I.                  Inability to Access Police to File a Complaint.

In many cases handled by the Hotline staff, the caller was willing, but unable to file a complaint with the Israeli police. In most cases, with a considerable amount of time and effort, PHRMG staff succeeded in overcoming the obstacles[1] and the victims were able to file complaints and initiate the criminal justice process. Alarmingly however, despite the best efforts of PHRMG Hotline staff, a few victims remain unable to access the police and thus are being denied any possibility of obtaining justice. PHRMG has encountered the following systemic physical and social constraints imposed by the Israeli police:

• No consistent (or accessible written) policy or procedure for filing complaints with the Israeli police.
• No consistent (or accessible written) policy or procedure for filing complaints with the District Coordination Offices (DCOs).
• Victims are often forced to wait for hours, outside the police station, despite inclement weather, and even then, they are sometimes required to return another day to file a complaint.
• Victim statements are recorded in Hebrew and often do not accurately reflect the testimonies given in Arabic.
• Official notices and copies of police (as well as court documents) given to Arabic-speaking victims are written in Hebrew, despite the fact that Arabic is an official language.

It is our conclusion that the current complaint filing practices of the Israeli police serve, whether or not by design, to discourage Palestinians from filing complaints.

In at least one case, over a year has passed since the crime was committed, and yet the victim remains unable to access the police for redress. A review of this case will illustrate the general problem. Early in the morning of July 20, 2001, three Palestinians, Ziad Abu Alia, Mansour Zein el-Din and  Mohammed Haj Omar, were driving in separate vehicles on the Allon Road between Ramallah and Jericho, when they were stopped and assaulted by 5-10 settlers blocking the road. The settlers first stoned Abu Alia’s car, breaking the front windshield  and injuring the driver. Abu Alia went to complain to the Palestinian DCO in Ramallah, who referred him to the Israeli DCO in Nablus, who refused to accept his complaint, insisting that he had to file with the Israeli police. In response to our correspondence, top West Bank police officials eventually conceded that Palestinians could file criminal complaints with the nearest DCO. PHRMG faxed that written notice to the Nablus DCO, which, in February 2002, six months after the assault, finally accepted Abu Alia’s complaint, as well as the videotaped evidence he had taken of all 3 related incidents.

One month later, in March 2002, Mansour Zein el-Din, a second victim, was finally able to file his complaint with the DCO. His car, in which his 13-year-old son was a passenger, had flipped over as a result of the stone throwing and both father and son had required emergency hospital treatment.

Haj Omar was the third victim of the settler vigilantes. The truck in which he was driving was damaged and several items were stolen from it.  After the first two victims were finally able to file their complaints, Haj Omar was instructed by the Beit El police to come to the police station to give his testimony. However, due to the repeated curfews and closures, to date, he has been unable to comply. The Beit El police have failed to respond to PHRMG’s request to make arrangements to facilitate contact with Haj Omar – such as having a police officer visit him at his home, or providing him with written permission to reach the police station. Over one year after he was victimized, Haj Omar is still being prevented access to justice.

II.                The ‘Black Hole’ of Israeli Law Enforcement: Failure of Police to Respond PHRMG Correspondence.

For many months, there was no response whatsoever by the Hebron police to any PHRMG correspondence on behalf of our Hebron clients, not even an acknowledgement of receipt. In some cases, three or four letters were sent, followed by numerous phone calls, when we were told that the police officers were “too busy” to come to the phone. In other cases, copies of the correspondence were sent to top West Bank police officials and Attorney General Elaykim Rubenstein to advise them of the stonewalling tactic and to enlist their assistance.

The lack of police action on criminal complaints filed by Palestinians was as evident to the settlers as it was to the PHRMG. In one case, the residence of Mohammed Abu Eisheh was broken into and property was destroyed by settlers well known to the victim, including Baruch Marzel and his wife, Sarah. Mr. Abu Eisheh immediately filed a formal complaint with the Hebron police and contacted the PHRMG. Four months passed without any apparent action taken by the police. Perhaps as a result of the perceived police inaction, the same assailants again attacked Abu Eisheh’s home, inflicting yet more damage. Another complaint was filed with the police and again no action was taken against the suspects, who were positively identified by the victim and his family. PHRMG’s correspondence to the police was ignored and a letter was written to Attorney General Rubenstein, without result.

