The Nazareth Israeli District Court approved on Thursday a settlement reached between the State of Israel and the families of eleven Israeli Arabs killed by the Israeli police in 2000. The settlement did not include filing any charges against the policemen responsible for the death of the residents.
Israeli will pay compensation to eleven out of thirteen families of residents killed in October 2000 without incriminating or filing charges against policemen.
The agreement was signed by the families of eleven casualties and the Israeli prosecution, and was approved by the Central Court in Nazareth on Thursday morning, the Arabs48 news website reported.
Two families, who are not included in the deal, said that they did not file for compensation because they wanted the officers responsible for the death of their sons to be prosecuted, before they file for compensation.
The Israeli Ministry of Justice issued a statement saying the the state is not responsible for the death of the Arab residents and that it agreed to pay compensation “not because it admits its guilt, but because it wants to end the case”.
The Adalah Center (The Legal Center for Arab Minority Rights in Israel) stated that the main position and demand of the center and the families is to file charges against the officers responsible for the shootings, “Compensation is a secondary issue in this case”, the center reported.
The compensation case was filed in September 2005, and was not discussed by the court.
Israeli online daily Haaretz reported that under the terms of the out-of-court settlement, the state will pay an undisclosed sum of money agreed upon by the parties.
According to Haaretz report, the plaintiffs demanded Israel to payout each family the amount of 50.000 NIS for burial expenses, and the amount of 418.000 for each family for loss of income.
They asked the court to rule on the amount to be paid in compensation for their suffering and grief as a result of the loss of their loved ones, Haaretz reported.
The events took place as Arab residents of Israel protested for at least ten day across the north for several days against the Israeli practices after outbreak of the second Intifada in the Palestinian territories late September 2000.
13 residents were killed, and the Arab community in Israel said that the Israeli security forces and policemen used excessive violence against the protesters.
Israeli will pay compensation to eleven out of thirteen families of residents killed in October 2000 without incriminating or filing charges against policemen.
The agreement was signed by the families of eleven casualties and the Israeli prosecution, and was approved by the Central Court in Nazareth on Thursday morning, the Arabs48 news website reported.
Two families, who are not included in the deal, said that they did not file for compensation because they wanted the officers responsible for the death of their sons to be prosecuted, before they file for compensation.
The Israeli Ministry of Justice issued a statement saying the the state is not responsible for the death of the Arab residents and that it agreed to pay compensation “not because it admits its guilt, but because it wants to end the case”.
The Adalah Center (The Legal Center for Arab Minority Rights in Israel) stated that the main position and demand of the center and the families is to file charges against the officers responsible for the shootings, “Compensation is a secondary issue in this case”, the center reported.
The compensation case was filed in September 2005, and was not discussed by the court.
Israeli online daily Haaretz reported that under the terms of the out-of-court settlement, the state will pay an undisclosed sum of money agreed upon by the parties.
According to Haaretz report, the plaintiffs demanded Israel to payout each family the amount of 50.000 NIS for burial expenses, and the amount of 418.000 for each family for loss of income.
They asked the court to rule on the amount to be paid in compensation for their suffering and grief as a result of the loss of their loved ones, Haaretz reported.
The events took place as Arab residents of Israel protested for at least ten day across the north for several days against the Israeli practices after outbreak of the second Intifada in the Palestinian territories late September 2000.
13 residents were killed, and the Arab community in Israel said that the Israeli security forces and policemen used excessive violence against the protesters.
18 oct 2006
A demonstration accompanied Adalah’s 15 October 2006 release of its report entitled “The Accused”
Adalah Submits “The Accused” Report and Demands Investigation into “Mahash” for Breach of Trust and Damaging Public Confidence
Today, Adalah submitted a comprehensive report entitled “The Accused” to the Attorney General of Israel, Menachem Mazuz. The report addresses the shortcomings and failures of the law enforcement authorities - first and foremost the Ministry of Justice’s Police Investigation Unit (“Mahash”) - in investigating the killings of 13 Palestinian citizens of Israel and the injury to of hundreds of others during the October 2000 protest demonstrations.
The 133-page report primarily exposes Mahash’s negligent work and its failure to fulfill its duty to investigate the criminal offenses committed by police officers and commanders in October 2000. In addition, the report discloses, for the first time, how Mahash concealed significant facts from the public and issued a falsified report in September 2005 regarding the events of October 2000, in which it claimed that “it investigated the fatal events in an intensive investigation.”
“The Accused” report was compiled after Adalah studied thousands of pages of documents and other evidentiary material presented to the Official Commission of Inquiry (Or Commission) into the October 2000 events and collected by Mahash. This included listening to and viewing various tape recordings relevant to the killing of 13 unarmed Arab citizens of Israel and the wounding of hundreds of others during October 2000. The material that Adalah examined should have served to guide Mahash during its investigation; however, the reality was very different. The key points presented by Adalah’s report include:
-- Mahash did not conduct any investigation into five of the killings, contrary to the Or Commission’s recommendation that it do so. Mahash presented a falsified report to the public, suggesting that it had conducted an intensive investigation, while in fact it did not gather any evidence itself.
-- Even where Mahash investigated some of the killings, it did so in a completely negligent, incompetent and superficial manner. For example, Mahash investigators failed to question numerous policemen over contradictions that arose during its investigation compared to the testimonies they gave before the Or Commission. Mahash merely stated that the policemen had contradicted themselves, without confronting them with these contradictions, and then closed the file.
-- Although Mahash did not present one shred of new evidence beyond that brought before the Or Commission, it nonetheless reached opposite conclusions. For example, the Or Commission clearly determined, based on considerable evidence, that police officers Guy Raif and Rashed Murshid were responsible for the killing of three civilians. Mahash, conversely, cast doubt on this judgment, without presenting any new supporting evidence.
-- Mahash concealed the fact that police officers refused to cooperate with it, including a refusal to undergo a polygraph test. On the contrary, Mahash claimed that the bereaved families had refused to assist in the investigation. Police officers who refused to cooperate with Mahash continued to serve in their positions and no measures were taken against them.
-- Mahash’s investigation of Alik Ron, who was found by the Or Commission to be responsible for illegally deploying snipers, covers only a single page, while the Or Commission’s investigation of Ron spans 801 pages.
-- Mahash justified the use of sniper fire on the basis of the testimony of a police officer who was summoned as a defense witness by Alik Ron. The Or Commission reproached Ron for bringing an affidavit of support from the same police officer, and yet Mahash did not hesitate to base its findings on the same man.
-- Mahash justified the use of snipers without examining tape recordings comprising central evidence for the illegality of the sniper fire; these tape recording were, however, viewed by the Or Commission.
-- Mahash did not verify or review a police report which justified the use of snipers even in the absence of an immediate danger to police officers’ lives.
-- Moshe Waldman, who was responsible for snipers in Nazareth, was not questioned over an incident that occurred on 8 October 2000 in Nazareth, in which two Arab citizens were killed. In contrast, the Or Commission determined that Waldman gave the illegal order to fire at demonstrators.
-- Mahash concealed the fact that in one of the fatal cases, a bullet extracted from the body of the deceased was lost after previously being in its possession.
-- Mahash rejected the credibility of witnesses who had been considered very credible by the Or Commission. Mahash also did not hesitate to reject the credibility of neutral witnesses without summoning them for questioning.
-- The report demonstrates that Mahash’s first failure began at the very outset of the October 2000 events. Thus, in Adalah’s view, the law enforcement authorities violated the principle of the rule of law by failing to perform their legal duty to immediately open criminal investigations against the police officers and commanders.
-- In light of the above, Adalah concludes that Mahash damaged the public’s confidence and breached its trust.
-- Adalah, on behalf of the families of the deceased, demands that an investigation be opened immediately into Mahash’s grave failings from October 2000 to September 2005, when it submitted its report.
