Translated from the original Hebrew to English by Adalah
Jerusalem
26 Kislev 5772
22 December 2011

Press Release

As is known, following the 31.5.10 overtaking of the flotilla to Gaza, the Attorney General ordered the launching of a police investigation that centered on violent criminal offenses carried out against IDF soldiers [Israeli military] who overtook the boats. The police investigation against foreign citizens who took part in the flotilla was halted early on following the Attorney General's decision - based on the recommendation of the Cabinet - to allow the deportation from Israel of the foreign citizens immediately following the flotilla owing to political and security considerations that were raised before the Cabinet. [The Supreme Court] rejected a petition against this decision (HCJ 4169 Adv. Yiftah Cohen vs. the Minister of Defense).

The investigation of Israeli citizens suspected of taking part in the flotilla persisted, concerning the alleged offense of illegal entry into Gaza (suspicion of carrying out offenses under the Disengagement Implementation Law and the Order extending the validity of the Emergency Regulations (exit from the country) as none of the Israeli citizens involved were suspected of assaulting an IDF soldier.

The findings of the police investigation into this matter were handed over to the State Attorney's office. After examining the findings and conducting several supplementary inquiries, the State Attorney's office finalized its opinion on the subject and passed it on to the Attorney General for his consideration. Subsequently, the Attorney General held several meeting on the subject with the relevant persons.

Following an examination of the evidence and the legal issues involved, the Attorney General decided to close the case due to significant evidence-based and legal difficulties that were discovered in regard to proving the basis of the offense as well as legal questions regarding the jurisdiction of Israeli penal law on crimes committed abroad.

This decision clearly applies only to Israeli citizens who took part in the 31.5.10 flotilla, and does not affect investigations into similar events in the future, should those occur.

Moshe Cohen, Ministry of Justice Spokesperson
Tel: 02-6466540, Fax: 02-6466722
Mobile phone: 050-6217077
Email: dover@justice.gov.il

[Note from Adalah: Mr. Muhammed Zeidan, the Chairman of the High Follow-up Committee for Arab Citizens of Israel; Sheikh Raed Salah, the Head of the Islamic Movement in Israel (northern branch); and Sheikh Hamad Abu Daabes, the Head of the Islamic Movement in Israel (southern branch) — and Ms. Lubna Masarwa of the Free Gaza Movement and Al Quds University were all arrested and detained from the Mavi Marmara ship, which was attacked by the Israeli navy on 31 May 2010. Adalah Attorneys Hassan Jabareen and Orna Kohn, as well as Attorney Hussein Abu Hussein, and Attorney Khaled Zabargha of the Al Mezan Legal Center in Nazareth represented the four before the court. They were released from detention after four days but with restrictive conditions.
For more see: http://www.adalah.org/eng/pressreleases/pr.php?file=03_06_10]