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.

State won’t prosecute officers filmed beating Palestinians

Liel Kyzer | Ha’aretz

21 October 2009

Deputy State Prosecutor Shai Nitzan rejected an appeal against the decision not to investigate Border Police officers who documented themselves abusing Palestinians.

The appeal was filed by the Yesh Din human rights group.

Senior deputy to the state prosecutor Nechama Zusman wrote last week on Nitzan’s behalf that “the beating in the case was extremely slight and did not cause any actual damage. Therefore, the deputy state prosecutor did not think it was appropriate to intervene in the decision of the Justice Ministry’s department for the investigation of police officers to transfer the case to the care of the Israel Police disciplinary department, along with a recommendation to discipline the officers in question.”

Yesh Din issued a sharp response on Tuesday. The organization’s legal adviser, Michael Sfard, wrote to Zusman that, “Your position demonstrates unprecedented tolerance of abuse of people in custody by a person of authority, through the use of violence and humiliation.”

“The question of damage suffered is completely irrelevant, as criminal law prohibits assault and without qualifying it by the gravity of the damage caused,” the letter continued. “The argument that beating a prisoner is not a criminal act is even worse than the beating itself, and amounts to a dangerous move by the prosecution.”

The organization called upon the prosecution to review its decision to close the criminal case. Sfard asked for disciplinary proceedings to be stalled until a final decision is made, and made clear that Yesh Din is considering further legal measures if the original decision is upheld.

The video clips in which the officers documented themselves beating and humiliating Palestinians in East Jerusalem were revealed over a year ago, and appear to have been filmed in July 2007 and August 2008.

One clip shows an armed Border Police officer hitting a Palestinian detainee on the back of the head. Another shows a different officer forcing a Palestinian youth to salute.

Yesh Din, which made the clips public, said they were found in a cell phone apparently lost by one of the officers.

When the footage became public, Yesh Din approached the investigations department with a request to examine the events in an open criminal proceeding against those involved.

After looking into the matter, the department decided not to press criminal charges and to transfer the case to the police disciplinary unit.

Back to Warsaw 1968

Michael Sfard | Ha’aretz

3 September 2009

When my father was 21, he was arrested. Secret service agents tailed him everywhere for a few weeks, and the stress over whether and when he’d be shackled ate at him. Above all, it killed his aged parents. Many members of the student union were arrested with him. Each time the heavy iron door of his cell opened everyone’s heart skipped a beat. Who would they summon for interrogation now? Who would be spending the next 10 hours with the good interrogator and the bad interrogator?

During his many interrogations he wasn’t beaten or tortured, it was just the same questions, over and over: “Who are the leaders behind the riots?,” “Admit that you planned attacks on the security forces!,” “Who are your contacts abroad?,” “Who funds your subversive activities?” He ate well. He was never cold. But in the three months he was held his parents aged, from worry, and my mother cried rivers of tears. Warsaw, 1968.

That little village that was previously barely known even in Palestine became synonymous with the nonviolent Palestinian civil struggle and a place where Israeli and Palestinians demonstrate shoulder-to-shoulder. And now, two years after the High Court of Justice ruled that the separation fence built by the IDF there is illegal and ordered the state to redraw its route – two years in which the IDF has not carried out the ruling – the two generals concluded this was the time to smash this wonderful solidarity, to crush the Friday demonstrations in Bil’in.

But the special teargas grenades, with the increased range and the force of a small missile, represent an escalation even for Bil’in. In the neighboring village of Nil’in they caused critical head injuries to Tristan Anderson, an American demonstrator who has been lying in Sheba Medical Center, Tel Hashomer, for the past five months. Shortly after their introduction in Bil’in they killed Bassem Abu Rahme, a young man who never hurt a fly and became the first fatality of the demonstrations there.

After the special grenades came the nighttime raids. Their purpose was to arrest those who the army or the Shin Bet security services believed to be members of the village’s Popular Committee against the Wall, which organizes the demonstrations. For the past two months every few nights the children of Bil’in awaken to the screech of army Jeeps and stun grenades. Companies of soldiers under the command of the GOC Central Command, Gadi Shamni, and the commander of the IDF forces in the West Bank, Noam Tivon, break into homes, usually at 3 A.M., and arrest whoever they can grab: men, teens and children. Some are released a few hours later, others after a few days and still others remain under arrest on ridiculous accusations. No one touches the Israelis: even the major general and the brigadier general have their limits.

