Kiryat Arba Police Unresponsive to Complaints

In recent weeks, PHRMG has followed up on a number of cases in which we have seen no tangible police response to Palestinian complaints of settler violence.

We wrote to officer Salim Bader of the Kiryat Arba police on 18 November 2001 inquiring into the status of the numerous complaints filed by Mohammed Hamed Abu Eisheh who has been the victim of physical assault and whose home has been vandalized on numerous occasions (for details, see Hotline Update #6/2001.) Our inquiry generated no response from the police, and no apparent action has been taken, despite the fact that suspects Baruch and Sara Marzel have been identified by the victim. No recommendation has been made referring these repeat criminal offenders to the State’s Attorney for prosecution. On 9 December 2001, we wrote directly to Zamir Ali, the Chief of the Kiryat Arba police, pointing out the lack of apparent police response, and urging him to comply with his duty under both Israeli and International law to protect the rights, lives, safety and property of Palestinian civilians living under his jurisdiction.

On 11 December we wrote to Chief of Police, Zamir Ali, concerning the case of Hana’ Abu-Haikal, who was attacked along with her daughter by a group of settlers in June. Despite the fact that Mrs. Abu-Haikal has identified her assailants as her neighbors, Baruch Marzel, Sara Marzel, David Shilansky, and Benjamin Bin Yitshak, she is not aware of any action that has been taken by the police.

Another case in which we have seen no action by the Kiryat Arba police is that of the assault on Ahmed al-Khatib, a 12-year-old boy who was beaten, causing injuries to his head that required hospitalization. The boy gave a statement to the police and indicated that he can identify his assailant, a woman named Anita or Gita, who is notorious for her aggressiveness towards Palestinians. To our knowledge, no arrest has been made in the five months since the attack took place, and no charges have been filed.

There appears to be a handful of repeat criminal offenders in the Hebron area who believe that they enjoy impunity from arrest and prosecution. Despite the fact that the same names come up time and again as the perpetrators of criminal acts, and the fact that these suspects are well known to their victims, they remain at large in the community, where they are free to continue their criminal behavior. Israel’s Basic Law on Human Dignity and Liberty states that all persons are entitled to protection of their life, body and dignity. No exception is made for Palestinian residents of Hebron. As stated in Police Investigation Law, Ariticle 59, the police are obligated to investigate once they receive a valid complaint or know that a crime has been committed, yet the Israeli police in Hebron appear to be impotent in the face of settler violence. We will continue to pressure the police of Kiryat Arba until the situation changes and they begin to comply with their obligations under both international and Israeli law.

A PHRMG Case Referred to Society of St. Yves Taken to High Court

On July 1, 2001, Khamis Mohammed Omar al-Tamimi (52), was working on his land in Hebron near Kiryat Arba when a settler approached him and demanded that he leave the land, claiming that it belonged to the settlement. Al-Tamimi refused, and the settler returned later in the day with two bulldozers and damaged the land, destroyed walls and cut down trees. More bulldozers and army vehicles arrived at the scene. Al-Tamimi called the police, who surveyed the site and indicated that there was nothing they could do.

The case was referred to attorney Yossi Schwartz of the Society of St. Yves. He is currently petitioning the Israeli High Court to order the Kiryat Arba police to reply to his inquiries concerning the status of the case.

This project is made possible by the generous support of:

International Center for Human Rights and Democratic Development (ICHRDD) Diakonia ● Foundation for Middle East Peace