18 may 2015
Yesh Din claims that investigations into complaints from Palestinians are rarely opened and followed up on even less.
Israeli settlers enjoy widespread impunity in crimes on Palestinians in the West Bank, according to a report from an Israeli organization for the defense of Human Rights on Monday.
According to Yesh Din, 85.3% of Palestinian complaints are closed without further action due to the inability of investigators to arrest suspects or to gather enough evidence to file an indictment.
Only 7.4% of complaints leading to indictments against suspects and only a third of these proceedings result in a conviction. In the end, says the NGO, "the probability that a complaint filed by a Palestinian from the Israeli police will lead to an effective investigation; the arrest of a suspect and his judgment is just 1.8%".
"The report reveals a disturbing picture of the conduct of law enforcement in general and the police in particular, in the field of ideological crimes (violence, property damage, seizure of land and others)," said Yesh Din. In the West Bank, Israeli settlements and Palestinian villages are sometimes just a few hundred meters from one another, particularly in "Area C" under Israeli civil and military control where, according to the UN, 298,000 Palestinians and 341,000 Israelis live in 135 settlements and hundreds of outposts.
Israeli settlers enjoy widespread impunity in crimes on Palestinians in the West Bank, according to a report from an Israeli organization for the defense of Human Rights on Monday.
According to Yesh Din, 85.3% of Palestinian complaints are closed without further action due to the inability of investigators to arrest suspects or to gather enough evidence to file an indictment.
Only 7.4% of complaints leading to indictments against suspects and only a third of these proceedings result in a conviction. In the end, says the NGO, "the probability that a complaint filed by a Palestinian from the Israeli police will lead to an effective investigation; the arrest of a suspect and his judgment is just 1.8%".
"The report reveals a disturbing picture of the conduct of law enforcement in general and the police in particular, in the field of ideological crimes (violence, property damage, seizure of land and others)," said Yesh Din. In the West Bank, Israeli settlements and Palestinian villages are sometimes just a few hundred meters from one another, particularly in "Area C" under Israeli civil and military control where, according to the UN, 298,000 Palestinians and 341,000 Israelis live in 135 settlements and hundreds of outposts.
While details remain under gag order, police chief Danino claims 'one of the biggest' investigations in Israel's history.
Israel police announced Monday morning that a massive investigation into central crime organizations led to the arrest of some 50 individuals. Police claimed that the arrests are connected to several of the worst murders that have happened over the last couple of years.
Police Chief Yohanan Danino spoke earlier in the morning at a conference of the Israel Bar Association in Eilat, stating that, "One of the biggest and most important investigations that Israel has ever conducted in the field of organized crime will be reported in the coming days." Danino said that he could not explain further as the issue remains largely under gag order.
In recent years, criminal organization were responsible for a series of serious incidents including killings and criminal attacks that rocked the country and remain unsolved to this day.
Danino praised the Israel Police saying, "We've seen a dramatic decrease in crime. Serious and organized crime as well as murders were at their lowest levels in two decades as were robberies and criminal shootings."
"You're not reading all of these things," said Danino. "Last week I read a headline: Every three days someone is murdered in Israel. In the subhead: The good news is that this is the lowest number in the last two decades." Danino said that the murder rate in the US is 4.5 times higher than Israel of every 1000 residents. During the last year, he said, there were even fewer murders in Israel than in Switzerland.
Danino also said that the effort against organized crime includes attacking funding of the criminals, an effort he says he's worked on his entire career. "Last year we laid our hands on NIS 434 million in the fight against criminals in Israel. We've invested a lot in serving the public."
"It's important for you to know that you have quality police," continued Danino. "For whoever wants, I'll show him the evidence outside. I all the evidence and it's enough for you to see the telephone calls I get from police chiefs around the world."
Israel police announced Monday morning that a massive investigation into central crime organizations led to the arrest of some 50 individuals. Police claimed that the arrests are connected to several of the worst murders that have happened over the last couple of years.
