Adalah's Correspondence with the Police Investigation Unit (Mahash) and the Attorney General since October 2000, Concerning the Investigation of the Killing of Arab Citizens of Israel by Israeli Police Officers

On 18 October 2000, Adalah wrote to the Attorney General, demanding that he issue an order to Mahash to launch an investigation into the circumstances surrounding the killing of Arab citizens of Israel during the protest demonstrations of October 2000. Adalah also demanded that the Attorney General issue an order to investigate the police's policy of opening fire on Arab demonstrators.

Adalah claimed that opening fire on Arab demonstrators contravenes directives which obligate the police in this regard, and which prohibit the police and security forces from opening fire on demonstrators, except in the case of immediate danger to the lives of police officers or citizens. Adalah added that by not employing alternative methods of breaking up demonstrations, the police are violating the guidelines on opening fire. Adalah also argued that the hundreds of citizens whom were fired upon were hit in the upper parts of their bodies, proving that the police did not adhere to even the minimum legal criteria which govern opening fire.

Adalah's letter also discussed the brutal conduct of the police towards Arab demonstrators, who posed no danger to the lives of the police officers, or anyone else. Adalah learned of several exemplary incidents of such conduct, including the beating of two sisters from Nazareth, Khoula and Nasreen Khouri, on 1 October 2000. A further example is the case of Dr. A'mer Ramadan and his wife Marleen Ramadan. The two were showered with live rounds whilst sitting in their car after leaving their house to visit relatives in Nazareth, leaving Mrs. Ramadan seriously wounded. Furthermore, although Mr. Ramadan pleaded with the police officers to call for an ambulance, the latter left the scene without aiding the couple.

However, police violence is not restricted to Arab citizens of Israel participating in demonstrations; police officers also use violence against Arab detainees. Adalah emphasized that the use of violence during arrests is considered a criminal offence, detailing two cases of violent conduct by the Israeli police against Arab detainees. Adalah added that the charges made against those detained during the demonstrations contained illogical articles, which were unrelated to criminal law, and which were evidence, if anything, of a policy of revenge against Arab citizens.

The Attorney General replied on 2 November 2000, maintaining that investigations into police violence are the responsibility of Mahash, whose role is to gather evidence, although so far few complaints have been submitted to the unit, and that those filing complaints have been uncooperative. The Attorney General suggested that Adalah should send their evidence directly to Mahash, for them to deal with it. As for the policy of opening fire, the Attorney General claimed that the Official Commission of Inquiry into the October 2000 Events (Or Commission), which was established by the government on 8 November 2000, would look into this matter.

On 1 November 2000, Adalah wrote to Mahash demanding that they open an investigation into the circumstances surrounding the killing on 8 October 2000 of Mr. Wissam Yazbik, and into the failure of the police to gather evidence about his death. When doctors at the Rambam hospital pronounced Mr. Yazbik dead, the uncle of the deceased, Dr. Mahmoud Yazbik, together with the General Director of Adalah, attorney Hassan Jabareen, contacted the police, asking them to come to the hospital to gather evidence, such as bullets. However, the police did not respond to their request. Adalah made clear attorney Jabareen's willingness to provide Mahash with the information he had.

In Mahash's response of 23 November 2000, the Director of Mahash alleged that a preliminary examination indicated that Mr. Yazbik was not killed by police fire, and that the investigation into his death had been transferred to the police. He added that anyone in possession of evidence should hand it to the police, and that, were it subsequently to become apparent that the police were implicated in his death, the investigation would be transferred back to Mahash.

On 5 November 2000, Adalah wrote to the Attorney General and to the Director of Mahash, clearly stating that it is Mahash's legal duty to investigate crimes committed by the police. Adalah once again requested that Mahash should open an investigation into the circumstances surrounding the killing of the demonstrators, as well as the illegal actions of police officers regarding opening fire on and using violence against demonstrators.

On 13 November 2000, the Director of Mahash claimed to be 'astonished' by Adalah's letter, since attorney Jabareen had promised to provide Mahash with the information in Adalah's possession, but had not done so. The Director of Mahash requested, in spite of his surprise, that Adalah and the plaintiffs give him their evidence to enable him to conduct the investigation.

