9 dec 2012
B'Tselem: Israel stalls the case of a slain Palestinian young man
B'Tselem: Israel stalls the case of a slain Palestinian young man
Human rights group B'Tselem accused the Israeli army in occupied Jerusalem of stalling its investigation into the killing of a Palestinian young man named Mustafa Tamimi by its soldiers on year ago.
B'Tselem said it had contacted the Israeli military prosecutor for operational affairs, demanding clarification of the status of the case and warning that it intends to take legal action in order to end the delays in addressing the issue and to prevent damage to the rights of complainants.
Noa Tal, director of B’Tselem data department, stated that such the Israeli inquiry into the incident since nearly one year until now cannot be considered reasonable.
"The longer the process is drawn out, the greater the damage to the prospects for an effective criminal proceeding," she said.
Nearly one year ago, on December 9, 2011, an Israeli soldier shot a tear gas canister at a very short range at Mustafa Tamimi during a demonstration in Nabi Saleh village critically injuring him. He was taken for treatment at Beilinson hospital and died of his wounds the next day.
On the same day the incident took place, B’Tselem submitted a complaint to the military police investigation unit in Jerusalem, and it opened an investigation two days later.
However, the Israeli military prosecutor for operational affairs has yet to announce a decision on whether to serve an indictment or close the case.
B'Tselem said it had contacted the Israeli military prosecutor for operational affairs, demanding clarification of the status of the case and warning that it intends to take legal action in order to end the delays in addressing the issue and to prevent damage to the rights of complainants.
Noa Tal, director of B’Tselem data department, stated that such the Israeli inquiry into the incident since nearly one year until now cannot be considered reasonable.
"The longer the process is drawn out, the greater the damage to the prospects for an effective criminal proceeding," she said.
Nearly one year ago, on December 9, 2011, an Israeli soldier shot a tear gas canister at a very short range at Mustafa Tamimi during a demonstration in Nabi Saleh village critically injuring him. He was taken for treatment at Beilinson hospital and died of his wounds the next day.
On the same day the incident took place, B’Tselem submitted a complaint to the military police investigation unit in Jerusalem, and it opened an investigation two days later.
However, the Israeli military prosecutor for operational affairs has yet to announce a decision on whether to serve an indictment or close the case.
31 oct 2012
Killed A Child With A Shot To The Head
Killed A Child With A Shot To The Head
Ahmed Mousa 10
Israeli soldier who shot dead a Palestinian child acquitted
An Israeli Court in Lod acquitted Tuesday an Israeli soldier who shot and killed a Palestinian child during a nonviolent protest against the Annexation Wall in Ni’lin village, near the central West Bank city of Ramallah, in July 2008.
The soldier admitted to firing two rounds of live ammunition at the child, 10-year-old Ahmad Mousa, leading to his death.
During his court testimony, the soldier said that “not firing back at those who hurl stones at the army is considered weakness; therefore, I opened fire”.
The Judge claimed that “it was not proven that the bullets fired by the soldier led to the death of the child”, despite the fact that she acknowledged that the soldier opened fire using live ammunition while his life was not in danger.
The soldier, identified as Omri Abu, stated that he was in a bulletproof vehicle, but added that “these vehicles protect you to a certain level, and sometimes become useless when the hood is damaged, and the windshield is broken”.
According to Israeli daily, Haaretz, as the unit arrived at the scene, Palestinian youths started hurling stones at the armored jeep, and Abu immediately opened the jeep’s door and fired two rounds of live ammunition, hitting the child in the forehead causing instant death.
http://www.imemc
Israeli soldier who shot dead a Palestinian child acquitted
An Israeli Court in Lod acquitted Tuesday an Israeli soldier who shot and killed a Palestinian child during a nonviolent protest against the Annexation Wall in Ni’lin village, near the central West Bank city of Ramallah, in July 2008.
The soldier admitted to firing two rounds of live ammunition at the child, 10-year-old Ahmad Mousa, leading to his death.
During his court testimony, the soldier said that “not firing back at those who hurl stones at the army is considered weakness; therefore, I opened fire”.
The Judge claimed that “it was not proven that the bullets fired by the soldier led to the death of the child”, despite the fact that she acknowledged that the soldier opened fire using live ammunition while his life was not in danger.
The soldier, identified as Omri Abu, stated that he was in a bulletproof vehicle, but added that “these vehicles protect you to a certain level, and sometimes become useless when the hood is damaged, and the windshield is broken”.
