“Our hands have not shed this blood”? Give me a break
The IDF insists on not indicting the security officer who killed Bassem Abu Rahme, even though we provided it with enough details to find him
By Yossi Gurvitz | Isolated Incident | September 15, 2013
In April 2009, an Israeli uniformed officer fired a gas canister, using dead reckoning, into the chest of demonstrator Bassem Abu Rahme, during the weekly demonstration in the village of Bil’in, and killed him. The killing was carried out in the presence of senior officers. Firing a canister using dead reckoning is contrary to the orders of the IDF itself, not to mention the moral meaning of shooting an unarmed man; but Abu Rahme was a Palestinian, and it would seem the IDF would do anything possible to avoid meting justice to his killer – even though he can find his identity easily.
Last week, hours before Rosh Ha’shana – classic news-killing move – the government announced that the Judge Advocate General decided to close the case, citing “lack of evidence” for an indictment.
This argument is rubbish, and I’ll be back with it soon. But first we need to give a brief history of the case. Several days after the killing, B’Tselem wrote to the military prosecution, demanding an MPCID investigation of the shooting; at about the same time, Atty. Michael Sfard made the same demand.
But even though an unarmed civilian was shot to death by a security officer – a fact which is not contested – the military prosecution refused to open a criminal investigation, insisting instead on a military debriefing process. On 28th March, 2010 – some 11 months after Abu Rahma was killed – the military prosecution announced that it would not open an MPCID investigation. They used a creative excuse: They claimed the canister may have hit the fence and ricocheted towards Abu Rahma, and hence there was no guilt. And perhaps, they mused, the fact that Abu Rahme was standing on a rock “caused a convergence” between him and the arc of the canister.
These are precisely the sort of questions an MPCID investigation would have answered. And yet, the prosecution refused to open one. There is another critical point here: The prosecution claimed that, despite the debriefing, it does not know who the shooter was. If an IDF debriefing can’t answer this basic question, every Israeli should wonder what this process is good for.
So we happily solved this riddle for the prosecution. On June 3rd, 2010, Attys. Michael Sfard and Emily Schaeffer demanded the military prosecution open an MPCID investigation, adding to their demand an opinion based on a technology called Forensic Architecture. The death of Abu Rahme was documented by three different video cameras; from the merging and rebuilding of the images [see video; the shooting is just after 3:40], you can plainly see where the soldier who shot him stood, and you can see that the shooting was dead reckoning. We don’t know the identity of the shooter, but we found out where he stood during the shooting. Any self-respecting investigative outfit ought to be able to answer this question rather easily – particularly after a military debriefing.
It should be further noted that according to a testimony gathered by the NGO Breaking the Silence (Hebrew) one of the soldiers involved documented the killing by video, and “some soldiers had this video on their mobile phone. They sent it to one another and laughed about it a bit. The guy who shot him, I don’t remember his name, personally I don’t know him too well but I sort of knew who he was, he was rather happy with the story. He put an X on his grenade launcher.” Somehow, all this evaded the debriefing, and the MPCID investigation as well. Was it incompetence or a case of following the spirit of the commander?
The forensic architecture finding left the prosecution with little choice, and about a month later, on July 11th 2010 – some 15 months after the shooting, but who’s counting – it ordered an MPCID investigation. This carried on and on and on, perhaps expecting us to take the hint and go bark up another tree. This was just a Palestinian, after all, and furthermore one who caused the hasbara system some embarrassment by starring in “Five Broken Cameras.”
So we were left with no choice, and on March 3rd 2013, we appealed, together with B’Tselem, to the High Court of Justice, demanding two remedies: That the prosecution should reach a decision in the case; and that it should indict, at a minimum, for unlawful use of a weapon.
And, as mentioned, last week we got the answer: the military prosecution still insists it is ignorant of the identity of a shooter documented in three cameras, even after we specifically noted his location. Therefore it asks the Court to reject the appeal, close the file without any indictments, and offers us to appeal its decision – a process which can easily drag on for a year or two.