Adalah responded to this letter on 28 November 2000, confirming that attorney Jabareen had sent a complaint to Mahash regarding Mr. Yazbik. In the complaint, attorney Jabareen directed Mahash to someone present at the scene of the killing (Dr. Mahmoud Yazbik), and to the doctor who treated Mr. Yazbik in the hospital before his death. Adalah also explained that Mahash had failed to fulfill its duty as an investigatory unit, and demanded once again that it open an investigation into all of the cases of killings perpetrated by the Israeli police at the beginning of October 2000.

After the publication of the Or Commission report on 1 September 2003, Adalah wrote to the Director of Mahash, on 14 September 2003, inquiring as to whether or not Mahash intended to open an investigation into the incidents of killings and injuries during October 2000 demonstrations, pointing out that the Or Commission report recommended that Mahash should conduct such an investigation.

Adalah also inquired about the findings of the investigations into two incidents which occurred in Nazareth on 2 October 2000 and 8 October 2000. The the Or Commission report stated that it had not come to any conclusions or recommendations about these two incidents, as Mahash was investigating them. The first incident relates to the aforementioned shooting of Dr. Amir Ramadan and Mrs. Marleen Ramadan. In the second incident, Jewish youths from Natseret Illit attacked the houses of Arab citizens in Nazareth. The police opened fire on Mr. U'mr Akawi and killed him. (It was during the same incident that Mr. Wisam Yazbik was killed by police fire, whilst trying to drive back the crowds).

In its response to Adalah's letter, dated 23 September 2003, Mahash claimed to be conducting an examination into the Or Commission's recommendations, in accordance with the Attorney General's directions. Mahash also asserted that a group of lawyers was examining the material gathered by the Or Commission, but that the matter would take time, because of the huge volume of the material gathered by the commission. Mahash added that, as soon as decisions are made regarding the Or Commission's recommendations, the families of the deceased would be informed.

On 9 March 2004, Adalah again wrote to the Director of Mahash, inquiring after whether or not Mahash had adopted the Or Commission's recommendations, and asking to be informed either about the progress of any investigation subsequently launched, or the reasons why none had been opened. Adalah also emphasized in the letter that, despite the passing of six months since the publication of the Or Commission report, Mahash had not yet launched any investigation.

In Mahash's response of 24 March 2004, it claimed to still be examining the Or Commission's recommendations, and that decisions about whether or not to adopt them had still not been made. Mahash again argued that it needed more time to make its decisions, because of the huge amount of material gathered by the Or Commission, and the passing of a long period of time since the events of October 2000.

On 30 March 2004, Adalah wrote an extended letter to the Attorney General, demanding that he issue an urgent order to Mahash to open an investigation into those responsible for the killing of Arab citizens in October 2000. Adalah underlined the gravity of Mahash's omission in failing to launch any investigation both after October 2000, and after the publication of the Or Commission report. Adalah emphasized that the Or Commission itself wrote in its report that those responsible for the killings were not only the police officers who opened fire, but also the sergeants in charge of the various areas in which citizens were killed, including Alik Ron, Benzi Sow and Moshe Waldman. Adalah further stressed that it is Mahash's duty to investigate the killings and take those responsible to trial, and that Mahash's assertion that the delay in opening investigations was a result of the families' refusal to cooperate is unsound, as the duty to investigate falls on the investigatory body, not on the victim.

On 15 April 2004, the Attorney General responded to Adalah's letter, reiterating Mahash's claim that the lack of decision about the Or Commission's recommendations was a consequence of the huge volume of materials involved and the passing of a long period of time since the events of October 2000. The Attorney General also stated that Mahash had decided to open an investigation into one of the death cases, although decisions had not yet been made about the other cases.

Adalah wrote to Mahash on 6 June 2004, after the director of Mahash approached Mr. Hassan A'sli to ask for his permission to exhume the body of his son, who was killed by the police during October 2000, in order to conduct an autopsy. Adalah stressed that Mahash's failure to conduct any investigations, although three and a half years had elapsed since the killings, and nine months since the publication of the Or Commission's report, and despite Adalah's numerous letters on the subject, constitutes a major omission. Adalah further claimed that the director's request to the bereaved families was disingenous, since the matter had previously been raised during Or Commission hearings. At that time, Adalah responded to the commission on behalf of the bereaved families, and clarified the families' positions in this regard. Adalah added in its letter that the lack of integrity in Mahash's approach is also evident in its failure to investigate the circumstances surrounding the killing of four of the deceased, although they have had in their possession the autopsy reports of these victims since October 2000.