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Border police officer who shot a Palestinian boy charged with negligent manslaughter
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The Israeli central district prosecution filed on May 25th, 2010 an indictment for negligent manslaughter against a retired border policeman suspected of shooting a 10 year old Palestinian boy after a demonstration against the construction of the separation barrier in the West Bank.
The boy, Ahmed Moussa, of the village of Ni'ilin, west of Ramallah, was killed after clashes erupted between Israeli security forces and residents who protested against the construction of the separation barrier on their lands. Witnesses to the incident told researchers of human rights groups B’Tselem and Yesh Din that Moussa was struck by a bullet fired by the Israeli security forces. The doctors in the Ramallah hospital where Moussa was treated said he was killed from a bullet injury to his head.
After B’Tselem and Yesh Din appealed to the authorities, the Judea and Samaria police started an investigation. An IDF-Border Police operational debriefing concluded that the boy's death was caused by Israeli fire. In his interrogation, the police officer suspected of shooting Moussa admitted he fired some warning shots to scare off the demonstrators. In February, the prosecution announced the suspect will be indicted with negligent manslaughter, pending a hearing. In the hearing, the defendant's claims were rejected, and today charges were pressed against him.
According to Yesh Din's data, since the start of the second Intifada, only a few indictments were filed against Israeli security personnel who were involved in incidents in which Palestinians have been killed. Out of those, only a fraction resulted in convictions.
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HJC issues order asking the state to explain why an illegally-built park in Modiin Ilit isn't demolished
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The Israeli High Court of Justice (HCJ) issued an interlocutory order on June 29, 2010 asking the state to explain within 60 days "why it wouldn't take all necessary measures to execute the demolition orders" of a park in Modi'in Ilit.
A little over a year ago, on April 22, 2009, Palestinian residents of Na’alin filed a petition to the High Court of Justice assisted by human rights group Yesh Din. The petition requested implementation of demolition orders issued for the park, built at the entrance to the West Bank settlement of Modi'in Ilit.
The park was built in part on private lands belonging to the petitioners, the brothers Muhammad and Hamed Alhawaja, and includes some 22 acres of lawns, strolling paths, playground facilities and an amphitheater. Its construction lasted five years, from 2002 to 2007.
The Civil Administration issued cease-work orders and demolition orders for the site in 2006, but ten months later, in May 2007, has yet to enforce them. That month, it announced that "As for further treatment of the work done in the area, if such is necessary, it will be determined according to procedures and priorities.”
On June 29 the HJC held a hearing in the case, and after the hearing the court issued the interlocutory order.
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HCJ: State must explain why not enforcing demolition orders on illegal outpost Amona
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The Israeli High Court of Justice (HCJ) issued on May 5, 2010 an interlocutory order, asking the State to explain why it is refraining from enforcing the demolition orders issued for the buildings of the illegal outpost "Amona" in the West Bank.
HCJ Justices Dorit Beinish, Eliezer Rivlin and Elyakim Rubinstein issued the order in a hearing held this morning in the petition filed by 10 Palestinian land owners with assistance by Yesh Din. The judges ordered the state "to explain within 90 days why the State will not enforce the demolition orders issued for the compound in question".
The order will entail that the State issue an affidavit in which it will explain why it believes the HCJ should refrain from issuing a binding order for the demolition of the outpost.
"It is clear that the State and the settlers will use any and every excuse to delay the return of these lands to their Palestinian owners - but Yesh Din will stand by the complainants until their property is given back", says Yesh Din in light of the ruling today.
In the State’s reply to the petition, it acknowledged the fact that the outpost was illegally-built on privately-owned Palestinian land, but added nonetheless that the petition should be rejected as its enforcement of the current "Settlement freeze" does not allow it to enforce previous demolition orders.
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Yesh Din petitions the HJC: Land expropriated for road that was never completed should be returned to its Palestinian owners
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It is almost a decade since work was halted on a road to connect a settlement block to the main transport artery carrying Israelis through the West Bank to Jerusalem. With the help of Yesh Din, the Palestinians whose land was expropriated by the Israeli government in order to pave the road, have filed a petition to the High Court of Justice to demand that the State return their land to them
The heads of the village councils of Bituniya, Ein Arik and Dir Abziya in the West Bank, petitioned the High Court of Justice (HCJ) on April 21, 2010 with the help of Yesh Din, in a plea to order the Israeli government to release and return the lands that were expropriated for work which was never carried out.