-- Adalah, on behalf of the families of the deceased, demands the immediate suspension of all those responsible for Mahash’s failures, led by Eran Shendar, the Director of Mahash in 2000. Download the full report (Hebrew PDF)
Adalah Submits “The Accused” Report and Demands Investigation into “Mahash” for Breach of Trust and Damaging Public Confidence
Today, Adalah submitted a comprehensive report entitled “The Accused” to the Attorney General of Israel, Menachem Mazuz. The report addresses the shortcomings and failures of the law enforcement authorities - first and foremost the Ministry of Justice’s Police Investigation Unit (“Mahash”) - in investigating the killings of 13 Palestinian citizens of Israel and the injury to of hundreds of others during the October 2000 protest demonstrations.
The 133-page report primarily exposes Mahash’s negligent work and its failure to fulfill its duty to investigate the criminal offenses committed by police officers and commanders in October 2000. In addition, the report discloses, for the first time, how Mahash concealed significant facts from the public and issued a falsified report in September 2005 regarding the events of October 2000, in which it claimed that “it investigated the fatal events in an intensive investigation.”
“The Accused” report was compiled after Adalah studied thousands of pages of documents and other evidentiary material presented to the Official Commission of Inquiry (Or Commission) into the October 2000 events and collected by Mahash. This included listening to and viewing various tape recordings relevant to the killing of 13 unarmed Arab citizens of Israel and the wounding of hundreds of others during October 2000. The material that Adalah examined should have served to guide Mahash during its investigation; however, the reality was very different. The key points presented by Adalah’s report include:
-- Mahash did not conduct any investigation into five of the killings, contrary to the Or Commission’s recommendation that it do so. Mahash presented a falsified report to the public, suggesting that it had conducted an intensive investigation, while in fact it did not gather any evidence itself.
-- Even where Mahash investigated some of the killings, it did so in a completely negligent, incompetent and superficial manner. For example, Mahash investigators failed to question numerous policemen over contradictions that arose during its investigation compared to the testimonies they gave before the Or Commission. Mahash merely stated that the policemen had contradicted themselves, without confronting them with these contradictions, and then closed the file.
-- Although Mahash did not present one shred of new evidence beyond that brought before the Or Commission, it nonetheless reached opposite conclusions. For example, the Or Commission clearly determined, based on considerable evidence, that police officers Guy Raif and Rashed Murshid were responsible for the killing of three civilians. Mahash, conversely, cast doubt on this judgment, without presenting any new supporting evidence.
-- Mahash concealed the fact that police officers refused to cooperate with it, including a refusal to undergo a polygraph test. On the contrary, Mahash claimed that the bereaved families had refused to assist in the investigation. Police officers who refused to cooperate with Mahash continued to serve in their positions and no measures were taken against them.
-- Mahash’s investigation of Alik Ron, who was found by the Or Commission to be responsible for illegally deploying snipers, covers only a single page, while the Or Commission’s investigation of Ron spans 801 pages.
-- Mahash justified the use of sniper fire on the basis of the testimony of a police officer who was summoned as a defense witness by Alik Ron. The Or Commission reproached Ron for bringing an affidavit of support from the same police officer, and yet Mahash did not hesitate to base its findings on the same man.
-- Mahash justified the use of snipers without examining tape recordings comprising central evidence for the illegality of the sniper fire; these tape recording were, however, viewed by the Or Commission.
-- Mahash did not verify or review a police report which justified the use of snipers even in the absence of an immediate danger to police officers’ lives.
-- Moshe Waldman, who was responsible for snipers in Nazareth, was not questioned over an incident that occurred on 8 October 2000 in Nazareth, in which two Arab citizens were killed. In contrast, the Or Commission determined that Waldman gave the illegal order to fire at demonstrators.
-- Mahash concealed the fact that in one of the fatal cases, a bullet extracted from the body of the deceased was lost after previously being in its possession.
-- Mahash rejected the credibility of witnesses who had been considered very credible by the Or Commission. Mahash also did not hesitate to reject the credibility of neutral witnesses without summoning them for questioning.
-- The report demonstrates that Mahash’s first failure began at the very outset of the October 2000 events. Thus, in Adalah’s view, the law enforcement authorities violated the principle of the rule of law by failing to perform their legal duty to immediately open criminal investigations against the police officers and commanders.
-- In light of the above, Adalah concludes that Mahash damaged the public’s confidence and breached its trust.
-- Adalah, on behalf of the families of the deceased, demands that an investigation be opened immediately into Mahash’s grave failings from October 2000 to September 2005, when it submitted its report.
-- Adalah, on behalf of the families of the deceased, demands the immediate suspension of all those responsible for Mahash’s failures, led by Eran Shendar, the Director of Mahash in 2000. Download the full report (Hebrew PDF)
15 juni 2006
Israeli police commander promoted despite role in deaths of Arab citizens
The head of Israel's paramilitary Border Police, Benzi Sau, has been promoted to a senior position in the Public Security Ministry in defiance of the findings of a state inquiry that implicated him in the chain of events that led to the killing of 12 Arab citizens and a labourer from Gaza by the security forces in October 2000.
This is Sau's third promotion since the deaths, despite a recommendation from the Or Commision of Inquiry that Sau not be considered for promotion again until September 2007.
The Or Commission began its hearings in February 2001 into the lethal suppression by the police of protests in the Galilee coinciding with the start of the intifada in the occupied territories. Sau allowed his officers to use live ammunition and rubber bullets against unarmed demonstrators, as well as deploying a unit of anti-terror snipers against the same protests.
A few months after the 13 deaths, Sau was appointed head of the Jerusalem district of the Border Police, despite a supposed freeze on all promotions among officers involved in the killings until the commission had completed its report.
Later, in October 2004, he was again promoted, this time to national commander of the Border Police. The appointment came a year after the Or Commission published its report, in which Justice Theodor Or recommended Sau be barred from promotion until 2007.
This latest promotion makes him the Public Security Minister's chief security adviser, liaising between the Ministry and the police command. According to the Hebrew media, the post is widely seen as a springboard to senior national security and political jobs.
In its report, published in September 2003, the Or Commission concluded that Sau had been jointly responsible with police commander Alik Ron for bringing the snipers to the Arab town of Umm al-Fahm three years earlier, when one protester was killed and dozens seriously injured. The snipers used live ammunition against unarmed demonstrators and stone-throwers.
Sau's own Border Police officers used rubber bullets and live ammunition against the protesters in violation of standing orders. According to the Commission, Sau's actions led to an "unnecessary confrontation" with the demonstrators that led to a total of four deaths in the the Little Triangle area, which was under Sau's command.
At the time of the October events, Sau was in charge of the northern division of the Border Police. The Border Police exists in a grey area, operating inside both the occupied territories and Israel, and empowered to use much the same tactics on both sides of the Green Line.
A petition against the Sau's first promotion, to the rank of Brigadier General in April 2001, submitted by the Adalah legal centre for the Arab minority was rejected by the Supreme Court on the grounds that the Or Commission had not yet issued its report.
In the final report, Justice Theodor Or reserved some of his harshest criticism for Sau. He recommended: "Sau should not be promoted in rank or position from his current post for a period of four years from the day of the publication of the commission's findings." That recommendation expires in September 2007.
In October 2004, a year after the report's publication, Sau was promoted to commander of the Border Police. Gideon Ezra, the Public Secutiy Minister of the time, claimed the job was not a promotion, only "switching jobs".
Sau was again promoted last month. On 28 May the current Public Security Minister Avi Dichter - who was himself head of the Shin Bet at the time of the October events - appointed Sau as his chief security adviser.
Dichter claimed Sau's new role did not violate Justice Or's recommendation because it was not a promotion, merely a "lateral move". Dichter changed the title of the ministry job to "security secretary" and lowered the rank needed to fill the post to Brigadier General so that Sau would be eligible. Previously the rank of general has gone with the position.
Dichter's claims that Sau has not been promoted have been rejected by Adalah. It points out that, whatever Sau's rank, he will gain a significant degree of new powers and influence in his ministry role. "As the Head of the Minister's Operational Staff Unit, Sau is able to participate, along with the Minister of Public Security, in high-level government meetings, including at cabinet level, concerning security, at which all security matters in Israel are discussed, not only those relating to the police."