To sum: In April 2009, a person wearing Israeli uniform shot an unarmed demonstrator. Four years later, the IDF’s glorious investigative organs – a debriefing and an MPCID investigation – claim “lack of evidence” for an indictment. Didn’t you get the hint, you bleeding hearts? What, do you seriously think we would indict a soldier for killing a Palestinian, and worse – screw up his superior’s career? As our data sheet showed, the rate of indictment of soldiers and officers for killing Palestinians is very low, and the conviction rate is also rather sparse.
“If one be found slain in the land which the Lord thy God giveth thee to possess it, lying in the field,” orders the Bible, “and it be not known who hath slain him: Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain: And it shall be, that the city which is next unto the slain man, even the elders of that city shall take an heifer, which hath not been wrought with, and which hath not drawn in the yoke; And the elders of that city shall bring down the heifer unto a rough valley, which is neither eared nor sown, and shall strike off the heifer’s neck there in the valley: […] And all the elders of that city, that are next unto the slain man, shall wash their hands over the heifer that is beheaded in the valley. And they shall answer and say, Our hands have not shed this blood, neither have our eyes seen it. Be merciful, O Lord, unto thy people Israel, whom thou hast redeemed, and lay not innocent blood unto thy people of Israel’s charge.” During the misty days of the descent of the Second Temple, the writers of the Talmud repealed this decision, as the killers multiplied and acted openly.
Here is one found slain in the field. The IDF cannot wash its hands, cannot say “our hands have not shed this blood,” cannot say “neither have our eyes seen it,” since it insists on averting its eyes. And what about “lay not innocent blood unto thy people,” the basic demand, universal to all human societies, that a death should be atoned for, what of it?
Don’t worry. He was just a Palestinian.
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Israeli government closes case of killing of unarmed protester; cites ‘lack of evidence’
Bassem Abu Rahme flying a kite (image from palestinechronicle)
B’Tselem – September 10, 2013
Four and a half years have passed since the killing of Bassem Abu Rahmeh by a tear gas canister fired at him directly from a short range. The death was documented by three video angles, but the Israeli state announced Monday it is closing the case citing lack of evidence
Military Advocate General (MAG) Maj. Gen. Danny Efroni decided to close the case file in the investigation of the circumstances of the killing of Bil’in resident Bassem Abu Rahmeh, citing lack of evidence. The MAG made this decision in late July, and it was recently conveyed to the Israeli High Court of Justice as part of an updating statement by the Office of the State Attorney in a petition filed by Subhiya Abu Rahmeh, Bassem’s mother, together with Bil’in Village Council and Israeli human rights organizations B’Tselem and Yesh Din.
According to the statement signed by Senior Deputy at the Office of the State Attorney, Att. Michal Michlin-Friedlander, and Assistant to the State Attorney, Att. Udi Eitan, also former Deputy State Attorney Yehoshua Lemberger had reached the same conclusion.
30-year-old Bassem Abu Rahmeh, a resident of the village of Bil’in, whose story was told in the film “Five Broken Cameras” nominated for Best Foreign Film in the Academy Awards, was killed in April 2009 after he was struck in the chest by an extended-range tear gas grenade during a demonstration against the Separation Barrier in his home village of Bil’in. Three video segments filmed during the demonstration prove that Abu Rahmeh was situated to the east of the barrier, did not act violently, and did not endanger the soldiers in any way. An analysis of the video footage of the incident, by visualization experts determined that the grenade was fired directly at Abu Rahmeh, in complete contravention of open-fire regulations.
In its response, the state did not explain the rationale behind its decision, limiting itself to the following laconic wording: “There is not enough evidence needed for criminal proceedings for adopting legal measures against any of the soldiers involved in the incident.” No information was given regarding the findings of the investigation, which the state argued had included “comprehensive and rigorous investigative actions,” or about the versions provided by the soldiers who had been questioned. Neither did the statement provide the contents of the opinions given by experts of the Israeli military and police and their interpretation of the findings disclosed by the video footage.
