haifa District Court will resume hearing testimonies 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 student activist and human rights defender from Olympia, Washington, was crushed to death on March 16, 2003, by a Caterpillar D9R bulldozer while nonviolently protesting Palestinian home demolitions with fellow members of the International Solidarity Movement (ISM).  The second phase of the trial is expected to shed more light on the circumstances of her death and the Israeli government failure to conduct a thorough, credible and transparent investigation into her killing.

Thirteen affidavits have been submitted by the State, including those from both the driver and commander in the bulldozer that ran over Corrie, and from other military personnel involved.

“As the trial in the killing of our daughter Rachel resumes in Haifa, we look forward to hearing from the State’s witnesses,” said Rachel’s father, Craig Corrie.  “For seven years our family has asked the Government of Israel to provide a complete, credible, and truthful explanation for the killing of our daughter.  We hope and demand they will take this opportunity to provide one.”

Cindy Corrie added,”If the peace process unfolding in Washington, D.C. is to have any hope of success, the pursuit of truth, accountability, and justice for all the suffering that has occurred in this land must proceed with determination.  We look forward to that happening in Rachel’s case.”

The lawsuit charges that Rachel Corrie’s killing was intentional.  Alternately, it charges that the Israeli government is responsible for negligence of Israeli soldiers and military commanders who acted recklessly using an armored military bulldozer without due regard and due diligence to presence of unarmed and nonviolent civilians and who failed to take appropriate and necessary measures to protect Rachel’s life, in violation of obligations under Israeli and international law.

The government of Israel argues that Rachel Corrie’s killing took place in the course of armed conflict in a closed military zone and should be considered an “Act of War,” or “War Operation,” absolving soldiers responsible from liability under Israeli law.  The government argued for dismissal stating that the Israeli government is immune from such a lawsuit based on controversial legal theory that actions of the Israeli army in Rafah, Gaza, should be considered “Acts of State.”  Finally, the Israeli government argues that Rachel Corrie acted in reckless disregard of her life and was responsible for her own death.

“After seven years Rachel Corrie’s family will have the chance to hear the testimonies of those who were responsible for her death,” said Attorney Hussein abu Hussein, who represents the family.  “This civil trial is an important step to hold accountable not only those who failed to protect Rachel’s life but also the flawed system of military investigations which is neither impartial nor thorough.”

Court dates are currently set for September 5, 6, and 21 and October 7, 17, and 18 before Judge Oded Gershon at the Haifa, District Court, 12 Palyam St., Haifa, Israel.  All trial sessions are currently scheduled from 9:00-16:00.  See any changes to the schedule and register to receive further press releases at rachelcorriefoundation.org.

For press related inquiries and further information please contact:
stacy@rachelcorriefoundation.org
Phone (Israel): 972-52-952-2143