Adalah submitted a petition to the Supreme Court challenging the new promotion on 1 June.
The Or Commission reprimanded some eight policeman over the 13 deaths. It recommended a ban on the use of rubber bullets inside Israel and urged the police to stop treating the Arab public in Israel "an an enemy".
Israeli police commander promoted despite role in deaths of Arab citizens
The head of Israel's paramilitary Border Police, Benzi Sau, has been promoted to a senior position in the Public Security Ministry in defiance of the findings of a state inquiry that implicated him in the chain of events that led to the killing of 12 Arab citizens and a labourer from Gaza by the security forces in October 2000.
This is Sau's third promotion since the deaths, despite a recommendation from the Or Commision of Inquiry that Sau not be considered for promotion again until September 2007.
The Or Commission began its hearings in February 2001 into the lethal suppression by the police of protests in the Galilee coinciding with the start of the intifada in the occupied territories. Sau allowed his officers to use live ammunition and rubber bullets against unarmed demonstrators, as well as deploying a unit of anti-terror snipers against the same protests.
A few months after the 13 deaths, Sau was appointed head of the Jerusalem district of the Border Police, despite a supposed freeze on all promotions among officers involved in the killings until the commission had completed its report.
Later, in October 2004, he was again promoted, this time to national commander of the Border Police. The appointment came a year after the Or Commission published its report, in which Justice Theodor Or recommended Sau be barred from promotion until 2007.
This latest promotion makes him the Public Security Minister's chief security adviser, liaising between the Ministry and the police command. According to the Hebrew media, the post is widely seen as a springboard to senior national security and political jobs.
In its report, published in September 2003, the Or Commission concluded that Sau had been jointly responsible with police commander Alik Ron for bringing the snipers to the Arab town of Umm al-Fahm three years earlier, when one protester was killed and dozens seriously injured. The snipers used live ammunition against unarmed demonstrators and stone-throwers.
Sau's own Border Police officers used rubber bullets and live ammunition against the protesters in violation of standing orders. According to the Commission, Sau's actions led to an "unnecessary confrontation" with the demonstrators that led to a total of four deaths in the the Little Triangle area, which was under Sau's command.
At the time of the October events, Sau was in charge of the northern division of the Border Police. The Border Police exists in a grey area, operating inside both the occupied territories and Israel, and empowered to use much the same tactics on both sides of the Green Line.
A petition against the Sau's first promotion, to the rank of Brigadier General in April 2001, submitted by the Adalah legal centre for the Arab minority was rejected by the Supreme Court on the grounds that the Or Commission had not yet issued its report.
In the final report, Justice Theodor Or reserved some of his harshest criticism for Sau. He recommended: "Sau should not be promoted in rank or position from his current post for a period of four years from the day of the publication of the commission's findings." That recommendation expires in September 2007.
In October 2004, a year after the report's publication, Sau was promoted to commander of the Border Police. Gideon Ezra, the Public Secutiy Minister of the time, claimed the job was not a promotion, only "switching jobs".
Sau was again promoted last month. On 28 May the current Public Security Minister Avi Dichter - who was himself head of the Shin Bet at the time of the October events - appointed Sau as his chief security adviser.
Dichter claimed Sau's new role did not violate Justice Or's recommendation because it was not a promotion, merely a "lateral move". Dichter changed the title of the ministry job to "security secretary" and lowered the rank needed to fill the post to Brigadier General so that Sau would be eligible. Previously the rank of general has gone with the position.
Dichter's claims that Sau has not been promoted have been rejected by Adalah. It points out that, whatever Sau's rank, he will gain a significant degree of new powers and influence in his ministry role. "As the Head of the Minister's Operational Staff Unit, Sau is able to participate, along with the Minister of Public Security, in high-level government meetings, including at cabinet level, concerning security, at which all security matters in Israel are discussed, not only those relating to the police."
Adalah submitted a petition to the Supreme Court challenging the new promotion on 1 June.
The Or Commission reprimanded some eight policeman over the 13 deaths. It recommended a ban on the use of rubber bullets inside Israel and urged the police to stop treating the Arab public in Israel "an an enemy".
30 sept 2005
Israel considering exhuming bodies of Arab residents killed in 2000
An Israeli source reported on Friday that the Israeli State Prosecutor may ask the families of 13 Arab residents killed by the Israeli Police late September 2000 to open graves of their sons in the “framework of the renewed investigation in the case.
Israeli newspaper Yedioth Ahronoth said that a senior Israeli official reported on Thursday that “Israel needs the cooperation of the families of this killed?, in order to reveal the truth, this includes exhuming the bodies of their sons who were killed five years ago.
“They should agree to this issue?, the official said,“We need to examine thae pathological and ballistic findings?.
The Police Investigation Unit reported that this procedure is part of the decision to reinvestigate the residents, and added that if the families refuse, the unit would consider turning to the court.
Israeli Attorney General Menachem Mazuz told the Israeli online daily Haaretz, that the State prosecutor may ask the families for permission to exhume the bodies.
Mamoun Abu Salah, the father of Walid who was killed in the incidents, said that the family would not agree to exhume the body of their son.
“They where idle for five years, nothing have been done in the case, Mamoun said, “And now, after five years, they remember?!?
The Police Investigation Unit said that there is a 3% chance that the unit will be able to find anything new which advances the investigation after exhuming the bodies.
“In every police station they have a commander and a deputy commander?, the father added, “They know who shot our sons, and when, we have no faith in the Police Investigation Unit, which remained idle for five years, we are Arabs and they don't care about us?.
Meanwhile, the residents continued their procession for the Third day, and took off from Nazareth heading towards Al Mash-had village, and then to Kafer Kanna village.
The procession arrived on Friday before noon to Al Rena village, where they were received by the residents, who providing them with water and some cold drinks, and continued towards Al Mash-had village while chanting slogans against the Israeli policies against the Arab residents of the country.
Hundreds of residents participated in the second day of the procession, including Arab member of Knesset Dr. Azmi Bishara, and Sheikh Raed Salah, head of the Islamic Movement in the north, and leader of Abna Al Balad leftist group Raja Ighbariyya
Members of Knesset Wasil Taha and Abdul-Malik Dhahamshe, in addition to the Secretary of the National Democratic Assembly Awad Abdul Fattah joined the procession of Thursday on its first day.
Also, Mayor of Nazareth Ramiz Jaraiseh, and member of the Follow-up Committee, in addition to hundreds of residents of Nazareth joined the protest.
Israel considering exhuming bodies of Arab residents killed in 2000
An Israeli source reported on Friday that the Israeli State Prosecutor may ask the families of 13 Arab residents killed by the Israeli Police late September 2000 to open graves of their sons in the “framework of the renewed investigation in the case.
Israeli newspaper Yedioth Ahronoth said that a senior Israeli official reported on Thursday that “Israel needs the cooperation of the families of this killed?, in order to reveal the truth, this includes exhuming the bodies of their sons who were killed five years ago.
“They should agree to this issue?, the official said,“We need to examine thae pathological and ballistic findings?.
The Police Investigation Unit reported that this procedure is part of the decision to reinvestigate the residents, and added that if the families refuse, the unit would consider turning to the court.
Israeli Attorney General Menachem Mazuz told the Israeli online daily Haaretz, that the State prosecutor may ask the families for permission to exhume the bodies.
Mamoun Abu Salah, the father of Walid who was killed in the incidents, said that the family would not agree to exhume the body of their son.
“They where idle for five years, nothing have been done in the case, Mamoun said, “And now, after five years, they remember?!?
The Police Investigation Unit said that there is a 3% chance that the unit will be able to find anything new which advances the investigation after exhuming the bodies.
“In every police station they have a commander and a deputy commander?, the father added, “They know who shot our sons, and when, we have no faith in the Police Investigation Unit, which remained idle for five years, we are Arabs and they don't care about us?.