Police Chief Yohanan Danino spoke earlier in the morning at a conference of the Israel Bar Association in Eilat, stating that, "One of the biggest and most important investigations that Israel has ever conducted in the field of organized crime will be reported in the coming days." Danino said that he could not explain further as the issue remains largely under gag order.
In recent years, criminal organization were responsible for a series of serious incidents including killings and criminal attacks that rocked the country and remain unsolved to this day.
Danino praised the Israel Police saying, "We've seen a dramatic decrease in crime. Serious and organized crime as well as murders were at their lowest levels in two decades as were robberies and criminal shootings."
"You're not reading all of these things," said Danino. "Last week I read a headline: Every three days someone is murdered in Israel. In the subhead: The good news is that this is the lowest number in the last two decades." Danino said that the murder rate in the US is 4.5 times higher than Israel of every 1000 residents. During the last year, he said, there were even fewer murders in Israel than in Switzerland.
Danino also said that the effort against organized crime includes attacking funding of the criminals, an effort he says he's worked on his entire career. "Last year we laid our hands on NIS 434 million in the fight against criminals in Israel. We've invested a lot in serving the public."
"It's important for you to know that you have quality police," continued Danino. "For whoever wants, I'll show him the evidence outside. I all the evidence and it's enough for you to see the telephone calls I get from police chiefs around the world."
14 may 2015
Citing Shas leader's conviction for bribe-taking, Yehuda Weinstein says prime minister should consider the legal implications and possible damage to government's integrity; AG also raises lesser concerns over appointment of Yoav Galant.
Before the 34th government can be sworn in on Thursday evening, it has one more obstacle to overcome. Attorney General Yehuda Weinstein told Prime Minister Benjamin Netanyahu that it would be difficult to defend a Supreme Court petition against the appointments of Shas leader Aryeh Deri as economy minister and Kulanu MK Yoav Galant as construction minister.
Deri was convicted of taking $155,000 in bribes while serving as interior minister and served 22 months of a three-year jail sentence in 2000. He was released early due to good behavior. Weinstein dedicated 23 pages to Deri in his legal opinion, writing that after examining the legal and factual issues relating to the Shas leader, he found that it is possible to legally interpret that there is no impediment to Deri's appointment. But he did stress that there were valid concerns over Deri's "criminal past."
"This is a decision that evokes legal difficulties given Deri's criminal past, which weighs him down, and the possible damage that could be done to the public trust and the virtue and integrity of government activity as result of Deri's appointment," Weinstein said.
The attorney general asked the prime minister to consider the legal implications and take them into account. Weinstein stated that Deri does legally qualify to serve again as minister, but added that the Supreme Court ruled in the past that discretion can also be used in such cases. He noted it was not clear that Deri's case fell within the margin of government discretion. "Legal qualification and discretion should each be considered separately," the attorney general wrote, saying it was Netanyahu's responsibility to use such discretion.
He went on to say that the variety, accumulation and length of legal affairs Deri was involved in over the years present "a very grim picture."
Weinstein stated that Deri "is not one who tripped once and then immediately returned to the straight and narrow, or one who only slightly deviated from the path. He is one who acted unlawfully under the guise of 'private activity' and without consideration for his public office. He also did not recognize his sins nor take responsibility for his actions."
He pointed to the Supreme Court's comments on Deri, which determined that if one who took bribes served as minister, there would be "far-reaching consequences to the nature of governance in Israel, its good faith and fairness." To Deri's credit, Weinstein noted the passage of time, the fact Deri was elected to the Knesset by the public and stressed the prime minister's right to take into account the necessity of the appointment to the government, the stability of the government and its ability to meet its tasks.
Weinstein also said that if Deri is appointed economy minister, it would be easier "to some extent" if the authority to appoint judges to the Labor Courts was stripped from him. He also stated that the appointment of Deri to any specific ministry could raise additional difficulties that might require further examination. Weinstein said the offenses of which Deri was convicted, including bribery, are some of the gravest offenses in the area of government corruption.