One of the detainees in these raids is among the leaders of the village’s organized protest, and anyone who believes in peace and coexistence can only hope he will eventually be one of the leaders of Palestine: Mohammed Khatib. In his early thirties, with youthful charm and charisma, Khatib is one of the architects of the Bil’in protests, the man who, with his friends, engineered the idea of the joint, nonviolent struggle. The Palestinian Martin Luther King, Jr. His creative mind has not rested during the past five years, every week coming up with a new exhibit, slogan, legal maneuver that will embarrass the regime, or for an article that will expose its lies and wickedness.

He is the one who coined the phrase, in reference to the settlers’ neighborhood that was built illegally on village land, “It’s not East Matityahu, it’s West Bil’in”: He came up with the idea of erecting, across from the illegal Israeli building project, the first Palestinian outpost – a seven-square-meter trailer home that within 24 hours was evacuated by a battalion of Israeli soldiers. (Who says no West Bank outposts are being evacuated?)

Khatib’s wife, Lamia, and their children remained alone in their home on the night that Mohammed was arrested. A few nights later the Jeeps returned, turned the family out of their beds and summoned Mohammed’s father for questioning. Maybe they thought that whatever they couldn’t get out of Mohammed before he’d tell them after learning that his elderly father was also interrogated.

After Khatib was released – with a prohibition against taking part in the Bil’in demonstrations – the Jeeps returned to the village once again and arrested Mohammed Abu Rahme, 48 (“Abu Nizar”), the vice president of the village council. Bil’in 2009.

The people who ordered the arrests of Khatib, Abu Nizar and dozens of their colleagues, some of whom are still in custody (such as the taxi driver Adib Abu Rahme, who has been rotting in jail for two months already, accused only of being a member of the Popular Committee), are ignoramuses who have not learned a single lesson from the human history of liberation struggles. They believed that this was the way to break the Bil’in protest movement – which, judging by the most recent demonstrations, has only grown greater in the wake of their actions.

I had the opportunity to peek into Khatib’s remand hearing in military court. (He was not present, because the Israel Prison Service forgot to bring him to the session…) I saw the military prosecutor speaking with pathos about the need to keep him in custody, about his being a “security risk.” Just like my father and his friends in Warsaw in 1968, when they organized demonstrations against the regime and for democracy. There, too, the authorities arrested the leaders of the protest in an effort to make them disappear. There, too, the arrests were made in the predawn hours. There, too, there were police officers who made the arrests, secret service agents who carried out the interrogations, prosecutors who prosecuted and judges who judged. And there, too, each one was a small but essential cog in a huge machine whose purpose was the control and oppression of millions.

Many good Israelis oppose the occupation but are disgusted by any attempt to compare the government we shaped in the West Bank with history’s detestable totalitarian regimes. Indeed, historical comparisons are dangerous. Warsaw circa 1968 does not resemble Bil’in circa 2009. The conflict is different, the struggle is different, the world is different. But there is something common to all attempts to oppress human beings. And as time passes, what they have in common outweighs the differences.

Michael Sfard is the lawyer representing the village of Bili’in in its struggle against the West Bank separation fence, which was erected on its land.

Israel declares the shooting of American activist, Tristan Anderson to be an “act of war”

For Immediate Release

18 August 2009: Israel declares the shooting of American activist, Tristan Anderson to be an “act of war.”

Tristan Anderson, an American national, was critically injured on 13 March 2009 when he was shot with a high velocity tear-gas projectile during an unarmed demonstration against the Wall in the West Bank village of Ni’lin (report and video: https://palsolidarity.org/2009/03/5324).

The Israeli Ministry of Defense has notified the Anderson family’s lawyers that Israel perceives the incident on 13 March 2009 as an “act of war.” This classification was made despite the fact that Anderson’s shooting occurred during a civilian demonstration and there were no armed hostilities during the event or surrounding it.

The consequence of such classification is that according to Israeli law, the state of Israel is not liable for any damage its’ forces have caused.

Israeli police have completed their criminal investigation and passed the file to the district attorney of the Central District of the Israeli prosecution offices. The Anderson’s criminal attorney, Michael Sfard, is awaiting their decision.

According to Michael Sfard,

If a process by which unarmed civilian demonstration is classified by Israel as an ‘act of war,’ then clearly Israel admits that it is at war with civilians. International law identifies the incident as a clear case of human rights abuse. As such, Tristan and his family are undoubtedly entitled to justice and compensation. We will pursue this matter and take the government of Israel to court.

In addition to filing a criminal complaint against the State of Israel for the shooting of their son, the Andersons have submitted a notice of intent to file a civil suit.