Between the late 1990s and 2001, as much as 59 hectares (590 dunams) were expropriated along the existing route between land belonging to the villages of Bituniya, Ein Arik and Dir Abziya. The purpose, which formed the basis of the justification for such a large scale expropriation, was the plan to build road 935, which was to facilitate a shortcut to Jerusalem for the residents of the settlement block Dolev-Talmonim, which includes the settlements Dolev, Talmon, Neriah and Nahliel.
However, work was halted in 2001 after a 2.4km long section of road had already been dug. In 2007, the settlement councils of Dolev, Talmon, Neriah and Nahliel petitioned the HCJ to demand that the work be completed, or that an alternative road be paved for the same purpose.
In the affidavit signed by the State in response to the settlers' petition, it was clarified that the plan to pave road 935 had been frozen due to security, economic and environmental reasons, in particular given that the proposed route would be exposed to security risks, against which the IDF could not offer protection to passengers traveling on the road. The affidavit also pointed out that construction of the road would necessarily cause "disproportionate" harm to the Palestinian population and their property and especially to the residents of the villages from whom the lands in question were expropriated. The State set out in its response that it had no intention to use the expropriated land. In its Decision on August 20th 2009, the HCJ rejected the settlement councils' petition.
Following the ruling, the heads of the village councils enlisted the help of Yesh Din to approach the OC Central Command and the Civil Administration with a request to annul of the expropriation orders and to return the land to the legal owners. Yet when no response was received, the villages' council leaders petitioned the Court demanding that the expropriation orders be annulled.
In the petition, filed by attorneys Michael Sfard and Shlomy Zachary, the petitioners state that if and when the public need on the basis of which lands are expropriated ceases to exist, then the expropriation should be annulled and correct procedure is to return the land to its original owners.
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Israeli Authorities called to investigate Yeshiva rabbi for "inciting violence and terror"
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A letter sent February 16, 2010 by Yesh Din urges the Deputy State Attorney to open an investigation against Rabbi Yossi Palai of "Od Yossef Chai" Yeshiva, after the Rabbi posted an essay on the Yeshiva's website in which he suggested resisting the temporary settlement freeze by "sending a delegation to the nearby Arab village." Yesh Din: "Palai's words are a call for violent actions against Palestinians."
Rabbi Palai, of Yitzhar settlement in the West Bank, posted an essay on the Yeshiva's website last December, in which he offered his readers several "tips" to "combat" the temporary freeze on settlement construction in the West Bank. Among other things, Palai suggested the settlers send "a small delegation of our own to the nearby Arab Village".
Attorney Neta Patrick, of Yesh Din's legal team, says that Palai's words are a clear call for violence. "Rabbi Palai calls for a retaliatory action in a Palestinian village – the so called 'price tag' policy – as a means to thwart the settlement construction freeze", wrote Patrick and Attorney Michael Sfard.
"Palai's suggestion to send a delegation to the nearby Arab village is a call for violent action. We believe this statement has crossed the line between freedom of speech and incitement. The fact the author is a Rabbi in a Yeshiva makes the statements all the more grave". The authors point out that members of Palai's Yeshiva were mentioned as suspects in the arson attack on the mosque in the West Bank village of Yasouf. "Therefore, we believe there is a need to open an investigation against Rabbi Palai, for allegedly inciting terror or violence."
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New Yesh Din Data sheet: Only 6% of investigations yielded indictments against soldiers who harmed Palestinians
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Official figures collected by Yesh Din, as well as the organization's monitoring of indictments submitted and their results, show that from the beginning of the second intifada until the end of 2009, 1805 criminal investigations were opened by the MPCID on suspicions that soldiers committed offenses against Palestinian civilians and their property. These investigations deal with suspicions of serious criminal offenses of different kinds: Unlawful shooting, some of which caused the killing and injury of civilians, violent assaults on Palestinians, looting and property damage, taking bribes and other offenses.