These offenses harm the governing structure "and there is no doubt they carry moral turpitude." Deri, Weinstein said, "took advantage of his status and position to embezzle public funds and look after his own interests and those of his close allies... he adopted a criminal lifestyle." The attorney general pointed to the grave comments made by the Supreme Court about Deri during his appeal. He said the gravity of Deri's offenses, their essence and their accumulation "all show, based on the standards set in the ruling, that Deri's criminal past should hold considerable sway in the decision to appoint him to public office."
Regarding Galant, the attorney general stated that the three lands affairs in which he was involved, on the basis of which his appointment to IDF chief of staff was revoked, do not pose an obstacle to his appointment as a minister, nor particularly to the construction minister.
However, Weinstein noted the appointment was not free of difficulties, especially in the public arena, stating that if the proposition to strip the Construction Ministry of the responsibility over the Israel Land Council is accepted, it would ease the difficulties.
Weinstein stated that Galant unlawfully used public open spaces, and in some cases misrepresented the facts. Galant, he said, relied on "the power of the authority that came with his position in order to promote personal affairs." To Galant's credit, Weinstein wrote that he was not indicted, a long period of time had passed since the suspicions against Galant arose, the shortcomings were corrected, his appointment to chief of staff was revoked, and one could assume Galant understood the error of his ways.
The Shas party said that it "accepts with satisfaction the attorney general's legal opinion, which clearly determines there is no legal obstacle to the appointment of chairman Rabbi Aryeh Deri as economy minister.
"We welcome the respect to the voter's will and the election results. Furthermore, the events at the base of the legal proceedings in question happened over 30 years ago. Shas welcomes the prime minister's intention to complete the formation of the government without haste in order to handle the urgent needs of the state."
Before the 34th government can be sworn in on Thursday evening, it has one more obstacle to overcome. Attorney General Yehuda Weinstein told Prime Minister Benjamin Netanyahu that it would be difficult to defend a Supreme Court petition against the appointments of Shas leader Aryeh Deri as economy minister and Kulanu MK Yoav Galant as construction minister.
Deri was convicted of taking $155,000 in bribes while serving as interior minister and served 22 months of a three-year jail sentence in 2000. He was released early due to good behavior. Weinstein dedicated 23 pages to Deri in his legal opinion, writing that after examining the legal and factual issues relating to the Shas leader, he found that it is possible to legally interpret that there is no impediment to Deri's appointment. But he did stress that there were valid concerns over Deri's "criminal past."
"This is a decision that evokes legal difficulties given Deri's criminal past, which weighs him down, and the possible damage that could be done to the public trust and the virtue and integrity of government activity as result of Deri's appointment," Weinstein said.
The attorney general asked the prime minister to consider the legal implications and take them into account. Weinstein stated that Deri does legally qualify to serve again as minister, but added that the Supreme Court ruled in the past that discretion can also be used in such cases. He noted it was not clear that Deri's case fell within the margin of government discretion. "Legal qualification and discretion should each be considered separately," the attorney general wrote, saying it was Netanyahu's responsibility to use such discretion.
He went on to say that the variety, accumulation and length of legal affairs Deri was involved in over the years present "a very grim picture."
Weinstein stated that Deri "is not one who tripped once and then immediately returned to the straight and narrow, or one who only slightly deviated from the path. He is one who acted unlawfully under the guise of 'private activity' and without consideration for his public office. He also did not recognize his sins nor take responsibility for his actions."
He pointed to the Supreme Court's comments on Deri, which determined that if one who took bribes served as minister, there would be "far-reaching consequences to the nature of governance in Israel, its good faith and fairness." To Deri's credit, Weinstein noted the passage of time, the fact Deri was elected to the Knesset by the public and stressed the prime minister's right to take into account the necessity of the appointment to the government, the stability of the government and its ability to meet its tasks.