Meanwhile, the residents continued their procession for the Third day, and took off from Nazareth heading towards Al Mash-had village, and then to Kafer Kanna village.
The procession arrived on Friday before noon to Al Rena village, where they were received by the residents, who providing them with water and some cold drinks, and continued towards Al Mash-had village while chanting slogans against the Israeli policies against the Arab residents of the country.
Hundreds of residents participated in the second day of the procession, including Arab member of Knesset Dr. Azmi Bishara, and Sheikh Raed Salah, head of the Islamic Movement in the north, and leader of Abna Al Balad leftist group Raja Ighbariyya
Members of Knesset Wasil Taha and Abdul-Malik Dhahamshe, in addition to the Secretary of the National Democratic Assembly Awad Abdul Fattah joined the procession of Thursday on its first day.
Also, Mayor of Nazareth Ramiz Jaraiseh, and member of the Follow-up Committee, in addition to hundreds of residents of Nazareth joined the protest.
The Parents of Martyrs Procession took of on Thursday morning, from Jit village, in the north of Israel, and headed towards Baqa Al Gharbiyya.
The procession started after a gathering at the tomb of Rami Gharra, were the participants and Arab and Islamic leaders in Israel launched there three-day marching procession.
Member of Knesset Azmi Bishara said that the marchers intend to march to the hometowns of the 13 Arabs residents who were killed in October 2000.
Hundreds of Arab residents were injured in the clashes which followed the killing of the 13 residents.
The Israeli online daily Ynetnews reported that the Heads of the Israeli Arab Monitoring Committee decided to end their two-day hunger strike on Thursday, after Police Investigation Unit, Herzl Shviro, announced that he and the Israeli Attorney General Menachem Mazuz decided to review the conclusions of the investigation.
Also, Bishara added that the decision of Shviro to have the prosecution reexamine the findings of the committee is only a maneuver to reduce the tension in the Arabic sector in Israel.
“The investigation unit should collect the testimonies of the witnesses and the parents of the martyrs", Bishara said, “If they want to spare time and efforts, they should start conducting proper investigations".
Bishara added that the investigation unit is misleading the public by pretending that it is making progress, “but in fact there is no progress, even if they file charges now, the charges would only be against two officers".
The two officers who were mentioned in the probe are Rashid Mirshid, an officer at the border guards units, and the previous head of Misgav police station Guy Raif.
MK Mohammad Barakeh, from the Hadash-Ta'al party, said that the hunger strike was stopped after the committee achieved its first objective.
“We have to focus on the new battle now", Barakeh said, “The first decision of the Police Investigation Unit would not have stood to the test in the Supreme Court".
Also, Barakeh added that this decision does not mean ending the “battle", and called on the Arab sector in Israel to “remain alert" in order to guarantee a fair probe in the case, in order to “avoid any other conspiracy"
MK Jamal Zahalka, National Democratic Assembly, said that the decision of the police investigation unit is only intended to absorb the police pressure, and that it was a move to delay the appeal to the Supreme Court.
Members of the bereaved families said that they hope that the Supreme Court would bring them justice.
Family members told Ynet Thursday they hope the Supreme Court would bring them justice, five years after the riots.
Ehssan Asla, the father of Asil who was killed in October 2000 clashes, said that those who called for closing the case should resign.
“All of them should resign, from the Justice Minister, to the last police investigator", Ehsan said, “They are all involved in hiding the truth from the public, the Police Investigation Unit is not truthful, I no longer have faith in them".
Also, Asla added that the Investigation Unit is trying to place obstacles in front of the bereaved families, in order to hinder their appeal to the Supreme Court.
Israel to reopen probe into October 2000 killings
Saed Bannnoura - IMEMC & Agencies
Israeli Justice Ministry official Herzl Shviro, who heads the investigations into the Oct. 2000 incidents which left twelve Arab residents of Israel, and one Palestinian dead, said that the prosecution decided to reopen the case, and reexamine the actions of Israeli officers involved in the incident.
Member of Knesset Binyamin Elon, from the National Union Party, blasted on the decision and claimed that the whole process is politically motivated.
Elon charged that the former Israeli Prime Minister, Ehud Barak “bowed" to pressure by the Arab political sector in Israel.
“After an attorney general decided that the Police Investigation Department report was not biased, some people started hunger strike to protest the decision", Elon said.
Elon charged that Barak bowed to pressure by the Arab political sector, and agreed to the probe.
Meanwhile, MK Yossi Beilin from the Metetz-Yahad party, responded to the claims of Elon by saying that political pressures are legitimate, and that the hunger strike carried by the Arab leaders is important.
Many Israeli political leaders, including justice ministry officials, expressed disbelief after the police published it probe results.
The Israeli Police Investigation Department (PID) decided on September 18 to close the probe against the officers involved in the killings.
The investigation, which took place after the incident, is questioned; it took the investigators one month two question only two of the officers involved in the shootings.
Also, none of the investigators gathered evidence at the scene during the clashes, or even attempted to collect evidence a short time after the incidents took place, Israeli online daily Haaretz reported.
PID officials allowed the burials of the victims without performing autopsies which could have aided the investigation.
Meanwhile, a spokesperson of the Arab Higher Monitoring Committee Abed Anabtawi, said that the committee is aware that the state prosecutor decided to seriously reconsider the results of the investigation.
Arab MK Isam Makhoul said that the Arab sector is under the impression that Israel is “expelling the Arab population out of democracy, and telling them that the right to life is not absolute"
“There is a connection between the Intifada in the occupied territories, and October 2000 incidents", Makhoul said, “It goes way beyond being a Palestinian Intifada, it is an Intifada of the Israeli right wing against the whole peace process".
“Israel created an atmosphere considering the Arab sector in Israel as the enemy", he said, “This allowed police officers to shoot and kill us freely".
The Legal Center for Arab Minority Rights in Israel, Adalah, sent a letter on Thursday to the Legal Advisor of the Israeli government, and the head of the Police Investigation Department, saying that the findings prove that the justice system in Israel failed in achieving justice and implementing the law.
The procession started after a gathering at the tomb of Rami Gharra, were the participants and Arab and Islamic leaders in Israel launched there three-day marching procession.
Member of Knesset Azmi Bishara said that the marchers intend to march to the hometowns of the 13 Arabs residents who were killed in October 2000.
Hundreds of Arab residents were injured in the clashes which followed the killing of the 13 residents.
The Israeli online daily Ynetnews reported that the Heads of the Israeli Arab Monitoring Committee decided to end their two-day hunger strike on Thursday, after Police Investigation Unit, Herzl Shviro, announced that he and the Israeli Attorney General Menachem Mazuz decided to review the conclusions of the investigation.
Also, Bishara added that the decision of Shviro to have the prosecution reexamine the findings of the committee is only a maneuver to reduce the tension in the Arabic sector in Israel.
“The investigation unit should collect the testimonies of the witnesses and the parents of the martyrs", Bishara said, “If they want to spare time and efforts, they should start conducting proper investigations".
Bishara added that the investigation unit is misleading the public by pretending that it is making progress, “but in fact there is no progress, even if they file charges now, the charges would only be against two officers".
The two officers who were mentioned in the probe are Rashid Mirshid, an officer at the border guards units, and the previous head of Misgav police station Guy Raif.
MK Mohammad Barakeh, from the Hadash-Ta'al party, said that the hunger strike was stopped after the committee achieved its first objective.
“We have to focus on the new battle now", Barakeh said, “The first decision of the Police Investigation Unit would not have stood to the test in the Supreme Court".
Also, Barakeh added that this decision does not mean ending the “battle", and called on the Arab sector in Israel to “remain alert" in order to guarantee a fair probe in the case, in order to “avoid any other conspiracy"
MK Jamal Zahalka, National Democratic Assembly, said that the decision of the police investigation unit is only intended to absorb the police pressure, and that it was a move to delay the appeal to the Supreme Court.
