Tag: Ni’lin

Israeli High Court rules against Judge Advocate General’s “extremely unreasonable” decision

B’Tselem, The Association for Civil Rights in Israel, The Public Committee Against Torture in Israel, Yesh Din

1 July 2009

The Israeli High Court ruled today in favor of changing the indictments filed against the soldier and commander who were involved in the shooting of a handcuffed detainee in Ni’lin, so as to reflect the gravity of the offenses. The human rights organizations who had filed the petition to change the indictments expressed satisfaction with the decision, saying that it conveys a crucial message that protection of human rights must be a primary consideration for law-enforcement agencies. The organizations said they hope that in the future, High Court intervention will not be necessary for military law-enforcement agencies to convey to soldiers and commanders an unequivocal message to safeguard human life and dignity.

However, the organizations voiced concern over the fact that even though the abuse of the handcuffed detainee was filmed and caused a public outcry, the High Court’s intervention was necessary for the army to take proper action against the offenders. They said that the many reports regarding violence by security forces in the Occupied Territories, accompanied by feeble responses of the military law-enforcement agencies, raise doubt as to the ability and commitment of the army’s command level to comply with essential moral and legal norms.

Background

In August 2008, Ashraf Abu Rahma petitioned the Israeli High Court of Justice – with the assistance of Israeli human rights organizations B’Tselem, ACRI, PCATI and Yesh Din – after having been shot by a soldier at close range while blindfolded. The petitioners demanded that the indictments filed against the soldier who fired the shot, Staff Sergeant L., and the platoon commander, lieutenant Col. Omri Borberg, be changed so as to reflect the severity of the offenses. Using a weapon to intimidate, and shooting a handcuffed detainee may amount to abuse of detainee under aggrevated circumstances, an offense that carries a penalty of seven years in prison.

Ashraf Abu Rahma is happy with the decision, although he feels it is too late, one year after the shooting. Because of the violence of Israeli soldiers in the service of the occupation, he says, there are hundreds of other similar cases to his own that go undocumented and continue to occur with impunity. On the 17th of April, 2009, his brother Bassem was shot with a tear gas canister by an Israeli soldier at a peaceful demonstration against the wall in Bil’in.

In the petition, attorneys Limor Yehuda and Dan Yakir from ACRI stated that the decision of the Military Prosecutor to charge the soldier and commander with “unbecoming conduct”, an offense which does not appear on criminal records, is highly unreasonable and conveys an alarming message of disrespect for human lives, laying the foundation for future incidents of abuse.

Ha’aretz: ‘Court: IDF must toughen charges for shooting of bound Palestinian’

Tomer Zarchin | Ha’aretz

1 July 2009

The High Court ordered the Military Advocate General on Wednesday to file harsher charges against an Israel Defense Forces officer who ordered a soldier to shoot a rubber-coated metal bullet at a bound Palestinian.

Lt. Col. Omri Burberg, the officer, and Staff Sgt. L., the soldier, were formally charged with “improper conduct” over the incident, which took place in the West Bank village of Na’alin last September.

Justices Ayala Procaccia, Amnon Rubinstein and Hanan Meltzer abstained from ruling Wednesday on what charges would be appropriate for the shooting.

They unanimously accepted a petition submitted by Ashraf Abu Rahmeh, 27, the victim, and four human rights organizations against the Military Advocate General, Avihai Mandelblit.

The petitioners had demanded that the charges against Burberg and the soldier be changed in order to reflect the “gravity of the acts.”

In response, the justices wrote: “The moral gap between the nature of the act described in the indictment and the manner of evaluation in the indictment – as the offense of ‘improper conduct’ – is so deep that it cannot stand.”

“The gravity of the incident from a normative-moral perspective is exaggerated and exceptional,” wrote Justice Procaccia in her ruling. “Staging such scare tactics toward a bound, handcuffed and blindfolded man indicates a deep deviation from the moral norms that all IDF soldiers, and especially senior commanders, are obligated to uphold.”

In his ruling, Justice Rubinstein quoted Israel’s first Prime Minister Davd Ben-Gurion, who said that the IDF’s strength stems from its morality. Rubinstein even went so far as to say that Burberg’s actions may qualify as a desecration of God’s name.

The incident came to light after the Israeli human rights group, B’Tselem, released a video taken of the shooting by a Palestinian youth

In the video, Burberg is seen holding Abu Rahmeh, while a soldier under his command shoots him at close range in the foot. The IDF’s criminal investigation division subsequently launched a probe into the incident.

Burberg’s attorneys on Wednesday said that at no point during the incident did he command the soldier to or imagine he would shoot the Palestinian, and that this is well-documented in the evidence.

The attorneys added that the High Court’s decision does not change the facts in the case and said they are convinced their client will be acquitted in a military court.

As part of a deal reached between the officer and the GOC Northern Command, Maj. Gen. Gadi Eisenkot, Burberg announced his willingness to leave the army. Following this announcement, Mandelblit relayed that he had decided upon a lighter indictment for Burberg and his subordinate, that of “improper conduct,” one which did not give the pair a criminal record.