Weinstein also said that if Deri is appointed economy minister, it would be easier "to some extent" if the authority to appoint judges to the Labor Courts was stripped from him. He also stated that the appointment of Deri to any specific ministry could raise additional difficulties that might require further examination. Weinstein said the offenses of which Deri was convicted, including bribery, are some of the gravest offenses in the area of government corruption.
These offenses harm the governing structure "and there is no doubt they carry moral turpitude." Deri, Weinstein said, "took advantage of his status and position to embezzle public funds and look after his own interests and those of his close allies... he adopted a criminal lifestyle." The attorney general pointed to the grave comments made by the Supreme Court about Deri during his appeal. He said the gravity of Deri's offenses, their essence and their accumulation "all show, based on the standards set in the ruling, that Deri's criminal past should hold considerable sway in the decision to appoint him to public office."
Regarding Galant, the attorney general stated that the three lands affairs in which he was involved, on the basis of which his appointment to IDF chief of staff was revoked, do not pose an obstacle to his appointment as a minister, nor particularly to the construction minister.
However, Weinstein noted the appointment was not free of difficulties, especially in the public arena, stating that if the proposition to strip the Construction Ministry of the responsibility over the Israel Land Council is accepted, it would ease the difficulties.
Weinstein stated that Galant unlawfully used public open spaces, and in some cases misrepresented the facts. Galant, he said, relied on "the power of the authority that came with his position in order to promote personal affairs." To Galant's credit, Weinstein wrote that he was not indicted, a long period of time had passed since the suspicions against Galant arose, the shortcomings were corrected, his appointment to chief of staff was revoked, and one could assume Galant understood the error of his ways.
The Shas party said that it "accepts with satisfaction the attorney general's legal opinion, which clearly determines there is no legal obstacle to the appointment of chairman Rabbi Aryeh Deri as economy minister.
"We welcome the respect to the voter's will and the election results. Furthermore, the events at the base of the legal proceedings in question happened over 30 years ago. Shas welcomes the prime minister's intention to complete the formation of the government without haste in order to handle the urgent needs of the state."
8 may 2015
Attorney Ruth David
Police claims former Tel Aviv district attorney Ruth David staged her fainting spell; David is suspected of obstruction of justice in case against well-known Israeli attorney Ronel Fisher.
Former Tel Aviv district attorney Ruth David, who is suspected of obstruction of justice and in facilitating bribes in the Ronel Fisher affair, fainted at the entrance to the court on Friday ahead of her remand extension hearing.
She received medical treatment on the scene, and then taken to the Shaare Zedek Medical Center. Ronel Fisher, a well-known Israeli attorney, is suspected of bribing police in return for information to help his clients.
The investigation into Fisher has led to a spate of arrests, including attorney Ruth David, former Maariv publisher Ofer Nimrodi and an as-yet unnamed businessman from a major company.
The hearing began in David's absence and a representative of the Police Investigate Unit, Dror Ta Shema, claimed David faked her fainting spell and that in the past, she told other suspects in the affair to do the same. "The suspect fainted at the entrance to the court and was evacuated based on the recommendation of the medic who treated her," the police representative said. "This is likely an anxiety attack. Under these circumstances, I am compelled to tell the court that we believe this is an attempt to thwart the current remand extension."
David's attorney, Yair Golan, said the police's claims were outrageous. "Attorney Ruth David, who finds herself in a very difficult situation, fainted at the entrance to the court in the presence of journalists, police investigators and a large crowd of people," Golan said.
"The paramedic said she lost consciousness … I tried to make her talk and I could not understand her." The police requested the court to extend David's remand in four additional days, until Monday. Judge Shmuel Herbst decided to postpone the hearing, demanding David's attorney to present a medical document indicating her condition.