Members of the bereaved families said that they hope that the Supreme Court would bring them justice.
Family members told Ynet Thursday they hope the Supreme Court would bring them justice, five years after the riots.
Ehssan Asla, the father of Asil who was killed in October 2000 clashes, said that those who called for closing the case should resign.
“All of them should resign, from the Justice Minister, to the last police investigator", Ehsan said, “They are all involved in hiding the truth from the public, the Police Investigation Unit is not truthful, I no longer have faith in them".
Also, Asla added that the Investigation Unit is trying to place obstacles in front of the bereaved families, in order to hinder their appeal to the Supreme Court.
Israel to reopen probe into October 2000 killings
Saed Bannnoura - IMEMC & Agencies
Israeli Justice Ministry official Herzl Shviro, who heads the investigations into the Oct. 2000 incidents which left twelve Arab residents of Israel, and one Palestinian dead, said that the prosecution decided to reopen the case, and reexamine the actions of Israeli officers involved in the incident.
Member of Knesset Binyamin Elon, from the National Union Party, blasted on the decision and claimed that the whole process is politically motivated.
Elon charged that the former Israeli Prime Minister, Ehud Barak “bowed" to pressure by the Arab political sector in Israel.
“After an attorney general decided that the Police Investigation Department report was not biased, some people started hunger strike to protest the decision", Elon said.
Elon charged that Barak bowed to pressure by the Arab political sector, and agreed to the probe.
Meanwhile, MK Yossi Beilin from the Metetz-Yahad party, responded to the claims of Elon by saying that political pressures are legitimate, and that the hunger strike carried by the Arab leaders is important.
Many Israeli political leaders, including justice ministry officials, expressed disbelief after the police published it probe results.
The Israeli Police Investigation Department (PID) decided on September 18 to close the probe against the officers involved in the killings.
The investigation, which took place after the incident, is questioned; it took the investigators one month two question only two of the officers involved in the shootings.
Also, none of the investigators gathered evidence at the scene during the clashes, or even attempted to collect evidence a short time after the incidents took place, Israeli online daily Haaretz reported.
PID officials allowed the burials of the victims without performing autopsies which could have aided the investigation.
Meanwhile, a spokesperson of the Arab Higher Monitoring Committee Abed Anabtawi, said that the committee is aware that the state prosecutor decided to seriously reconsider the results of the investigation.
Arab MK Isam Makhoul said that the Arab sector is under the impression that Israel is “expelling the Arab population out of democracy, and telling them that the right to life is not absolute"
“There is a connection between the Intifada in the occupied territories, and October 2000 incidents", Makhoul said, “It goes way beyond being a Palestinian Intifada, it is an Intifada of the Israeli right wing against the whole peace process".
“Israel created an atmosphere considering the Arab sector in Israel as the enemy", he said, “This allowed police officers to shoot and kill us freely".
The Legal Center for Arab Minority Rights in Israel, Adalah, sent a letter on Thursday to the Legal Advisor of the Israeli government, and the head of the Police Investigation Department, saying that the findings prove that the justice system in Israel failed in achieving justice and implementing the law.
Seeds of Peace member Asel Asleh, one of the thirteen Palestinians killed by Israeli police fire in October 2000
At the beginning of October 2000 13 Arab citizens were killed and hundreds injured in Israel as a result of being shot by the Israeli police. Although it was known that the direct reason for the death cases and the injuries was the opening of fire by the police, the Ministry of Justice’s Police Investigation Unit (Mahash) did not carry out its duty under the law and failed to conduct any serious investigation into any of the killings.
This was in spite of Adalah’s approaches in this regard to the Israeli government’s then-Attorney General (Elyakim Rubinstein) and then-Director of Mahash (Eran Shendar), during October 2000 (on 18 October 2000), and at the beginning of November 2000 (on 5 November 2000) demanding the investigation of the circumstances surrounding the killing of 13 Arab citizens by the police.
During October 2000, Mahash did not identify the police officers who were present at the scene of each of the killings. Mahash did not interrogate any police officer in this regard, and did not gather material evidence from the scenes of the killings, such as the firearms of the police officers and the bullets which they fired. Further, following the killings, which were known to have been at the hands of police officers, Mahash did not initiate any autopsy on the bodies of any of the deceased men in order to determine the causes of death and to help in the identification of the killers. Even more severe is the fact that although Mahash was in possession four autopsy reports immediately after the killings at the beginning of October 2000, it did not use the reports in order to advance an investigation into the circumstances surrounding the deaths, or to interrogate those police officers responsible for the deaths.
On 8 November 2000, The Official Commission of Inquiry into the Clashes between Security Forces and Israeli Citizens in October 2000 was appointed. This Commission, known as the Or Commission, recommended in its Report, which was issued on 1 September 2003, that Mahash should continue to investigate the circumstances surrounding the deaths of the 13 Arab citizens. Exactly one year later, on 1 September 2004, former Supreme Court Justice Theodor Or, Chairperson of the Commission, sharply criticized the manner of working and omissions of Mahash immediately after the killings at the beginning of October 2000, during the sessions of the Or Commission, and after the publication of the Or Commission Report, stating that:
“In general, Mahash did not collect evidence relating to the events surrounding the killings of the citizens, did not gather evidence at the scene and did not attempt to locate any of the police officers who were involved in the incidents shortly after the incidents occurred … The Commission of Inquiry recommended that Mahash conduct an investigation into a number of incidents in which 13 people died. The intention was that, following the investigation, a decision would be reached over whether indictments should be filed and if so against whom. It is becoming clear that, to date, no conclusion has been reached over whether indictments should be filed and if so against whom. It is becoming clear that, to date, no conclusion has been reached over whether indictments are to be filed in relation to any of the events that Mahash was charged with investigating.
The explanation given is that Mahash lacks sufficient personnel, and that only when additional manpower was provided did the pace of the investigation accelerate. In light of the grave results of the events that Mahash is charged with investigating, in light of the fact that the testimonies obtained by investigators on behalf of the Commission and by the Commission itself were always available to everyone, including Mahash investigators, as long ago as when the Commission was performing its work; and in light of the fact that over a year has passed since the Commission made its recommendations, it is regrettable that the Mahash investigation has not accomplished more.”1
Following the Or Commission’s investigations relating to the responsibility of police commanders for the deaths of the citizens, Adalah wrote several times to Mahash, demanding an investigation into the circumstances surrounding the killing of the Arab citizens in October 2000, to include the interrogation of police commanders implicated in the matter who clearly breached criminal law. The Or Commission determined that the opening of fire in all of the death cases was carried out by police officers and that the opening of fire was not legal. In its Report, the Or Commission further pointed to the clear responsibility of commanders and police officers regarding some of the cases in which Arab citizens were killed at the beginning of October 2000, and to the responsibility of the political leadership as follows:
The Responsibility of Alik Ron: Order to Snipers, the Killing of a Citizen and Injuring of Many on 2 October 2000 Alik Ron was Commander of the Northern District in October 2000. In the context of Ron’s responsibility, the Or Commission indicated that he gave orders to snipers open fire in the Umm al-Fahm area on 2 October 2000. The shooting was carried out by three of the snipers simultaneously at the same target. This opening of fire, which was executed in a manner which was illegal and even in contravention of the police force’s own internal by-laws, led to the death of one person - the deceased Misleh Hussein Abu Jarad. The Or Commission determined the responsibility of Alik Ron as follows:
“As Commander of the Northern District of the Israeli Police, he was responsible for the use of snipers to open live fire in the context of the severe clashes between the police forces under his command and the demonstrators on 2 October 2000 in Umm al-Fahm. The opening of fire was carried out without any justification, and led to the injury of at least seven persons, and in one of the cases even led to the death of one person. Thus, he ordered and personally led the opening of fire by snipers in the direction of the stone-throwers, without justification, in a manner which breaches the binding orders of the police governing the use of live fire. In addition to the fact that the opening of fire was carried out without justification, the following actions and omissions should be emphasized:
There was no justification for the manner of opening fire, in which three snipers opened fire simultaneously, each time towards a stone-thrower; From the circumstances as a whole, it is apparent that the opening of fire by the snipers was for the purpose of deterring and dispersing the riots, in a manner which breaches police directives; Before the snipers opened fire, the civilians participating in the clashes were not warned of the intention to use live fire, in a manner which breaches both police by-laws and the imperative to refrain as much as possible from creating unnecessary risks to life and health; After the opening of fire by the snipers, he refrained from ensuring that the opening of fire and its results were documented, despite the fact that such documentation was necessary under the circumstances and according to police by-laws;”
The Responsibility of Moshe Waldman: Order to Open Fire and Causing Death and Injury to Many on 8 October 2000
Moshe Waldman was Commander of the Valleys Area in October 2000. On 8 October 2000 he was responsible for police forces in Nazareth, and ordered them to open fire. The bullets were live. As a result of the opening of fire, the deceased Wissam Yazbak and Omar Mohammad A’kkawi were killed. The Or Commission found a direct link between this opening of fire and the death of Yazbak, and found a reasonable suspicion that this opening of fire caused the death of A’kkawi. Waldman even attempted to thwart the police investigation into this incident:
“As Commander of the Valleys Area of the Israeli police, on 8 October 2000, he was in charge of the police forces in this incident in the area of the Canyon junction in Nazareth, in which two citizens were shot dead and many were injured, five of them by live ammunition, apparently as a result of the opening of fire by the police. In this incident, he ordered the forces to open fire or gave permission for that, without justification, in a manner which breaches the binding directives and by-laws of the police. After the incident, he refrained from conducting a methodical investigation into the incident, in breach of the binding directives and by-laws of the police, and as the circumstances dictated. Subsequently, he closely followed the investigation into the incident which occurred at the Canyon junction on 8 October 2000, and even gave directions to the investigators under his authority, despite the existence of a personal conflict of interest, as someone personally implicated in that incident as the Commander of police forces in the area.”