Leah Tsemel, the civil suit attorney, stated,

This is another occasion where the Israeli government is alluding responsibility. The demonstrations that take place in Ni’lin and Bil’in are not acts of war. We will pursue, in Israeli courts and international courts if necessary, justice for the Anderson family.

Tristan Anderson was critically injured on 13 March 2009 when he was shot with a high-velocity tear gas projectile by Israeli forces. He was taken to Tel Hashomer hospital near Tel Aviv and to date remains in the hospital facilities. Tristan suffered multiple condensed fractures as a result of being hit in the right frontal lobe. He has had several life-saving surgeries and his prospects for recovery are unclear. On 10 August 2009, Tristan underwent another surgery to reattach the top part of his skull, which was removed in order to save his life immediately after his shooting five months ago.

Several eye-witnesses have given testimony that Tristan was shot when he could not have been perceived as any threat to the forces in the area. He was shot from around 60 meters while standing with a few internationals and Palestinians, hours after the demonstration had dispersed from the construction site of the Wall.

“We are horrified and overwhelmed,” said Nancy Anderson during a press conference on 23 March 2009. “We are scared and really still in shock. To shoot peaceful demonstrators is really horrifying to us. What we want to ask is that the Israeli government publicly take full responsibility for the shooting of our son.” (audio of press conference held by the Andersons: http://www.alternativenews.org/news-from-within:-palestine/israel-podcasts/1854-news-from-within-podcast-press-conference-of-the-parents-of-american-activist-tristan-anderson-who-was-critically-injured-by-israeli-military.html)

Israeli forces have been systematically shooting tear-gas projectiles directly at demonstrators during protests at the West Bank Wall.

After Anderson’s shooting, the Israeli human rights organization B’Tselem requested the Judge Advocate General, Brig. Gen. Avichai Mandelblit, to immediately clarify to security forces that it is absolutely forbidden to directly aim tear-gas canisters, including extended-range type canisters, at demonstrators in the West Bank. B’Tselem also provided extensive video footage of demonstrations in Ni’lin, Bi’lin, and Jayyus showing repeated firing of tear-gas grenades directly at demonstrators, proving that, contrary to the army’s contentions, Israeli forces in the West Bank have commonly practiced this unlawful act. (report & video: http://www.btselem.org/English/Firearms/20090318_Firing_of_Tear_Gaz_at_Demonstrators.asp).

Following the killing of a Palestinian demonstrator in Bil’in, Basem Abu Rahme, by Israeli forces on 17 April 2009 with a high velocity tear gas projectile (report and video: https://palsolidarity.org/2009/04/6185), B’Tselem again demanded that the army enforce its Open-Fire Regulations and investigate the incidents (http://www.btselem.org/English/Firearms/20090422_Firing_Tear_Gaz_Canisters_directly_on_People.asp).

On 5 May 2009, Yehoshua Lemberger, deputy state attorney for criminal affairs of the Justice Ministry, asked the police to review the guidelines for dispersing protesters based on Rahme’s death and the police investigations of four additional incidents that occurred in Nil’in, including the shooting of Tristan Anderson (http://www.jpost.com/servlet/Satellite?cid=1239710864477&pagename=JPost%2FJPArticle%2FShowFull).

Rights group warns of growing settler violence

Efrat Weiss | YNet News

10 June 2009

Palestinian farmers in the West Bank are paying the price for the government’s efforts to evacuate illegal outpost in the region, data published by human rights group Yesh Din on Wednesday revealed.

According to the organization, in recent weeks there has been an alarming rise in the number of attempts to uproot or damage trees in villages in the area, and the phenomenon is expected to expand if the security forces do not take action against the perpetrators.

In a letter sent to Defense Minister Ehud Barak, Central Command Chief Gadi Shamni and Judea and Samaria District Police Commander Hagai Dotan, Yesh Din wrote that since the end of April and throughout the month of May, some 300 trees – mostly olive trees – have been uprooted or sawed in four West Bank villages. According to the group no one has been questioned in relation to the incidents.

“We ask that, in light of the increasing calls for violence and for collecting a ‘price tag’ from Palestinians following the evacuation of every outpost, you order the IDF and the police to boost their forces and work to prevent, handle and investigate offenses, and plans to commit offenses against civilians in the West Bank,” the group’s lawyer Michael Sfard wrote.

Sfard noted that in the last four years Yesh Din has repeatedly warned the law enforcement authorities in the West Bank of “systematic, organized and large-scale terrorist actions” taken by Jewish groups against Palestinian civilians in order to promote political objectives.