It was as if our letters were going into the “black hole” of Israeli law enforcement, never to be seen again. The arrogant inaction of the police was an obvious violation of their legal duty[2] and necessitated a strong response. PHRMG filed a Petition with the High Court of Justice of Israel, challenging the illegal and unreasonable police behavior. We attached copies of our repeated attempts to communicate and indicated the recurring substantive injuries to our Palestinian clients by the failure of the police to respond, which we argued was part of their pattern of failing to take the complaints seriously. We argued that by refusing to follow the law, the police – whose task is to protect citizens and enforce the law – was, instead, encouraging breaches of the law and of the public order.

Our Petition to the High Court was granted and the Ministry of Justice was ordered to respond. In their response submitted in March 2002, the respondents offered a detailed update on the police investigation of each case of settler violence mentioned in the Petition. In addition, it was admitted that PHRMG requests should have been responded to and it was agreed that all future requests, properly accompanied by a power of attorney on behalf of the client, would be responded to. In light of the State’s admission and its assurance that “the relevant officers of the Judea and Samaria District would be instructed to reply to future requests…,” PHRMG withdrew its Petition.

Since that time, the Hebron police have generally responded to PHRMG correspondence within days of receipt. This is not to say that their replies are particularly informative; it often takes repeated inquiries to force the police to provide the status of a case or to respond to specific demands. More importantly, despite our clear victory in the High Court, which was not limited to the Hebron police, but applied to all “relevant officers of the Judea and Samaria district,” only the Hebron police originally felt compelled to comply with the agreement. Eight months after the Petition to the Court, PHRMG continues to write letters to the Ariel and Beit ‘El police that are either not responded to at all or are responded to weeks later. Our correspondence with the prosecutor’s office is often similarly ignored. We have already served notice on these other agencies that we are considering filing yet another petition to the High Court compelling them to comply with the law, as well as to pay court costs and attorney’s fees.

III. Failure of Police to Adequately Investigate Settler Crimes and to Refer Appropriate Cases for Prosecution

A. Murder 

Although at least 22 Palestinians have been killed by settlers since the start of the al-Aqsa intifada, not a single settler has yet been prosecuted for any of those crimes. The deliberate failures, either purposeful or through negligence and/or incompetence, of law enforcement authorities responsible for handling the case of the murder of Mohammed Shalash, described at the beginning of this report, is typical.

 A similar case is that of Farid Nasasrah, who was killed by armed settlers on October 17, 2000, as he and other Palestinian farmers from Beit Furik were in their fields, harvesting their olives. The harvest had been coordinated with the Palestinian-Israeli District Coordination Office (DCO) and Israeli soldiers were patrolling near-by. When some 15-20 armed settlers appeared, shooting in all directions, the farmers rushed for cover.  Unable to escape in time, Nasasrah was killed by a bullet to the chest. Two other farmers, both relatives of Nasasrah, were also shot during this incident, one in the leg, the other in the abdomen.

Farid Nasasrah’s murder, like the murder of Mohammed Shalash, would seem simple enough to investigate and prosecute: there were several eyewitnesses to the crime, both Palestinians farmers and Israeli soldiers, and bullets were left all over the crime scene. The Israeli police arrested two settlers from Itamar on suspicion of murder and aggravated assault, but they were released five days later, apparently on the ground of insufficient evidence.

In April 2001, in response to the PHRMG’s request for information on the status of  this and other murder investigations, SHAI Police replied: “The circumstances of Farid Nasasrah’s death are still under investigation by the Binyamin Police Station.” In November 2001, again in December 2001, and once again in March 2002, the PHRMG requested information on the status of this murder investigation. SHAI Police did not reply.

In response to PHRMG’s complaint that they operated under a double-standard when investigating the murder of Palestinians and Israelis, SHAI Police replied, with feigned simplicity: “The claim by which Israeli police is slow to investigate crimes against Palestinians while quick to investigate crimes against Israelis is groundless. Each case is investigated individually.”

Within a month of the murder, Israel’s State Attorney was quoted in the Israeli daily newspaper Ha’aretz to be considering closing the investigation, due to “difficulties formulating an indictment.”[3] It is hard to say what, if anything, the police did during all this time to find and prepare a case against Nasasrah’s murderers. However, perhaps in part as a result of  PHRMG’s insistence, in April 2002, a year and a half after Nasasrah’s murder, we were advised that the file of Farid Nasasrah had been transferred to the Central (Tel Aviv) Attorney. Our correspondence with the prosecutor’s office inquiring whether there will, at long last, be a prosecution has, to date, been ignored.