The Responsibility of Benzi Sau: Order to Snipers on 2 October 2000, the Killing of a Citizen and the Injuring of Many
Benzi Sau was the Commander of the Border Police Northern District in the Israeli police in October 2000. The Or Commission determined his responsibility for opening fire by snipers in the Umm al-Fahm area on 2 October 2000. As a result of this opening of fire, the deceased Misleh Hussein Abu Jarad was killed and many were injured. In this regard, the Or Commission determined that the use of snipers was illegal, and even contrary to the police’s own by-laws:
“As the Commander of the Border Police Northern District in the Israeli police, and as Commander of the area of Wadi ‘Ara during the events of October 2000, on 2 October 2000 during the hours around noon, he was responsible or partially responsible for the unjustified use of live fire by snipers on stone-throwers at the Umm al-Fahm junction. In addition to the fact that the opening of fire itself was unjustified and led to corporal injuries to some persons, the following actions and omissions should be emphasized:
There was no justification for the manner of opening fire, in which three snipers opened fire simultaneously at each shone-thrower; From the circumstances as a whole, it is apparent that the opening of fire by snipers was for the purpose of deterring and dispersing the riots, in a manner which breaches police directives, and without justification; Before the snipers opened fire, the civilians who participated in the clashes were not warned of the intention to use live fire, in a manner which breaches both police by-laws and the imperative to refrain as much as possible from creating unnecessary risks to life and health;”
The Responsibility of Guy Raif: Killing of Citizens and Injuring of Many on 2 October 2000
Guy Raif was Chief of the Misgav Police Station in October 2000. The Or Commission determined his responsibility for the killing of two citizens in the Sakhnin area: the deceased Walid Abdul-Menem Abu Saleh and Emad Farraj Ghanaym. The Or Commission determined that he was in a situation which he was able to prevent, and that he opened live fire on demonstrators, causing the death of the two young men and the injuring of others:
“On 2 October 2000, in the industrial area of Teradyon, he was in a situation which he was able to prevent, in which he faced tens of young men throwing stones. In this incident, he used, among other means, live fire trained at those young men without justification, and by that caused the death of the two civilians and the injuring of other civilians.”
The Responsibility of Rashed Murshid: Death of a Citizen on 1 October 2000
Rashed Murshid was a Border Police officer in October 2000. The Or Commission determined his responsibility for firing rubber bullets at a close range of approximately 15 meters, at demonstrators in Jatt on 1 October 2000. As a result of this opening of fire, the deceased Rami Khatem Ghara was shot in the eye, and died as a result of his injuries. The Or Commission indicated in this context that:
“As a Border Police officer, during the performance of his duty in the incident which occurred in the village of Jatt on 1 October 2000, he fired rubber-coated bullets at close range, around 15 meters, at the upper bodies of the villagers at whom he aimed, without justification and in a manner which contravenes the binding orders of the police governing the safe distance for the firing of rubber-coated bullets, and the duty to fire rubber bullets at the legs only, and while creating a risk of grievous and even fatal injuries, this opening of fire caused the injury of a citizen in the head, and to his death a day later.”
The Responsibility of Ehud Barak: Did not Take Adequate Steps to Prevent or Restrict the Use of Lethal Means by the Police
Ehud Barak was the Prime Minister in October 2000. He was responsible for all assessments of the events at that time, most of them even having been undertaken at his home, including the assessments of events on the evenings of 1 October 2000 and 2 October 2000, together with the police high command. On the morning of 2 October 2000, in an interview on the morning program on Reshet Bet (an Israeli public radio station), Barak said the following:
“In a meeting at my home yesterday which continued past midnight I instructed the Minister of Internal Security and the Israeli police, who, by the way, deserve great praise for the self-discipline which they displayed yesterday during the demonstrations, but I told them that they have the green light to take any action needed to safeguard the rule of law, to maintain public safety and ensure freedom of movement to the citizens of the state throughout the state.”
Regarding Barak, the Or Commission determined that he did not prevent or restrict the use of lethal means in early October 2000, and did not demand information from the police on the killing of Arab citizens by police officers:
“In those days (Barak) also did not take adequate actions to prevent or restrict the use of lethal means by the police, and did not act sufficiently to calm the events while they were happening. This includes his refraining from meeting the Arab leadership in Israel until 3 October 2000, despite the assessment of the intelligence apparatus, which was given to him at his request, that such a meeting, if it were to be held urgently, could significantly calm the events. As Prime Minister of Israel during the events of October 2000, he did not request from the police or any of those responsible for the actions of the police any specific report, full and detailed, and as soon as possible, about the actions of the police in specific incidences in which civilians were killed or grievously injured, or about the reasons, in each such incidence, which lead to the death or corporal injury. Thus, he did not fulfill his duty to act, as soon as possible, to obtain the necessary information in order to take decisions and give rational instructions on how to deal with the events of October 2000 and their outcomes.”
At the beginning of October 2000 13 Arab citizens were killed and hundreds injured in Israel as a result of being shot by the Israeli police. Although it was known that the direct reason for the death cases and the injuries was the opening of fire by the police, the Ministry of Justice’s Police Investigation Unit (Mahash) did not carry out its duty under the law and failed to conduct any serious investigation into any of the killings.
This was in spite of Adalah’s approaches in this regard to the Israeli government’s then-Attorney General (Elyakim Rubinstein) and then-Director of Mahash (Eran Shendar), during October 2000 (on 18 October 2000), and at the beginning of November 2000 (on 5 November 2000) demanding the investigation of the circumstances surrounding the killing of 13 Arab citizens by the police.
During October 2000, Mahash did not identify the police officers who were present at the scene of each of the killings. Mahash did not interrogate any police officer in this regard, and did not gather material evidence from the scenes of the killings, such as the firearms of the police officers and the bullets which they fired. Further, following the killings, which were known to have been at the hands of police officers, Mahash did not initiate any autopsy on the bodies of any of the deceased men in order to determine the causes of death and to help in the identification of the killers. Even more severe is the fact that although Mahash was in possession four autopsy reports immediately after the killings at the beginning of October 2000, it did not use the reports in order to advance an investigation into the circumstances surrounding the deaths, or to interrogate those police officers responsible for the deaths.