David is suspected of cooperating with Fisher in at least one case while she was in public office. In addition, David was allegedly one of those who enjoyed the $150,000 Fisher gave Alon Hassan. The police internal investigations department suspects that she was involved in contacts with business people under investigation, and is suspected of leaking information that she received from Fisher.
The investigation into her conduct began after approval from State Prosecutor Shai Nitzan. David held senior posts in the Justice Ministry and was involved in the decision-making process for sensitive cases. She now works as a lawyer in a private practice and in recent years had business ties to Fisher. According to a state witness, and information taken from Fisher's cell phone by police, she was also allegedly involved in some of the illegal activity committed by Fisher.
This week, Fisher had his remand extended by five days. Eran Malka, a retired police superintendant from the national fraud squad arrested for his alleged role in the affair, also had his remand extended. The investigation is also focusing on a judge, who according to Malka, had a troubling connection to Fisher.
Police claims former Tel Aviv district attorney Ruth David staged her fainting spell; David is suspected of obstruction of justice in case against well-known Israeli attorney Ronel Fisher.
Former Tel Aviv district attorney Ruth David, who is suspected of obstruction of justice and in facilitating bribes in the Ronel Fisher affair, fainted at the entrance to the court on Friday ahead of her remand extension hearing.
She received medical treatment on the scene, and then taken to the Shaare Zedek Medical Center. Ronel Fisher, a well-known Israeli attorney, is suspected of bribing police in return for information to help his clients.
The investigation into Fisher has led to a spate of arrests, including attorney Ruth David, former Maariv publisher Ofer Nimrodi and an as-yet unnamed businessman from a major company.
The hearing began in David's absence and a representative of the Police Investigate Unit, Dror Ta Shema, claimed David faked her fainting spell and that in the past, she told other suspects in the affair to do the same. "The suspect fainted at the entrance to the court and was evacuated based on the recommendation of the medic who treated her," the police representative said. "This is likely an anxiety attack. Under these circumstances, I am compelled to tell the court that we believe this is an attempt to thwart the current remand extension."
David's attorney, Yair Golan, said the police's claims were outrageous. "Attorney Ruth David, who finds herself in a very difficult situation, fainted at the entrance to the court in the presence of journalists, police investigators and a large crowd of people," Golan said.
"The paramedic said she lost consciousness … I tried to make her talk and I could not understand her." The police requested the court to extend David's remand in four additional days, until Monday. Judge Shmuel Herbst decided to postpone the hearing, demanding David's attorney to present a medical document indicating her condition.
David is suspected of cooperating with Fisher in at least one case while she was in public office. In addition, David was allegedly one of those who enjoyed the $150,000 Fisher gave Alon Hassan. The police internal investigations department suspects that she was involved in contacts with business people under investigation, and is suspected of leaking information that she received from Fisher.
The investigation into her conduct began after approval from State Prosecutor Shai Nitzan. David held senior posts in the Justice Ministry and was involved in the decision-making process for sensitive cases. She now works as a lawyer in a private practice and in recent years had business ties to Fisher. According to a state witness, and information taken from Fisher's cell phone by police, she was also allegedly involved in some of the illegal activity committed by Fisher.
This week, Fisher had his remand extended by five days. Eran Malka, a retired police superintendant from the national fraud squad arrested for his alleged role in the affair, also had his remand extended. The investigation is also focusing on a judge, who according to Malka, had a troubling connection to Fisher.
6 may 2015
Former official suspected of leaking information to Ronel Fisher during her tenure at Justice Ministry.
An investigation into a well-known Israeli attorney suspected of bribing police in return for information to help his clients, led Wednesday to the arrest of a former senior official in the Justice Ministry.
The investigation into attorney Ronel Fisher has led to a spate of arrests, including former Maariv publisher Ofer Nimrodi and an as-yet unnamed businessman from a major company.