According to Israeli daily, Haaretz, as the unit arrived at the scene, Palestinian youths started hurling stones at the armored jeep, and Abu immediately opened the jeep’s door and fired two rounds of live ammunition, hitting the child in the forehead causing instant death.
http://www.imemc
12 sept 2012
Occupied Lives: No Justice for My Son’s Death
Occupied Lives: No Justice for My Son’s Death
Saad al-Majdalawi 17
by Palestinian Centre for Human Rights/ Narratives
On Tuesday, 16 August 2011, Saad al-Majdalawi, a 17-year-old mentally disabled boy, died when he was targeted with live fire by Israel's forces positioned on the border between Nusseirat, in the central part of the Gaza Strip, and Israel. Saad was unarmed and posed no threat to Israeli soldiers when he was shot and killed.
Abdul Rahim al-Majdalawi last saw his son on Saturday, 12 August: "Saad left the house at around 8 p.m. He did not come back that night and we assumed he had gone to visit a relative or friend. The next day, he still had not come back, so we started looking for him. On Tuesday night, some of my relatives got news that a member of the al-Majdalawi family had been killed at the border and that the body was in Al-aqsa hospital. Nobody told me anything until 12 pm, so I went to the hospital when I heard the news from relatives and neighbors."
Abdul Rahim went to the morgue, afraid that it was his son who had been killed: "Saad usually left home for maybe a day when he went to see relatives and friends. He had never gone missing for 3 days before. This is why I went to the hospital to see which member of the al-Majdalawi family had been killed. I viewed the body and realized that it was my son Saad. He had a bullet hole at the top of his head and his nose had been torn off by bullets. There were more wounds on his chest, shoulder, leg and left elbow."
Abdul Rahim does not believe that Saad would have posed a threat to Israel's forces: "I do not know how far he had been from the border when he was killed, but Saad had never caused problems for anyone. He had never harmed anyone in the house or in the neighborhood, and yet he was dead. Up until now, it is really not clear to me what happened that night. I cannot even tell the total number of bullets that were in his body. He was alone when he was killed."
The death of Saad has been particularly hard for his father, given that they were very close: "Saad was in secondary school, but he dropped out because of his mental condition. He also had a speech impairment and was punished at school for it. He was very sociable though and liked interacting with people, even though sometimes they would laugh at him or even hit him when they heard him speak. This made him very depressed and increased his psychological problems. We had started seeking treatment for his mental condition a month before he got killed. I wanted better treatment for him. I understood his suffering and we were very close because of this. Now, he is gone."
The possibility of filing a legal complaint evokes strong emotions in Abdul Rahim: "What happened to my son still makes me sad. He is gone and nothing can change that. It is very hard for me to talk about it. He was respectful and always made us laugh. The house feels empty without him. His brothers miss him very much and they are still greatly affected by his death. I wanted the best for him. I don't believe anything will come out of a complaint or lawsuit. I do not want compensation and nobody can give me excuses for why they killed my son. I do not have faith in any legal procedures, because nobody can accuse Israel and nobody can prosecute them even when they are wrong. It is unfortunate, but nothing will come out of this."
On 21 September 2011, PCHR submitted a civil complaint to the Ministry of Defense, which so far has not lead to a positive outcome. Additionally, on 25 September 2011, PCHR submitted a criminal complaint to the Military Prosecutor of the Israeli military, which has been rejected on 07 May 2012. On behalf of the al-Majdalawi family, PCHR also submitted an Individual Complaint to the Special Rapporteur on extrajudicial, summary or arbitrary executions on 10 September 2012.
The targeting and killing of a child, a protected civilian, is a war crime, as codified in Articles 8(2)(a )(i) and 8(2)(b)(i) of the Rome Statute of the International Criminal Court.
by Palestinian Centre for Human Rights/ Narratives
On Tuesday, 16 August 2011, Saad al-Majdalawi, a 17-year-old mentally disabled boy, died when he was targeted with live fire by Israel's forces positioned on the border between Nusseirat, in the central part of the Gaza Strip, and Israel. Saad was unarmed and posed no threat to Israeli soldiers when he was shot and killed.