Ever since Bassem Abu Rahmeh was killed, his family – aided by NGOs Yesh Din and B’Tselem – has been continuously striving to have the truth of the incident brought to light and to have those responsible for their son’s death prosecuted. Their efforts have been repeatedly thwarted by the sluggish conduct of the MAG Corps. Due to the initial refusal by the MAG at the time to launch a Military Police investigation, the investigation was opened a year and half later than it should have. The foot-dragging and procrastination in the case have continued even once the investigation was launched over three years ago. Only a petition to the High Court of Justice finally brought about a decision in the case.
In response to the statement submitted by Office of the State Attorney, Att. Emily Schaeffer of Yesh Din’s legal team said: “The decision to close the file in the killing of Bassem Abu Rahmeh is unacceptable, particularly in view of the expert opinion that determined that the tear-gas grenade was fired directly at Abu Rahmeh from a close range. Despite three separate videos that recorded the killing of Bassem, the MP and police have failed to find the factors that caused the death of an unarmed demonstrator. The conduct of law enforcement bodies in this case is further proof of the feebleness of the authorities in cases of Palestinian casualties. Moreover, it seems that there might be no intention of finding out the truth or prosecuting the offenders even in extreme cases such as this, in which there is clear-cut and unambiguous evidence. Bassem’s family, together with B’Tselem and Yesh Din, will continue in its struggle to bring the parties responsible for his death to justice.”
Att. Yael Stein, Director of Research at B’Tselem, said in response: “The unbearable procrastination taken by the authorities in this case, and the fact that the MAG only made a decision due to a High Court Petition, once again demonstrate that the MAG Corps must adopt the recommendations of the Turkel Commission without delay. This includes determining a pre-defined schedule for each stage of the investigation, and ensuring that each stage is brief. Also, the statements made by investigative bodies about their decisions must include the reasoning underlying the decision so as to enable lodging effective appeals.”
Four Injured, Palestine TV Reporters Kidnapped In Kufur Qaddoum
By Saed Bannoura | IMEMC | June 22, 2013
The Popular Committee Against the Wall and Settlements in Kufur Qaddoum village, near the northern West Bank city of Qalqilia, reported Friday that dozens of Israeli soldiers attacked the weekly nonviolent protest, wounding four residents, and kidnapped reporters of the official Palestine TV.
The Committee said that the soldiers violently attacked and beat reporter Ahmad Shawar and cameraman Bashar Nazzal, working for the Palestinian TV, confiscated their cameras, and threw the rest of their equipment in the trash.
An Israeli army spokesperson claimed that the kidnapped journalists “attacked the soldiers”, and that they have been transferred to an interrogation facility.
Morad Shteiwy, coordinator of the Popular Committee in the village, has reported that the army surrounded the village since early morning hours Friday, and invaded it in an attempt to prevent the residents from holding their weekly protest against the illegal Annexation Wall and settlements.
“The large number of soldiers deployed in the village could not prevent the determined residents from holding their protest”, Shteiwy said, “the soldiers violently attacked the protesters and fired dozens of gas bombs, concussion grenades, and rubber-coated metal bullets”.
He further said that resident Aqel Mahmoud Shteiwy, 25, was shot with a rubber-coated bullet in his hand, and that one of his fingers was amputated, and added that resident Yousef Mustafa Shteiwy, 21, was shot in the chest, Bassam Ayyoub Shteiwy, 26, was shot in the back and Bashar Mahmoud Shteiwy, 22, was shot in the abdomen.
Also on Friday, soldiers used tear gas, chemical water and rubber-coated steel bullets to attack the weekly protests at the villages of Bil’in and Ni’lin, near the central West Bank city of Ramallah, where residents and their international and Israeli supporters, managed to reach the wall; two protesters were injured and many were treated for the effects of tear gas inhalation.
In Bil’in, gas bombs fired by Israeli troops caused a fire that damaged olive trees owned by local farmers. Soldiers also fired tear gas at residents who tried to put out the fire.
At the nearby village of al Nabi Saleh, Israeli soldiers attacked the villagers and their supporters before leaving the village.
Dozens of soldiers stormed the village and fired gas bombs into resident’s homes. Many were treated for the effects of tear gas inhalation.