The former Justice Ministry official, who worked at the State Prosecutor's Office, had a regular working relationship with a high-ranking lawyer. According to suspicions, she was directly involved in some of the alleged crimes, and is suspected of obstruction of justice and other violations of integrity.
The police internal investigations department suspects that she was involved in contacts with business people under investigation, and is suspected of leaking information that she received from Fisher. The investigation into her conduct began after approval from State Prosecutor Shai Nitzan.
The suspect held senior posts in the Justice Ministry and was involved in the decision-making process for sensitive cases. She now works as a lawyer in a private practice and in recent years had business ties to Fisher.
According to a state witness, and information taken from Fisher's cell phone by police, she was also allegedly involved in some of the illegal activity committed by Fisher. A decision on whether to extend her remand was to be made Wednesday.
This week, Fisher had his remand extended by five days. Eran Malka, a retired police superintendant from the national fraud squad arrested for his alleged role in the affair, also had his remand extended. The investigation is also focusing on a judge, who according to Malka, had a troubling connection to Fisher.
An investigation into a well-known Israeli attorney suspected of bribing police in return for information to help his clients, led Wednesday to the arrest of a former senior official in the Justice Ministry.
The investigation into attorney Ronel Fisher has led to a spate of arrests, including former Maariv publisher Ofer Nimrodi and an as-yet unnamed businessman from a major company.
The former Justice Ministry official, who worked at the State Prosecutor's Office, had a regular working relationship with a high-ranking lawyer. According to suspicions, she was directly involved in some of the alleged crimes, and is suspected of obstruction of justice and other violations of integrity.
The police internal investigations department suspects that she was involved in contacts with business people under investigation, and is suspected of leaking information that she received from Fisher. The investigation into her conduct began after approval from State Prosecutor Shai Nitzan.
The suspect held senior posts in the Justice Ministry and was involved in the decision-making process for sensitive cases. She now works as a lawyer in a private practice and in recent years had business ties to Fisher.
According to a state witness, and information taken from Fisher's cell phone by police, she was also allegedly involved in some of the illegal activity committed by Fisher. A decision on whether to extend her remand was to be made Wednesday.
This week, Fisher had his remand extended by five days. Eran Malka, a retired police superintendant from the national fraud squad arrested for his alleged role in the affair, also had his remand extended. The investigation is also focusing on a judge, who according to Malka, had a troubling connection to Fisher.
The Israeli Information Center for Human Rights in Occupied Territories (B'Tselem) appealed Tuesday to the Israeli State Attorney’s Office against closing investigative files in case of Milad ‘Ayash, 17, who was killed by Israeli gunfire in 2011.
Milad Ayash, 17, was hit by a live bullet during a protest against Israeli occupation forces on May 13, 2011.
"Ayash, a 12th grader at Kuliyat Sakhnin, died of his wounds the next day."
B'Tselem’s investigation showed that the fatal shot was fired from the Beit Yehonatan settlement, a one-building settlement located in Silwan. The incident was investigated both by the Department for the Investigation of Police (DIP), for possible involvement of police officers in the shooting, and by the Israel Police for possible involvement of Beit Yehonatan security guards and residents. Both investigations were closed on the grounds of “perpetrator unknown.”
Since 2012, B'Tselem has tried time and again to secure information from the authorities regarding the investigation, yet received only vague replies. The fact that the incident was being investigated by two separate entities added to the lack of clarity.
"The decision to close both investigations without even ascertaining the identity of the shooter along with the negligent manner in which the investigations were conducted evince disregard by Israeli authorities for Palestinian lives," the organization concluded.
Milad remains on of hundreds even thousands of Palestinians murdered by Israelis who always kill with impunity.
Milad Ayash, 17, was hit by a live bullet during a protest against Israeli occupation forces on May 13, 2011.
"Ayash, a 12th grader at Kuliyat Sakhnin, died of his wounds the next day."