Abdul Rahim al-Majdalawi last saw his son on Saturday, 12 August: "Saad left the house at around 8 p.m. He did not come back that night and we assumed he had gone to visit a relative or friend. The next day, he still had not come back, so we started looking for him. On Tuesday night, some of my relatives got news that a member of the al-Majdalawi family had been killed at the border and that the body was in Al-aqsa hospital. Nobody told me anything until 12 pm, so I went to the hospital when I heard the news from relatives and neighbors."
Abdul Rahim went to the morgue, afraid that it was his son who had been killed: "Saad usually left home for maybe a day when he went to see relatives and friends. He had never gone missing for 3 days before. This is why I went to the hospital to see which member of the al-Majdalawi family had been killed. I viewed the body and realized that it was my son Saad. He had a bullet hole at the top of his head and his nose had been torn off by bullets. There were more wounds on his chest, shoulder, leg and left elbow."
Abdul Rahim does not believe that Saad would have posed a threat to Israel's forces: "I do not know how far he had been from the border when he was killed, but Saad had never caused problems for anyone. He had never harmed anyone in the house or in the neighborhood, and yet he was dead. Up until now, it is really not clear to me what happened that night. I cannot even tell the total number of bullets that were in his body. He was alone when he was killed."
The death of Saad has been particularly hard for his father, given that they were very close: "Saad was in secondary school, but he dropped out because of his mental condition. He also had a speech impairment and was punished at school for it. He was very sociable though and liked interacting with people, even though sometimes they would laugh at him or even hit him when they heard him speak. This made him very depressed and increased his psychological problems. We had started seeking treatment for his mental condition a month before he got killed. I wanted better treatment for him. I understood his suffering and we were very close because of this. Now, he is gone."
The possibility of filing a legal complaint evokes strong emotions in Abdul Rahim: "What happened to my son still makes me sad. He is gone and nothing can change that. It is very hard for me to talk about it. He was respectful and always made us laugh. The house feels empty without him. His brothers miss him very much and they are still greatly affected by his death. I wanted the best for him. I don't believe anything will come out of a complaint or lawsuit. I do not want compensation and nobody can give me excuses for why they killed my son. I do not have faith in any legal procedures, because nobody can accuse Israel and nobody can prosecute them even when they are wrong. It is unfortunate, but nothing will come out of this."
On 21 September 2011, PCHR submitted a civil complaint to the Ministry of Defense, which so far has not lead to a positive outcome. Additionally, on 25 September 2011, PCHR submitted a criminal complaint to the Military Prosecutor of the Israeli military, which has been rejected on 07 May 2012. On behalf of the al-Majdalawi family, PCHR also submitted an Individual Complaint to the Special Rapporteur on extrajudicial, summary or arbitrary executions on 10 September 2012.
The targeting and killing of a child, a protected civilian, is a war crime, as codified in Articles 8(2)(a )(i) and 8(2)(b)(i) of the Rome Statute of the International Criminal Court.
Mohammed Baraka, an Arab member in the Israeli Knesset, has criticized a new law passed by parliament, for making it impossible for Palestinians to take legal action against members of the Israeli security forces.
Baraka said in a statement on Friday that this law reflects the true extremist image of the Knesset, saying: “It legitimizes the Israeli occupation forces’ violations and the crimes they commit, and intend to commit, against Palestinians”.
He also warned that such a serious racial law “is the prelude to Israel committing even more illegal acts against the people of the occupied West Bank without being held accountable”.
“This is not the worst law endorsed by parliament recently, yet it reflects the severe lapse in ethical values by the Knesset and the head of the Constitution and Law Committee,” added Baraka, noting that such a law does not display any kind of humanitarian emotions or feelings.
“This kind of law reflects the illogical nature which dominates Israeli mentality, which sees crimes against humanity as legitimate,” he said.
He recalled other Israeli laws, some of which have been endorsed and some which are still at the draft stage, pointing out that they all target Palestinian individuals and society “while giving illegal Jewish settlers a free hand to commit whatever crimes they want”.
Baraka mentioned the tragedy of a Palestinian girl from the Gaza Strip who was paralyzed when her family car was hit by an Israeli rocket that killed a number of her relatives. “Why should she not have the right to seek compensation from those who carried out that attack?” he asked.
Baraka said in a statement on Friday that this law reflects the true extremist image of the Knesset, saying: “It legitimizes the Israeli occupation forces’ violations and the crimes they commit, and intend to commit, against Palestinians”.