B. Assault 

Murder is, of course, the worst and most brutal of crimes. The lack of adequate police investigation of murder cases and the failure to prosecute the murderers is, therefore, the worst example of the Israeli criminal justice system’s tolerance of settler crime. It is, however, far from the only example. Perhaps the most common crime committed by settlers against Palestinians in the Occupied Territories (OT), is assault.  

Like countless Palestinians, foreign nationals present in the OT have been victims of settler violence[4] and of the practical impunity they are granted by the Israeli police. Take, for example, the case of Angela Zelter, a British citizen, working with the Christian Peacemakers Team in Hebron. The following is an excerpt from her written testimony, which is quoted at length because it is illustrative of settler lawlessness, as well as police procedure and attitude towards Palestinians and those who attempt to assist them:

“Today, at about 12 noon, the Christian Peacemakers Team (CPT) in Hebron received a call of some trouble with settlers in the Avraham Avino neighborhood …Dianne [CPT member] and I went to the area... I heard shouting and saw soldiers in vehicles… I saw a group of settler girls around the ages of 10-15 with some boys and some adults armed with stones who, when they saw us, screamed at us 'Nazis', 'Nazis'. I then saw a girl pick up a stone and throw it at a Palestinian man named Saadi Suliman Al Karaka, who was 75 years old. I was taking photos all the time…He was covered in blood… Dianne then stayed with the man to try and help get him medical aid and I went back to witness the violence being perpetrated by the settlers…

 I could see a group of around 15 or so, mainly female settler children in their early/mid teens screaming and throwing rocks. I asked the soldiers to stop the violence... I then noticed an armed man in a white shirt with a long black beard and glasses and asked him to try and stop the kids throwing rocks because people were getting hurt… He started screaming at me 'You fascist whore', 'Fucking Nazi', 'Go home', and the 'Christians murdered the Jews.' He spoke English really well and just kept screaming loads of abuse at me… He screamed that he had to suffer while the filthy Arabs took over his land and how they should all be killed.  As he continued to scream at me more kids were gathering around and shouting out 'Nazi, Nazi'… One of his hands was clenched on his gun, which was held slung in front of him, and it was jerking up and down. He suddenly came at me 'to teach me' and hit me on the right hand side of the head. The violent assault continued and he grabbed my camera which was round my neck. I tried to keep hold of it but he wrested it out of my hands and over my ears and dashed it to the ground and stamped on it over and over again, screaming… I just stood there with my hands open, looking at him with tears streaming down my face, trying to stop crying but not managing. By this time the kids were closing in with taunts and I was really scared. Soldiers were looking on from their cars, like they had the whole time. Luckily Dianne had arrived back and so had some policemen. I asked them to arrest the settler and tried to explain what he had done. He suddenly turned into a nice, smiling, calm man as if nothing had happened. But I pointed to the camera on the ground in pieces … He answered some questions … sauntered away and sat at the settler table and chairs… I asked to make a formal complaint.

The police arrested him and put him in a car... I was eventually put into a car with a Palestinian man, who told me he had seen the settler attack me. He was waiting to go to the police station to make a complaint about the settlers having stolen his keys. Dianne got in too and we were all taken to a police station … After a while a settler came up and took photos of me and the Palestinian man who had had his keys stolen. The policeman asked Dianne if she had seen the man attack me, and she said no. The Palestinian man said he had seen everything but the policeman ignored him. He later informed me that the policeman warned him not to make a statement…

 I was then driven to the main Hebron police station where, after waiting more than three-quarters of an hour, I went outside and kept asking people if they spoke English and was finally able to ask that my statement be taken. I was then taken to room nearby… and I began my interview with a very polite and professional policeman … He asked me to tell my story and he listened and asked a few questions. He then took some paper and took down my story, sentence by sentence. … I suggested to the policeman that he take fingerprints from the camera, as he would undoubtedly find the settler’s fingerprints all over them. He put them in a labeled brown envelope. I also showed him the white spittle all over my clothes…, but the policeman said it would be too hard to do [DNA testing] and in any case I had enough evidence against him…

When I asked for the name of the settler, he said he could not give it to me in case I threatened the settler’s family, although he did say this was not likely, but those were the rules…”

As is clear from the above testimony, and as the police investigator, himself told the victim, there is more than enough evidence in this case to prosecute the criminal who assaulted Angela Zelter. However, had the PHRMG not intervened, there would have been no prosecution.