In al Ma’sara village, near Bethlehem, dozens of soldiers stopped the villagers and their supporters at the village entrance and then forced them back, using rifle-buts and batons to push people back, no injuries were reported.
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Israeli interrogators sexually harass Palestinian children in detention
Palestine Information Center – 08/07/2012
RAMALLAH — A number of Palestinian children who were detained in different circumstances have reported their exposure to abuse and maltreatment by Israeli soldiers and interrogators.
In some cases, the interrogators sexually harassed the children and on other occasions they threatened to rape them if they did not cooperate or make certain confessions, according to the children’s testimonies.
Palestinian statistics documented the detention of more than 9,000 children during the past ten years, mostly from occupied Jerusalem and West Bank villages such as Bil’in, Ma’sarah, Kafr Qaddum, Nabi Saleh and Beit Ummar.
A child named Mohamed said an Israeli interrogator threatened to sexually harm him if he refused to confess to throwing stones at soldiers and settlers.
Samer, another child, was given the choice of working as an informer or else he would be tortured, raped and jailed on a charge of throwing a Molotov cocktail at an Israeli patrol in Azzun village near Qalqiliya city.
For his part, director of the Al-Haq organization for human rights Shawan Jabbarin said the Israeli interrogators offer to get rid of the sexual and psychological pressure inflicted on the detained Palestinian children if they will work for them.
Jabbarin noted that Israel violates all limitations for the detention of minors under age 18 as stipulated by the fourth Geneva convention.
He stressed the need for the presence of a lawyer or one of the parents during the interrogation of children to prevent violations against them and to protect their rights.
The activist appealed to the UN and human rights organizations to intervene and oblige Israel to respect international law on the rights of children and release them all from its jails.
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- UK Report finds Israel breaches International Law in treatment of Palestinian children (alethonews.wordpress.com)
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Israeli Soldiers Invade Bil’in, Break Into Home Of Local Peace Activist
By Saed Bannoura | IMEMC | May 28, 2012
Late on Sunday night Israeli soldiers invaded the village of Bil’in, near the central West Bank city of Ramallah, and attempted to kidnap a local peace activist, one of the organizers of nonviolent peaceful protests against the illegal Israeli Annexation Wall and settlements in the area.
The Friends of Freedom and Justice Committee in Bil’in (FFJ) reported that resident Hosam Hamad, 33 years old, was not at home when soldiers invaded it. Instead, the soldiers handed his mother a warrant for his arrest.
The FFJ added that the army pushed journalists and cameramen away when they attempted to ask the soldiers why they were trying to take Hamad. They informed them that they were not allowed to document the invasion and did not provide any explanation for their actions.
Bil’in is known for its leading role in creative non-violent resistance against the Annexation Wall and settlements in the area. Peace activists from different parts of the world as well as Israeli activists participate in the weekly non-violent protests.
Israeli soldiers use excessive force against the protesters, and repeatedly kidnap local activists of the non-violent resistance. The army is responsible for hundreds of injuries and several deaths because of its use of force against the protesters.
In 2008, Ashraf Abu Rahma was detained during a nonviolent protest; he was cuffed and blindfolded before one soldier held him while another soldier shot him in the leg.
The shooting was caught on tape by a young Palestinian woman from Bil’in, and was handed to a number of human rights groups to expose the Israeli crime. The soldiers subsequently detained her father as an act of punishment.
Abu Rahma’s brother, Basem, and his sister, Jawaher, were killed by Israeli fire in different non-violent protests against the Wall and settlements.
A statement issued by the spokesperson of the EU’s High Representative, Catherine Ashton, said last Tuesday that the European Union defends the right of Palestinians to hold peaceful protests against illegal Israeli settlement construction on their land.
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- Al-Ma’sara Village Holds Its Weekly Nonviolent Protest (occupiedpalestine.wordpress.com)
- Undercover Israeli combatants threw stones at IDF soldiers in West Bank (theuglytruth.wordpress.com)
- Three Women Injured Near Bethlehem (altahrir.wordpress.com)
- Minnesota Battle Over Israeli Bonds (alethonews.wordpress.com)