He also warned that such a serious racial law “is the prelude to Israel committing even more illegal acts against the people of the occupied West Bank without being held accountable”.
“This is not the worst law endorsed by parliament recently, yet it reflects the severe lapse in ethical values by the Knesset and the head of the Constitution and Law Committee,” added Baraka, noting that such a law does not display any kind of humanitarian emotions or feelings.
“This kind of law reflects the illogical nature which dominates Israeli mentality, which sees crimes against humanity as legitimate,” he said.
He recalled other Israeli laws, some of which have been endorsed and some which are still at the draft stage, pointing out that they all target Palestinian individuals and society “while giving illegal Jewish settlers a free hand to commit whatever crimes they want”.
Baraka mentioned the tragedy of a Palestinian girl from the Gaza Strip who was paralyzed when her family car was hit by an Israeli rocket that killed a number of her relatives. “Why should she not have the right to seek compensation from those who carried out that attack?” he asked.
The High Court of Justice on Wednesday will hear a petition demanding an IDF criminal investigation into the January 1, 2011 death of a Palestinian woman while a demonstration was taking place in the West Bank village of Bil'in.
Jawaher Abu Rahmah died after having inhaled tear gas fired the previous day to disperse a demonstration staged in Bil'in to protest the separation fence in the village area.
Conflicting accounts of the cause of her death quickly surfaced: Family members insisted she died in a Ramallah hospital from tear gas inhalation, while the Israel Defense Forces alleged she never took part in the demonstration and died of a form of cancer.
Responding to the petition, the state is relying on a report compiled by the Civil Administration, which disputes accounts that the woman died of gas asphyxiation.
The Civil Administration report is appended to the state's response to a High Court petition filed by Bil'in's popular committee and Abu Rahmah's mother. The report notes that "the corpse was moved from the hospital's emergency care room directly to burial, which was carried out with relative quiet, without the agitation they tend to display for 'shahids'."
In the report, Civil Administration health coordinator Dalia Bassa writes: "The medical information we received was written out fully, in neat and clear handwriting - which is unusual with them, and which is confounding. Usually the medical information we receive from them is abbreviated, and written with a haste and carelessness that reflects occurrences such as these [Jawaher was brought in by ambulance to the intensive care unit] and we also receive X-rays ... the purpose being to prove the culpability of our soldiers."
The Abu Rahmah family's attorneys and the Bil'in popular committee state that "the insistence by the IDF's military advocate general even today, a year-and-a-half after Jawaher's tragic death, to prevent at any price a clarification of the facts of her unnecessary death, is disturbing and dangerous. The present disclosure that the decision was based in part on unprofessional impressions, and filled with the prejudiced opinions of the Civil Administration's health coordinator, casts an even darker shadow over the resistance to an investigation."
Jawaher Abu Rahmah died after having inhaled tear gas fired the previous day to disperse a demonstration staged in Bil'in to protest the separation fence in the village area.
Conflicting accounts of the cause of her death quickly surfaced: Family members insisted she died in a Ramallah hospital from tear gas inhalation, while the Israel Defense Forces alleged she never took part in the demonstration and died of a form of cancer.
Responding to the petition, the state is relying on a report compiled by the Civil Administration, which disputes accounts that the woman died of gas asphyxiation.
The Civil Administration report is appended to the state's response to a High Court petition filed by Bil'in's popular committee and Abu Rahmah's mother. The report notes that "the corpse was moved from the hospital's emergency care room directly to burial, which was carried out with relative quiet, without the agitation they tend to display for 'shahids'."
In the report, Civil Administration health coordinator Dalia Bassa writes: "The medical information we received was written out fully, in neat and clear handwriting - which is unusual with them, and which is confounding. Usually the medical information we receive from them is abbreviated, and written with a haste and carelessness that reflects occurrences such as these [Jawaher was brought in by ambulance to the intensive care unit] and we also receive X-rays ... the purpose being to prove the culpability of our soldiers."
The Abu Rahmah family's attorneys and the Bil'in popular committee state that "the insistence by the IDF's military advocate general even today, a year-and-a-half after Jawaher's tragic death, to prevent at any price a clarification of the facts of her unnecessary death, is disturbing and dangerous. The present disclosure that the decision was based in part on unprofessional impressions, and filled with the prejudiced opinions of the Civil Administration's health coordinator, casts an even darker shadow over the resistance to an investigation."