In August 2001, Hebron police advised Zelter’s lawyer that a criminal file had been opened against Karmel Frank, her attacker and that the police had recommended that he be prosecuted. In September 2001, while Zelter was back in England, her lawyer wrote to the Hebron police, informing them that Zelter was out of the country, but that she  was willing to return to Israel, at any time needed, to testify in court. However, in December 2001, the prosecuting unit of the Judea and Samaria Police informed Zelter’s lawyer that the case had been closed because Zelter was a tourist who had left the country and therefore was not available to testify in court.

At this stage, the PHRMG Legal Unit intervened in order to reopen the case. We were assisted by the determined efforts of the United Kingdom Consulate, which consistently voiced its concern concerning Ms. Zelter’s access to justice to the Israeli authorities. The PHRMG wrote to the Foreign Affairs Department of  the Israeli National Police, with copies to both the Government Legal Counsel and the Police Legal Counsel. Months later, we were informally advised by telephone by the Foreign Affairs Department that the police were “rethinking” the closing of the file.

Almost five months after we first became involved in the case, the prosecutor’s office agreed to reopen the file and initiate prosecution. However, Ms. Zelter was not contacted, let alone prepared for trial by anyone in the prosecutor’s office before the first day of court. The prosecutor had never attempted to contact her main witness and therefore was under the mistaken impression that Diane Roe was no longer in the country. This lack of enthusiasm and professionalism will, in all likelihood, characterize the entire prosecution. Nevertheless, the courtroom was filled with Israelis and internationals opposed to the Occupation (Palestinians from Hebron are prohibited from entering Jerusalem to observe the trial) as well as observers from the UK Consulate, including the Vice Consul, much to the surprise, if not dismay of the prosecutor and judge. In order limit the number of supporters and observers at the next session, and perhaps even hoping that the victim would be out of the country for the holidays, Judge Dutan scheduled testimony to begin on December 31^st, New Year’s Eve day!

C. Destruction of agricultural land, crops and property

The police response to theft and/or destruction of Palestinian land, homes, crops and livestock by settlers – even when the damage amounts to hundred of thousands of sheckles – is even less adequate than their response to settler assaults upon the lives and persons of Palestinians.

One case in point is the settler rampage that occurred in the early morning hours of 28 September 2001, in the village of Bardala, located in the Jordan Valley.  Four days after the murder of Salit Sheetrit of kibbutz Sdeh Eliyahu, about 100 Israelis in bulldozers, tractors, buses and several private cars, arrived at the village, which had no known connection with the Sheetrit killing. It is alleged that the settlers were accompanied by two Israeli army jeeps. They trespassed onto the villagers’ lands, beating everyone they came into contact with and destroying everything in sight. One of the villagers immediately called the police, who promised to respond promptly. Half an hour later, while the destruction was still occurring, the farmer called the police again, giving details of the rampage and directions how to get to the village. The police, according to the Palestinian victims, did not arrive at the scene until hours later, long after the settlers had departed.

The fields and hothouses of Bardala had been planted with tomatoes, cucumbers, eggplants, squash, beans, zucchini and peppers. The settlers dug out all the crops, just days before the harvest was due to begin; the land was completely ruined. They also cut the irrigation pipes and destroyed the hothouses. Izat Maslamini, one of the victims asked Ha’aretz reporter Gideon Levy:

“How will my children and I eat? It’s all over. Tell me, what are we to do?… They’ve killed us. They beat me on the back and legs with their weapons. I have 12 big and small children, and where am I going to get food for them? …We thought the crops would grow and we’d all eat, and now it’s all gone. … Everything is ruined, all 60 dunams, and there’s another 100 dunams that belong to the neighbors. They destroyed everything there, all in one night.”[5]

The damage caused by the settlers’ vandalism is estimated at 150,000 NIS.