By the end of 2009, 105 of the aforementioned 1805 investigation files led to indictments being served against suspects. In other words, in only 5.8% of the investigation files did the MPCID investigators manage to find sufficient evidence to serve indictments against one or more defendants. This figure on the rate of failed MPCID investigations is identical to the level of failed investigations we found in the figures published in "Exceptions," which dealt with investigation files opened by the end of 2007.
Download the data sheet (pdf) Download the report Exceptions (pdf)
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HJC order indicates decision not to file an indictment in Abir Aramin case - "wrong"
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More than three years after the death of 10 year old Abir Aramin, the HJC issued an interlocutory order on January 14, 2010, asking the Israeli Attorney General to explain the decision to close the case without filing indictments. "We hope that the Authorities will act in the vein of the High Court of Justice's ruling – which contests the Prosecution's claim that there is not enough evidence for indictments", says Attorney Michael Sfard, Yesh Din's legal advisor. Yesh Din calls on the Israeli authorities to reopen the investigation file into the death of Palestinian girl Abir Aramin. More than three years after the death of the 10 year old schoolgirl, the Israeli High Court of Justice issued an interlocutory, asking the Prosecution to explain its decision to close the investigation of Aramin's death without filing indictments.
The order, issued in the framework of the petition filed by Yesh Din in 2008, requires that the State Attorney explain within 45 days why he should not re-open the investigation file, conduct further investigations, and consider indicting the two Border Policemen who are allegedly responsible for Abir's death. "Had Abir Aramin been a Jewish girl, we would be after a full trial and possibly a conviction", says Attorney Michael Sfard, Yesh Din's legal advisor. "We hope that the Authorities will act in the vein of the HJC ruling – which contests the Prosecution's claim that there is not enough evidence for indictments in the case".
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State: Palestinian Lands to be Seized for the Settlement of Ofra
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On December 26th, the State responded to the High Court of Justice in reaction to a petition filed by the residents of the Palestinian village of Ein Yabrud on whose lands a sewage purification facility was built illegally. In violation of international law, and contradicting the Bar-Ilan speech made by Netanyahu in June in which the Prime Minister pledged that "no lands will be seized to expand existing settlements," the State Attorney's Office notified the High Court of Justice last week that it is examining a possible seizure of private Palestinian lands on which a sewage purification facility was built illegally for the settlement of Ofra.
The petition against the sewage facility was filed by Palestinians from the village of Ein Yabrud with the aid of the Yesh Din human rights organization. The construction of the facility started in 2007 in Ofra on privately-owned Palestinian lands and covers a total of 37 dunams. According to official publications, the construction of the sewage facility costs some NIS 7.8 million from government budget. The location was planned and its plans were promoted by the local governments.
Despite the fact that entire project consisted of illegal construction works that were carried out without permits, and though the state had issued demolition orders against the site, reacting to the HCJ petition, the state referred to the construction of the sewage facility as a final fact and showed no intention to enforce the law and return the land to its rightful owners. The state's response said that staff work is being conducted to find alternative ways to address the issue. |
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Yesh Din founders Paul and Ruthie Kedar awarded Emil Grunzweig Human Rights Award
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On Friday, 11 December 2009, Yesh Din founders Paul and Ruthie Kedar were honored with the Emil Grunzweig Human Rights Award. The award was established in 1981 by the Association for Civil Rights in Israel (ACRI) and was renamed in 1983 after peace activist Emil Grunzweig was murdered by a right-wing sympathizer during a Peace Now demonstration against the war in Lebanon. It is granted annually to "an individual or NGO that has made a unique contribution to the advancement of human rights in Israel."
As founders of Yesh Din – Volunteers for Human Rights, Paul and Ruthie Kedar have significantly altered the landscape of human rights activism in Israel. Thanks to their vision, Yesh Din's volunteers and staff have been able to make a difference in the lives of hundreds of Palestinians in the West Bank. Their personal contributions to human rights extend beyond Yesh Din's work, having volunteered for decades in various groups monitoring and protesting human rights violations in the Occupied Territories.