B'Tselem’s investigation showed that the fatal shot was fired from the Beit Yehonatan settlement, a one-building settlement located in Silwan. The incident was investigated both by the Department for the Investigation of Police (DIP), for possible involvement of police officers in the shooting, and by the Israel Police for possible involvement of Beit Yehonatan security guards and residents. Both investigations were closed on the grounds of “perpetrator unknown.”
Since 2012, B'Tselem has tried time and again to secure information from the authorities regarding the investigation, yet received only vague replies. The fact that the incident was being investigated by two separate entities added to the lack of clarity.
"The decision to close both investigations without even ascertaining the identity of the shooter along with the negligent manner in which the investigations were conducted evince disregard by Israeli authorities for Palestinian lives," the organization concluded.
Milad remains on of hundreds even thousands of Palestinians murdered by Israelis who always kill with impunity.
5 may 2015
Police closes investigation into shooting of 22 year-old Khair Hamdan last year, saying evidence shows officers acted in self defense.
The Police Investigation Unit announced Tuesday that it would close the investigation into a police officer who shot and killed Khair Hamdan, a resident of Kafr Kanna, last year – an incident which led to major rioting and violence in the area.
The police found during the investigation that an officer who was driving the police patrol vehicle was the one who shot Hamdan, 22, and not another officer who was seen in a video of the incident holding a gun pointed at Hamdan.
Before he was shot, Hamdan was seen in the footage approaching the patrol car with a large kitchen knife in his hand – 29 cm long – and calling out "Allahu Akbar".
During the investigation, several aspects of the incident were investigated. Officers thoroughly examined security footage of the event, sought out witnesses - including village residents and the victim's family - and gathered expert testimony.
According to the investigation's report, a police patrol arrived at the village on November 8, 2014, in order to arrest a man suspected of throwing a grenade. During the arrest, another young man, most likely Hamdan, attacked police outside the home of the suspect.
The young man resisted police orders to leave the area and continued approaching them with the intention of attacking them, according to police findings. A police officer then shoved the man and when that did not work, another officer sprayed him with pepper spray.
The investigation further revealed that after the first suspect was arrested and put inside the patrol car, the police continued on to the home of a second suspect they planned to arrest, but got lost on the way and ended up back in the area near the home of the first suspect. It was then that Hamdan ran towards the patrol car with a knife in his hand.
Hamdan hit the window of the patrol car with the knife several times and tried to open the doors. One of the officers then opened one of the car doors and fired a shot in the air. According to the report, Hamdan was not scared off by the shot and only got more violent and began hitting the car door window from which the officer fired the shot in the air. At this point, another officer exited the vehicle and approached Hamdan.
The officer had his gun out and Hamdan took a few steps back while still holding the knife in his hand, despite the officer's orders to calm down and drop the knife. Meanwhile, the officer driving the car stuck his body out of the car and pointed his gun at Hamdan.
The driver said he believed that his fellow police officer, who was standing outside in front of Hamdan, was going to get hurt, "a belief that was based on the fact that the deceased had acted maniacally during the event," the report noted. The officer who fired the shot that killed Hamdan said that his fellow officer was very close to Hamdan, who was still holding a knife, and therefore fired one shot at him, which caused Hamdan to collapse. Hamdan later died of his wounds.
The entire incident lasted 13 minutes.
"In these types of situations, a mistake in judgment is not a basis for a criminal offense," the report said.
According to testimony from the other police officers and from a relative of Hamdan's who was inside the police vehicle, as well as an analysis of communications between the police and Magen David Adom paramedics, the report found no issues in the evacuation of Hamdan's body from the scene to an ambulance and later to a hospital.
"An analysis of the evidence shows that the shooting falls under the definition of self-defense. The analysis further shows that due to the special circumstances of the incident, there isn't a reasonable suspicion of a criminal offense by the police officer, who operated in the heat of the moment, in a complex situation and had to make a quick decision in an ongoing incident, which only lasted a couple of seconds, while his life was at risk. Therefore, as stated, it was decided to shelve the investigation."