Ni’lin demonstrates against the Apartheid Wall

26 June 2009

Approximately one hundred and fifty Palestinian, Israeli and international protesters gathered in the hot sun for the weekly demonstration in Nilin. They marched together towards the separation barrier, chanting and waving Palestinian flags.

As the demonstrators reached the wall and started cutting the razor wire on the walls edge, Israeli armed forces opened fire with teargas. Their jeeps fired multiple rounds of teargas in an effort to blanket the whole area and they continued firing until the demonstration dispersed. Several of the protesters suffered from the effects of teargas, but no one was badly injured. The protest lasted for about one hour and a half and protesters succeeded in removing parts of the razor wire and damaging the fence.

An open letter to President Obama from Christian Peacemaker Teams

For Immediate Release:

An Open Letter to President Obama from Christian Peacemaker Teams: Call on Israel to Stop Its Violence against Palestinians

Dear President Obama,

On Tuesday June 15th, you said of the protests in Iran, “When I see peaceful dissent being suppressed, whenever that takes place, it is of concern to me and it is of concern to the American people.” For the last 13 years, Christian Peacemaker Teams have witnessed the brutal suppression of peaceful dissent here in Palestine. In the city of Hebron and the village of At-Tuwani, CPT supports vibrant Palestinian nonviolent resistance to Israel’s military occupation. Every day, Palestinians hold nonviolent demonstrations and defy curfews and closed military zones. They rebuild demolished homes and work their land despite the threat of arrest and attack. Though their struggle is largely ignored by the media, we find inspiration in the way Palestinians are working for justice and peace.

We are deeply troubled by the way Israeli authorities respond to this nonviolent resistance. On April 22, 2006, Israeli police beat and arrested the mayor of At-Tuwani village and his brother for doing no more than holding a peaceful demonstration against the illegal Israeli wall. CPT has documented the Israeli army demolishing the homes of nonviolent resistance leaders, harassing them at checkpoints, and targeting them for arrest.

Too often, Israeli forces respond to nonviolent resistance with lethal force. In the past nine months, Israeli soldiers have killed four residents of the village of Ni’lin during demonstrations against the Israeli wall. Ahmed Mousa, age 10, was shot in the forehead with live ammunition on July 29, 2008. Yousef Amira, 17, was shot twice with rubber-coated steel bullets in next day. On December 28th 2008, 22-year-old Arafat Rateb Khawaje was shot in the back with live ammunition. The same day, Mohammed Khawaje, 20, was shot in the head with live ammunition. On March 22nd 2009, American demonstrator Tristan Anderson was shot in the face with a tear gas canister. He still lies in the hospital in critical condition. Each of these incidents raises a simple question: why do Israeli soldiers respond to unarmed protestors with deadly force?

When Israel arrests, attacks and kills Palestinians who practice nonviolent resistance, it is saying to the Palestinian people, “No matter your methods of struggle, no matter the justice of your cause, we will not share power with you.” In this context, it is a grave mistake to call, as you did in your Cairo speech, for Palestinians to abandon violence without calling on Israel to do the same. To speak as though there is no Palestinian nonviolent resistance movement is worse than naïve; it gives Israel permission to continue to ignore their cries for justice and freedom.

In his recent speech, Israeli Prime Minister Benjamin Netanyahu outlined his conditions for peace with Palestine. He described a future Palestinian state that would not be a state at all. Its borders and airspace would be controlled by others. It would be demilitarized while Israel remained free to continue building a nuclear arsenal. This is not a plan for peace. It is a demand that Palestine submit to Israeli domination.

As Prime Minister Netanyahu makes these demands, his government continues to suppress Palestinian nonviolent resistance. Unarmed demonstrators in Ni’lin are still met with tear gas and live bullets. In Hebron and At-Tuwani, children on their way to school are still attacked by Israeli settlers and settlements continue to grow. We ask you, President Obama, to demand that Israel stop its campaign of violence against the Palestinian people. We echo the Palestinian nonviolent resistance movement’s calls for justice and human dignity. Only justice will lead to peace.

In Hope,

Christian Peacemaker Teams-Palestine

Ni’lin residents demonstrate against the Apartheid Wall

19 June 2009

Following a relatively calm demonstration last week, and the unprovoked murder of Aqel Sror on 5 June, demonstrators marched towards the Apartheid fence with apprehension, unsure of what force would meet them. It was eerily quiet as demonstrators managed to reach the wall without the whistle of tear gas flying through the air.

The youths, well organized and prepared, were able to cut several sections of the razor wire fence that makes up this section of the ilegal Apartheid Wall. Contrary to the reaction of the Israeli army in all previous demonstrations which is generally disproportionate and excessive, these actions received no immediate reaction from the Israeli army, which permitted the youths to remove approximately 50 meters of the razor wire and damage several metal posts in the fence.

After perhaps an hour however, four jeeps began to drive back and forth below the area the youth were, provoking them to throw rocks in a symbolic gesture of refusing to be intimated.

After two and a half hours, the Popular Committe declared the end of the action, and all went home.