Yesh Din is proud to congratulate Paul and Ruthie Kedar on receiving the 2009 Emil Grunzweig Human Rights Award. |
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Yesh Din petitions for removal of obstacles around Ofra barring landowners from land
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For more than nine years landowners from the village of Silwad near Ramallah have been unable to access and cultivate their land around the illegal settlement of Ofra. On December 16 the landowners, with the help of Yesh Din, petitioned the Israeli High Court to issue an order to remove the obstacles and allow them access to the agricultural land they own. The settlement of Ofra was built on the private land of residents of Silwad and today there is a ring road around the settlement, partly fenced, with assault dogs, surrounding Palestinian land and preventing its owners from accessing it. The farmers' inability to access their land severely hinders their ability to make a living and violates their property rights.
The size of the area to which the petitioners' and land owners' access is denied is estimated at 3100 dunam, which is 25% of the area of the village that is classified as a C area, under Israel's control. Since the end of 2000, access to the land has become impossible - for more than nine years the petitioners and other residents of the village have been unable to enter their land and cultivate it, with more and more land being detracted from the cultivated area over the years, with no interference or intervention by the authorities in the area.
"The expansion of the settlement for construction and access prevention continues, by using illegal means," says the petition submitted by attorneys Michael Sfard, Shlomi Zachary and Avisar Lev – of Yesh Din’s legal counsel. "'Ring roads,' which surround and trap hundreds of dunams of private land, were built around the settlement and its surrounding outposts, and in other places there are other physical obstacles (land banks and/or fences), all on the private land of residents of the villages near the settlements, with the law enforcement agencies doing nothing."
Read a summary of the petition [English] |
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69 police investigations into tree vandalism result in zero indictments
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As olive-picking season ends this year, Yesh Din published an updated data sheet on damage caused to Palestinian trees over the past four years. Yesh Din has been monitoring Police investigation of Palestinian complaints on damage caused to their fruit trees for the past four years, and finds in this data sheet that some 40% of the incidents that the organization has monitored took place over the past 10 months. Most of the damage was inflicted on olive trees, but other types of fruit-bearing trees, such as lemon and almond trees, were also harmed.
Yesh Din monitored the investigation of 69 incidents where Palestinian-owned trees were vandalized in the West Bank that the Samaria and Judea (SJ) District Police have been investigating. Not a single one of the 69 cases under police investigation that Yesh Din monitored has so far yielded an indictment against those suspected of involvement in vandalizing Palestinian-owned trees. Though the Army reported there was a "quiet olive-picking season," the organization received reports of dozens of incidents in which hundreds of trees were damaged during that time.
Lior Yavne, Yesh Din's Research Director, said that "the law-enforcement authorities are not responding to the ongoing harm done to the livelihood of Palestinian families. When investigating damage to trees, the SJ Police failure rate is 100%."
Download the data sheet [PDF] |
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Yesh Din to High Court: Palestinian Farmers Unable to access lands annexed by Geva-Binyamin Settlement
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| Today, November 11th, Jaba Village Regional Council assisted by the Yesh Din Human Rights Organization, filed a petition to the High Court of Justice demanding that a fence preventing villagers from working lands they cultivated for years be removed. The lands of Jaba Village have been adjacent to the settlement of Geva-Binyamin since 2003, when the illegal fence was erected, annexing numerous plots, and denying the village farmers' access. The total size of lands so trapped is estimated at some 400 dunams.
The petition is accompanied by aerial photos taken between 1997 and 2009. They show that ever since the fence was built in 2002-2003, lands that were regularly cultivated by the Palestinian farmers have turned into fallow land because access to them was denied. The fence was built illegally - it is not clear who is responsible for construction – but the Civil Administration has done nothing to remove it or guarantee the farmers' access to their lands.
In addition to the plots that were de facto annexed to the settlement after the fence surrounded them, the settlement of Geva-Binyamin also holds some 145 dunams of Jaba Village residents' privately-owned lands. The landowners cannot access these plots as well, and over the years several public buildings were built there even though these plots are formally outside the settlement's jurisdiction.
Download a summary of the petition [English, pdf]
Video presentation of aerial photos (Dovev Alperson)
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