Hamdan's family members were unconvinced by the police's explanations. "This isn't the first time they close a case like this, but in our case there's documentation that verifies the officer's actions - he shot my son and killed him," Hamdan's father said.
"They claimed that my son the shahid posed a threat to the policemen's lives. That is a lie. There was no danger. They murdered him in cold blood. If he was Jewish, they wouldn't have shot him," the father added.
The Police Investigation Unit announced Tuesday that it would close the investigation into a police officer who shot and killed Khair Hamdan, a resident of Kafr Kanna, last year – an incident which led to major rioting and violence in the area.
The police found during the investigation that an officer who was driving the police patrol vehicle was the one who shot Hamdan, 22, and not another officer who was seen in a video of the incident holding a gun pointed at Hamdan.
Before he was shot, Hamdan was seen in the footage approaching the patrol car with a large kitchen knife in his hand – 29 cm long – and calling out "Allahu Akbar".
During the investigation, several aspects of the incident were investigated. Officers thoroughly examined security footage of the event, sought out witnesses - including village residents and the victim's family - and gathered expert testimony.
According to the investigation's report, a police patrol arrived at the village on November 8, 2014, in order to arrest a man suspected of throwing a grenade. During the arrest, another young man, most likely Hamdan, attacked police outside the home of the suspect.
The young man resisted police orders to leave the area and continued approaching them with the intention of attacking them, according to police findings. A police officer then shoved the man and when that did not work, another officer sprayed him with pepper spray.
The investigation further revealed that after the first suspect was arrested and put inside the patrol car, the police continued on to the home of a second suspect they planned to arrest, but got lost on the way and ended up back in the area near the home of the first suspect. It was then that Hamdan ran towards the patrol car with a knife in his hand.
Hamdan hit the window of the patrol car with the knife several times and tried to open the doors. One of the officers then opened one of the car doors and fired a shot in the air. According to the report, Hamdan was not scared off by the shot and only got more violent and began hitting the car door window from which the officer fired the shot in the air. At this point, another officer exited the vehicle and approached Hamdan.
The officer had his gun out and Hamdan took a few steps back while still holding the knife in his hand, despite the officer's orders to calm down and drop the knife. Meanwhile, the officer driving the car stuck his body out of the car and pointed his gun at Hamdan.
The driver said he believed that his fellow police officer, who was standing outside in front of Hamdan, was going to get hurt, "a belief that was based on the fact that the deceased had acted maniacally during the event," the report noted. The officer who fired the shot that killed Hamdan said that his fellow officer was very close to Hamdan, who was still holding a knife, and therefore fired one shot at him, which caused Hamdan to collapse. Hamdan later died of his wounds.
The entire incident lasted 13 minutes.
"In these types of situations, a mistake in judgment is not a basis for a criminal offense," the report said.
According to testimony from the other police officers and from a relative of Hamdan's who was inside the police vehicle, as well as an analysis of communications between the police and Magen David Adom paramedics, the report found no issues in the evacuation of Hamdan's body from the scene to an ambulance and later to a hospital.
"An analysis of the evidence shows that the shooting falls under the definition of self-defense. The analysis further shows that due to the special circumstances of the incident, there isn't a reasonable suspicion of a criminal offense by the police officer, who operated in the heat of the moment, in a complex situation and had to make a quick decision in an ongoing incident, which only lasted a couple of seconds, while his life was at risk. Therefore, as stated, it was decided to shelve the investigation."
Hamdan's family members were unconvinced by the police's explanations. "This isn't the first time they close a case like this, but in our case there's documentation that verifies the officer's actions - he shot my son and killed him," Hamdan's father said.
"They claimed that my son the shahid posed a threat to the policemen's lives. That is a lie. There was no danger. They murdered him in cold blood. If he was Jewish, they wouldn't have shot him," the father added.
