Yesh Din
Volunteers for Human Rights
Parents of U.S. Citizen Shot in the Head Petitioned the HCJ: The Police Investigated the Wrong Suspects
Tristan Anderson was severly wounded in his forehead three years ago at the Ni'alin weekly protest by a direct aim fire of a tear gas canister, that resulted in permanent brain damage. His parents petitioned the HCJ demanding the completion of the investigation of the circumstances surrounding his serious wounding
Tuesday, March 13, 2012
The parents of Tristan Anderson, Nancy and Michael Anderson, petitioned today the High Court of Justice today (Tuesday, 03.13.2012), the third anniversary of their sons wounding, through the legal team of the human rights organization, Yesh Din. In the petition, a demand was made to conclude the investigation of the circumstances surrounding their sons serious wounding. It is suspected that the wound, from which he suffered permanent brain damage and other disabilities, is a result of a direct aim fire. Police only investigated the Border Patrol unit which confronted the demonstrators, and ignored the presence of an additional unit that was in the area. This additional force was, according to civilian witnesses, the one responsible for the firing of the fatal grenade.
Three years ago, residents of Ni'alin held a weekly protest against the construction of the security wall on village land. They were joined by activists from Israel and abroad, including Tristan Anderson who documented the protest with his camera. Towards the end of the demonstration, Tristan was watching the events unfold while standing in the area behind the village mosque, which is some considerable distance from where demonstrators were confronting Border Police. Suddenly, Tristan was hit in the forehead by a gas grenade which shattered his skull. Tristan fell to the ground covered in blood, and was taken to Tel HaShomer Hospital where he was hospitalized for over a year. As a result of his injuries, he now needs permanent nursing care.
An investigation was opened by the Judea and Samaria Police District following the incident in which the only unit questioned, under caution, and suspected of involvement in the wounding of Tristan was not even near where he was standing at the time, and could not have been responsible for his wounding. However, additional units who were also operating in Ni'alin at the time Tristan was hit and who, at the time of his injury, were close to the area where he was injured, were not questioned or investigated, despite the fact that the commander of two of these units admitted to using demonstration dispersal equipment including gas grenade launchers.
Following the botched investigation, in which the investigating team did not even bother to visit the scene of the incident, the case was closed. Tristan's parents appealed and demanded that the investigation be completed. Their appeal was accepted, but the investigation never led to an investigation of an additional Border Police unit that was at the scene. The case was closed even after another appeal, despite eye witness accounts from Palestinian and foreign civilians, as well as the revealing of a new video which clearly shows police officers firing at a small number of people (Palestinians and foreigners), most of whom were running away and trying to find cover. Moreover, the film clearly shows that the firing was direct and from close range, which was apparently in contradiction to orders relating to open fire.
In the petition it was claimed that, "A failure of such magnitude in a criminal investigation should not occur when the suspicion is minor and the damage small; this is even truer when the suspicion is of a serious offence which only by a miracle did not result in death, but did change the life of the injured person and their family forever."
According to the petitioners' legal counsel on behalf of Yesh Din, Advs. Michael Sfard and Emily Schaeffer: "Before us is an extreme case of police negligence. The minimum expected of an investigative body in a shooting case is that its investigators familiarize themselves with the scene of the shooting such that they can identify from where the shooting took place. In the present case, despite the fact that the investigators' and prosecution's attention was drawn twice to the fact that the wrong security forces were interrogated, the law enforcement authorities refuse to question the true suspects."
Nancy and Michael Anderson said: “When our son, Tristan Anderson, was shot with a high velocity tear gas canister, he suffered severe traumatic brain injuries. He will live the rest of his life with serious mental and physical limitations and chronic pain. This has devastated his life and profoundly effected our family forever. And yet, to this day, the border police unit that was in firing range of Tristan has never even been questioned, so there has never been a professional, effective investigation of Tristan's shooting. We live with the consequences minute by minute while whoever shot him remains unaccountable and justice is not served.”
Three years ago, residents of Ni'alin held a weekly protest against the construction of the security wall on village land. They were joined by activists from Israel and abroad, including Tristan Anderson who documented the protest with his camera. Towards the end of the demonstration, Tristan was watching the events unfold while standing in the area behind the village mosque, which is some considerable distance from where demonstrators were confronting Border Police. Suddenly, Tristan was hit in the forehead by a gas grenade which shattered his skull. Tristan fell to the ground covered in blood, and was taken to Tel HaShomer Hospital where he was hospitalized for over a year. As a result of his injuries, he now needs permanent nursing care.
An investigation was opened by the Judea and Samaria Police District following the incident in which the only unit questioned, under caution, and suspected of involvement in the wounding of Tristan was not even near where he was standing at the time, and could not have been responsible for his wounding. However, additional units who were also operating in Ni'alin at the time Tristan was hit and who, at the time of his injury, were close to the area where he was injured, were not questioned or investigated, despite the fact that the commander of two of these units admitted to using demonstration dispersal equipment including gas grenade launchers.
Following the botched investigation, in which the investigating team did not even bother to visit the scene of the incident, the case was closed. Tristan's parents appealed and demanded that the investigation be completed. Their appeal was accepted, but the investigation never led to an investigation of an additional Border Police unit that was at the scene. The case was closed even after another appeal, despite eye witness accounts from Palestinian and foreign civilians, as well as the revealing of a new video which clearly shows police officers firing at a small number of people (Palestinians and foreigners), most of whom were running away and trying to find cover. Moreover, the film clearly shows that the firing was direct and from close range, which was apparently in contradiction to orders relating to open fire.
In the petition it was claimed that, "A failure of such magnitude in a criminal investigation should not occur when the suspicion is minor and the damage small; this is even truer when the suspicion is of a serious offence which only by a miracle did not result in death, but did change the life of the injured person and their family forever."
According to the petitioners' legal counsel on behalf of Yesh Din, Advs. Michael Sfard and Emily Schaeffer: "Before us is an extreme case of police negligence. The minimum expected of an investigative body in a shooting case is that its investigators familiarize themselves with the scene of the shooting such that they can identify from where the shooting took place. In the present case, despite the fact that the investigators' and prosecution's attention was drawn twice to the fact that the wrong security forces were interrogated, the law enforcement authorities refuse to question the true suspects."
Nancy and Michael Anderson said: “When our son, Tristan Anderson, was shot with a high velocity tear gas canister, he suffered severe traumatic brain injuries. He will live the rest of his life with serious mental and physical limitations and chronic pain. This has devastated his life and profoundly effected our family forever. And yet, to this day, the border police unit that was in firing range of Tristan has never even been questioned, so there has never been a professional, effective investigation of Tristan's shooting. We live with the consequences minute by minute while whoever shot him remains unaccountable and justice is not served.”