Adalah’s Appeal to the Attorney General – 30.3.04 (H)
Following the publication of the Official Commission of Inquiry into the October 2000 Events (Or Commission) report on 1 September 2003, Israeli government decision number 772 announced the establishment of a ministerial committee on 14 September 2003 to “thoroughly study the Or Commission report and submit within 60 days its recommendations on the conclusions detailed in the commission's report, and use its discretion to make additional recommendations."
The Ministerial Committee was headed by Deputy Prime Minister and Minister of Justice Yosef (Tomi) Lapid. Other members included Avraham Poraz, Zipi Livni, Tzahi Ha’negbi, Efraim Eitam, Beni Alon and Gidon Ezra. Furthermore, in accordance with the aforementioned government decision, the Attorney General and a representative of the National Security Council were invited to participate in the Ministerial Committee deliberations on a regular basis.
The Ministerial Committee did not publish its report after 60 days, as stated in the government's decision of 14 September 2003; the report was not published until 3 June 2004, upon which Adalah issued its initial response.
Adalah has been monitoring the implementation of the Or Commission’s recommendations, specifically those concerning the investigation of the killing of Arab citizens in October 2000 and indictment of the security forces personnel responsible. As early as October 2000 Adalah began to approach Mahash (The Ministry of Justice police investigation unit), repeatedly demanding that it open investigations into the killing of Arab citizens; however, Mahash failed to conduct a serious investigation into any of the killings. The Ministerial report noted that a report submitted to it by Mahash, stated that Mahash had not conducted any investigations due to the establishment of the Or Commission. Mahash further argued that the substantial length of time which had elapsed since October 2000 rendered the conducting of any investigation into the events problematical. After the publication of the Or Commission report, Adalah continued to press Mahash to open investigations and send those found responsible to face trial. Mahash's response to these numerous demands was that the issue was still under consideration.
In March 2004, Adalah demanded that the Attorney General immediately order an investigation into the circumstances surrounding the killing of Arab citizens in October 2000. In its letter, Adalah underlined that Mahash's failure to open such investigations, both at the time of the events themselves, and following the publication of the Official Commission of Inquiry report, which specifically recommended opening investigations into the killings, constitutes a major omission.
Adalah wrote to Mahash again on 6 June 2004, after the director of Mahash contacted Mr. Hassan A’sli and asked 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. In the letter, Adalah criticized the fact that, although three and a half years have passed since the October 2000 events, investigations have yet to be opened into the killings. Adalah further stated that Mahash's request to the victims' families was disingenuous for two reasons. Firstly, this request had already been made during the Or Commission hearings, and the position of the victims' families at that time was made clear in a response to the commission sent by Adalah; and secondly, although Mahash has been in possession of the autopsy reports of four of the October 2000 victims since October 2000, it has nonetheless failed to open investigations into the circumstances surrounding their deaths.
Adalah’s Appeal to the Attorney General – 30.3.04 (H)