On 8 November 2000, The Official Commission of Inquiry into the Clashes between Security Forces and Israeli Citizens in October 2000 was appointed. This Commission, known as the Or Commission, recommended in its Report, which was issued on 1 September 2003, that Mahash should continue to investigate the circumstances surrounding the deaths of the 13 Arab citizens. Exactly one year later, on 1 September 2004, former Supreme Court Justice Theodor Or, Chairperson of the Commission, sharply criticized the manner of working and omissions of Mahash immediately after the killings at the beginning of October 2000, during the sessions of the Or Commission, and after the publication of the Or Commission Report, stating that:
“In general, Mahash did not collect evidence relating to the events surrounding the killings of the citizens, did not gather evidence at the scene and did not attempt to locate any of the police officers who were involved in the incidents shortly after the incidents occurred … The Commission of Inquiry recommended that Mahash conduct an investigation into a number of incidents in which 13 people died. The intention was that, following the investigation, a decision would be reached over whether indictments should be filed and if so against whom. It is becoming clear that, to date, no conclusion has been reached over whether indictments should be filed and if so against whom. It is becoming clear that, to date, no conclusion has been reached over whether indictments are to be filed in relation to any of the events that Mahash was charged with investigating.
The explanation given is that Mahash lacks sufficient personnel, and that only when additional manpower was provided did the pace of the investigation accelerate. In light of the grave results of the events that Mahash is charged with investigating, in light of the fact that the testimonies obtained by investigators on behalf of the Commission and by the Commission itself were always available to everyone, including Mahash investigators, as long ago as when the Commission was performing its work; and in light of the fact that over a year has passed since the Commission made its recommendations, it is regrettable that the Mahash investigation has not accomplished more.”1
Following the Or Commission’s investigations relating to the responsibility of police commanders for the deaths of the citizens, Adalah wrote several times to Mahash, demanding an investigation into the circumstances surrounding the killing of the Arab citizens in October 2000, to include the interrogation of police commanders implicated in the matter who clearly breached criminal law. The Or Commission determined that the opening of fire in all of the death cases was carried out by police officers and that the opening of fire was not legal. In its Report, the Or Commission further pointed to the clear responsibility of commanders and police officers regarding some of the cases in which Arab citizens were killed at the beginning of October 2000, and to the responsibility of the political leadership as follows:
The Responsibility of Alik Ron: Order to Snipers, the Killing of a Citizen and Injuring of Many on 2 October 2000 Alik Ron was Commander of the Northern District in October 2000. In the context of Ron’s responsibility, the Or Commission indicated that he gave orders to snipers open fire in the Umm al-Fahm area on 2 October 2000. The shooting was carried out by three of the snipers simultaneously at the same target. This opening of fire, which was executed in a manner which was illegal and even in contravention of the police force’s own internal by-laws, led to the death of one person - the deceased Misleh Hussein Abu Jarad. The Or Commission determined the responsibility of Alik Ron as follows:
“As Commander of the Northern District of the Israeli Police, he was responsible for the use of snipers to open live fire in the context of the severe clashes between the police forces under his command and the demonstrators on 2 October 2000 in Umm al-Fahm. The opening of fire was carried out without any justification, and led to the injury of at least seven persons, and in one of the cases even led to the death of one person. Thus, he ordered and personally led the opening of fire by snipers in the direction of the stone-throwers, without justification, in a manner which breaches the binding orders of the police governing the use of live fire. In addition to the fact that the opening of fire was carried out without justification, the following actions and omissions should be emphasized:
There was no justification for the manner of opening fire, in which three snipers opened fire simultaneously, each time towards a stone-thrower; From the circumstances as a whole, it is apparent that the opening of fire by the snipers was for the purpose of deterring and dispersing the riots, in a manner which breaches police directives; Before the snipers opened fire, the civilians participating in the clashes were not warned of the intention to use live fire, in a manner which breaches both police by-laws and the imperative to refrain as much as possible from creating unnecessary risks to life and health; After the opening of fire by the snipers, he refrained from ensuring that the opening of fire and its results were documented, despite the fact that such documentation was necessary under the circumstances and according to police by-laws;”
The Responsibility of Moshe Waldman: Order to Open Fire and Causing Death and Injury to Many on 8 October 2000
Moshe Waldman was Commander of the Valleys Area in October 2000. On 8 October 2000 he was responsible for police forces in Nazareth, and ordered them to open fire. The bullets were live. As a result of the opening of fire, the deceased Wissam Yazbak and Omar Mohammad A’kkawi were killed. The Or Commission found a direct link between this opening of fire and the death of Yazbak, and found a reasonable suspicion that this opening of fire caused the death of A’kkawi. Waldman even attempted to thwart the police investigation into this incident:
“As Commander of the Valleys Area of the Israeli police, on 8 October 2000, he was in charge of the police forces in this incident in the area of the Canyon junction in Nazareth, in which two citizens were shot dead and many were injured, five of them by live ammunition, apparently as a result of the opening of fire by the police. In this incident, he ordered the forces to open fire or gave permission for that, without justification, in a manner which breaches the binding directives and by-laws of the police. After the incident, he refrained from conducting a methodical investigation into the incident, in breach of the binding directives and by-laws of the police, and as the circumstances dictated. Subsequently, he closely followed the investigation into the incident which occurred at the Canyon junction on 8 October 2000, and even gave directions to the investigators under his authority, despite the existence of a personal conflict of interest, as someone personally implicated in that incident as the Commander of police forces in the area.”
The Responsibility of Benzi Sau: Order to Snipers on 2 October 2000, the Killing of a Citizen and the Injuring of Many
Benzi Sau was the Commander of the Border Police Northern District in the Israeli police in October 2000. The Or Commission determined his responsibility for opening fire by snipers in the Umm al-Fahm area on 2 October 2000. As a result of this opening of fire, the deceased Misleh Hussein Abu Jarad was killed and many were injured. In this regard, the Or Commission determined that the use of snipers was illegal, and even contrary to the police’s own by-laws:
“As the Commander of the Border Police Northern District in the Israeli police, and as Commander of the area of Wadi ‘Ara during the events of October 2000, on 2 October 2000 during the hours around noon, he was responsible or partially responsible for the unjustified use of live fire by snipers on stone-throwers at the Umm al-Fahm junction. In addition to the fact that the opening of fire itself was unjustified and led to corporal injuries to some persons, the following actions and omissions should be emphasized:
There was no justification for the manner of opening fire, in which three snipers opened fire simultaneously at each shone-thrower; From the circumstances as a whole, it is apparent that the opening of fire by snipers was for the purpose of deterring and dispersing the riots, in a manner which breaches police directives, and without justification; Before the snipers opened fire, the civilians who participated in the clashes were not warned of the intention to use live fire, in a manner which breaches both police by-laws and the imperative to refrain as much as possible from creating unnecessary risks to life and health;”
The Responsibility of Guy Raif: Killing of Citizens and Injuring of Many on 2 October 2000
Guy Raif was Chief of the Misgav Police Station in October 2000. The Or Commission determined his responsibility for the killing of two citizens in the Sakhnin area: the deceased Walid Abdul-Menem Abu Saleh and Emad Farraj Ghanaym. The Or Commission determined that he was in a situation which he was able to prevent, and that he opened live fire on demonstrators, causing the death of the two young men and the injuring of others:
“On 2 October 2000, in the industrial area of Teradyon, he was in a situation which he was able to prevent, in which he faced tens of young men throwing stones. In this incident, he used, among other means, live fire trained at those young men without justification, and by that caused the death of the two civilians and the injuring of other civilians.”
The Responsibility of Rashed Murshid: Death of a Citizen on 1 October 2000
Rashed Murshid was a Border Police officer in October 2000. The Or Commission determined his responsibility for firing rubber bullets at a close range of approximately 15 meters, at demonstrators in Jatt on 1 October 2000. As a result of this opening of fire, the deceased Rami Khatem Ghara was shot in the eye, and died as a result of his injuries. The Or Commission indicated in this context that:
“As a Border Police officer, during the performance of his duty in the incident which occurred in the village of Jatt on 1 October 2000, he fired rubber-coated bullets at close range, around 15 meters, at the upper bodies of the villagers at whom he aimed, without justification and in a manner which contravenes the binding orders of the police governing the safe distance for the firing of rubber-coated bullets, and the duty to fire rubber bullets at the legs only, and while creating a risk of grievous and even fatal injuries, this opening of fire caused the injury of a citizen in the head, and to his death a day later.”
The Responsibility of Ehud Barak: Did not Take Adequate Steps to Prevent or Restrict the Use of Lethal Means by the Police
Ehud Barak was the Prime Minister in October 2000. He was responsible for all assessments of the events at that time, most of them even having been undertaken at his home, including the assessments of events on the evenings of 1 October 2000 and 2 October 2000, together with the police high command. On the morning of 2 October 2000, in an interview on the morning program on Reshet Bet (an Israeli public radio station), Barak said the following:
“In a meeting at my home yesterday which continued past midnight I instructed the Minister of Internal Security and the Israeli police, who, by the way, deserve great praise for the self-discipline which they displayed yesterday during the demonstrations, but I told them that they have the green light to take any action needed to safeguard the rule of law, to maintain public safety and ensure freedom of movement to the citizens of the state throughout the state.”
Regarding Barak, the Or Commission determined that he did not prevent or restrict the use of lethal means in early October 2000, and did not demand information from the police on the killing of Arab citizens by police officers:
“In those days (Barak) also did not take adequate actions to prevent or restrict the use of lethal means by the police, and did not act sufficiently to calm the events while they were happening. This includes his refraining from meeting the Arab leadership in Israel until 3 October 2000, despite the assessment of the intelligence apparatus, which was given to him at his request, that such a meeting, if it were to be held urgently, could significantly calm the events. As Prime Minister of Israel during the events of October 2000, he did not request from the police or any of those responsible for the actions of the police any specific report, full and detailed, and as soon as possible, about the actions of the police in specific incidences in which civilians were killed or grievously injured, or about the reasons, in each such incidence, which lead to the death or corporal injury. Thus, he did not fulfill his duty to act, as soon as possible, to obtain the necessary information in order to take decisions and give rational instructions on how to deal with the events of October 2000 and their outcomes.”
The internal affairs investigation department at the Israeli Police acquitted on Sunday Israeli police officers who were involved in the death of 12 Arab residents of Israel shot killed by the police late October, 2000.
The families of the victims protested outside the court, in Jerusalem, after its ruling; Arab member of Knesset Azmi Bishara, Balad party, called for widespread protests.
One of the cases which Israeli investigators closed was the case of Israeli police commander Alik Ron, and district commander Moshe Waldman, who were involved of giving direct orders to their snipers to open fire at the residents, said to be throwing stones at the police during clashes which erupted at the beginning of Al Aqsa Intifada in the occupied territories.
Israeli investigators claimed not finding sufficient evidence to indict any of the officers, and that they “were not able to locate some of the officers involved in the shootings"
Arab Member of Knesset (MK) Abdul-Malik Dahamshe (United Arab List) said that this report “a repeat of the murder of the 13 victims, and signals to Israeli soldiers and olicemen that it is permissible to spill the blood of Arabs without fear of punishment or trial.
Twelve Arab residents of Israel, and one Palestinian from Gaza were killed during the clashes; dozens of residents were injured.
MK Azmi Bishara said that it was clear from the first moment that the court would sweep away “the crime instead of brining the guilty parties to justice. We cannot remain silent, I would recommend a general strike and protests in every Arab area in Israel".
Hadash party chairman, MK Mohammad Barakeh, said that acquitting the police officers involved in the crime does not mean that they are innocent, “It means that the state of Israel is guilty".
“The state killed its residents with such a decision", Barakeh said, “The Internal Affairs Unit is actually saying that the murderer is the one that sends out the guilty, and that is the State of Israel".
“We will not stop, we will sue all of those involved in killing our children, we will sue them in Israel and in international forums", Barakeh reported, “We will look for justice elsewhere, if Israeli justice cannot bring relief to its residents".
The Israeli online daily Haaretz reported that Lawyers of Adalah (The Legal Center for Minority Rights in Israel), which represent the families of the victims, received copies of the 80-page report on Sunday morning.
Haaretz said that the conclusions of the “investigation" will be released to the public on Sunday afternoon.
The court ignored attacks carried out by extremist Jewish groups against the Arab residents of Israel, which included burning a mosque in Tiberius, and hurling stones at a mosque in Jaffa, in addition to several attacks against Arab residents of Israel, in Jewish cities.
The investigation unit claimed that the “riots" did not enable the investigators to reach the area in the right time and collect testimonies and facts, and claimed that it was not safe for the interrogators to be in the area.
Some of the claims presented by the court were;
- Some evidences were changed, or disappeared.
- The families of the victims failed to cooperate.
- Thousands of residents were involved in the events, which made the work of the police more difficult.
- Police investigators were unable to locate the policemen involved in the killings, and that the investigators were not able to collect their testimonies directly after the incidents occurred.
The families of the victims protested outside the court, in Jerusalem, after its ruling; Arab member of Knesset Azmi Bishara, Balad party, called for widespread protests.
One of the cases which Israeli investigators closed was the case of Israeli police commander Alik Ron, and district commander Moshe Waldman, who were involved of giving direct orders to their snipers to open fire at the residents, said to be throwing stones at the police during clashes which erupted at the beginning of Al Aqsa Intifada in the occupied territories.
Israeli investigators claimed not finding sufficient evidence to indict any of the officers, and that they “were not able to locate some of the officers involved in the shootings"
Arab Member of Knesset (MK) Abdul-Malik Dahamshe (United Arab List) said that this report “a repeat of the murder of the 13 victims, and signals to Israeli soldiers and olicemen that it is permissible to spill the blood of Arabs without fear of punishment or trial.
Twelve Arab residents of Israel, and one Palestinian from Gaza were killed during the clashes; dozens of residents were injured.
MK Azmi Bishara said that it was clear from the first moment that the court would sweep away “the crime instead of brining the guilty parties to justice. We cannot remain silent, I would recommend a general strike and protests in every Arab area in Israel".
Hadash party chairman, MK Mohammad Barakeh, said that acquitting the police officers involved in the crime does not mean that they are innocent, “It means that the state of Israel is guilty".
“The state killed its residents with such a decision", Barakeh said, “The Internal Affairs Unit is actually saying that the murderer is the one that sends out the guilty, and that is the State of Israel".
“We will not stop, we will sue all of those involved in killing our children, we will sue them in Israel and in international forums", Barakeh reported, “We will look for justice elsewhere, if Israeli justice cannot bring relief to its residents".
The Israeli online daily Haaretz reported that Lawyers of Adalah (The Legal Center for Minority Rights in Israel), which represent the families of the victims, received copies of the 80-page report on Sunday morning.
Haaretz said that the conclusions of the “investigation" will be released to the public on Sunday afternoon.
The court ignored attacks carried out by extremist Jewish groups against the Arab residents of Israel, which included burning a mosque in Tiberius, and hurling stones at a mosque in Jaffa, in addition to several attacks against Arab residents of Israel, in Jewish cities.
The investigation unit claimed that the “riots" did not enable the investigators to reach the area in the right time and collect testimonies and facts, and claimed that it was not safe for the interrogators to be in the area.
Some of the claims presented by the court were;
- Some evidences were changed, or disappeared.
- The families of the victims failed to cooperate.
- Thousands of residents were involved in the events, which made the work of the police more difficult.
- Police investigators were unable to locate the policemen involved in the killings, and that the investigators were not able to collect their testimonies directly after the incidents occurred.