The police mishandling of the investigation began the night of the crime. When they finally arrived at the vandalized fields of Bardala, one of the policemen reportedly asked Maslamini why “they” had killed the girl on the road. When Maslamini answered that he had nothing to do with her murder, the policeman responded, “If there is one rotten tomato in the bunch, then the whole bunch is rotten.” Similar sentiments were expressed to Ha’aretz reporter Gidon Levy by the secretary of the nearby settlement of Sdemot Mehola: “I don’t know who did these things, this vandalism, but I would guess that the ones who did it are good Jews who couldn’t bear to see the person murdered on the road while the Arabs keep on working their tomatoes in the fields as if nothing happened.” 

SHAI spokesman Rafi Yaffeh told reporter Gidon Levy that an investigation team had been assigned to the case, and that it had preserved the crime scene and taken testimony from both Palestinian eyewitnesses and security forces. He assured that “…the District intends to continue collecting evidence against the suspects and to bring them to justice.” That was on October 19, 2001. As of September 2002, no one has been arrested or charged with damaging property, vandalism, assault or even trespass.

Soon after the destruction of the fields, PHRMG wrote to SHAI Police requesting information on the status of the Bardala investigation. SHAI police referred us to the Samaria Regional Police. We sent the Samaria investigator in charge copies of eyewitness testimonies taken by PHRMG staff in Bardala shortly after the attack. In November 2001, Samaria Police wrote PHRMG, confirming that a file had been opened and that the police had already interviewed four farmers whose property had been destroyed. The letter asked for PHRMG’s help with obtaining additional testimonies that might be useful to the investigation.

As in all previous cases described, it would seem that the police should have had enough evidence to refer the file for prosecution. Although the Palestinian victims could not identify the aggressors who had attacked in the dark, they had left behind a tractor, which was identified act as belonging to the nearby kibbutz Sdeh Elyahu, as well as knifes and cutting scissors, all of which could have been checked for fingerprints. Statements concerning where the settler convoy had come from and/or where it had gone upon its departure could have been obtained from the soldiers present at the scene or patrolling the road. This crime was not committed by a small handful of people, but by approximately 100 aggressors. It is hard to imagine how the Israeli army would not detect such large-scale movement on the roads, or how so many people could participate, for so long, in a conspiracy of silence.

Theft

Theft of Palestinian livestock, sometimes on a large scale, has also taken place without arrest or prosecution of any of the settler thieves. PHRMG has received numerous complaints of theft involving settlers from Itamar, as have other human rights organizations. Hilal Abadat, a 71-year-old shepherd from the village of Awarta, Nablus District, was the victim of one such unsolved crime. On 23 December 2001, seven armed settlers from Itamar attacked Abadat while he was grazing his livestock and stole his cattle, sheep, goats and a donkey. The stolen animals were brought inside the settlement and hidden there.

Abadat went to complain to the DCO in Nablus, whereupon a Palestinian officer took him to the Israeli police station to give his testimony. He was then taken in an Israeli police car inside the Itamar settlement to look for the livestock.  Abadat’s donkey was found in the possession of a settler and was returned to him, but the police insisted that the cattle was not there and ordered him to leave the settlement. Incredibly, the settler in possession of the stolen donkey was not arrested and charged. He was caught red-handed in possession of stolen property – in and of itself a crime. Moreover, it is probable that he either himself participated in, or had knowledge of others who participated in the large-scale theft of Abadat’s livestock.

In January 2002, PHRMG sent a letter to the Ariel police, inquiring into the status of the investigation. Receiving no response, we wrote again several months later. Finally, in July 2002, after we sent copies of documents from our victory in the High Court, mandating the Hebron to respond to PHRMG correspondence on behalf of our clients in a timely fashion, we got a handwritten note saying that the file had been closed for lack of evidence. We are currently appealing the closing of the file. 

IV.  Failures by Police and Prosecutor and an Unsympathetic Judiciary Result in Grossly Inadequate Sentences.

PHRMG has documented a rise in the number of cases referred by the police for prosecution since our involvement in settler violence cases. However, we have seen a number of such files inexplicably closed, even at this late stage, for “lack of evidence.” This, despite the fact that in many cases, there exist numerous eyewitnesses (all Palestinian) who have not even been interviewed. One would assume that a high rate of file closures would leave the prosecution with legally sound cases and would consequently result in a high rate of conviction. Unfortunately, however, due to failure by the police to adequately investigate and failure by the prosecutor to adequately prepare for trial and then to zealously prosecute settler criminals, this assumption does not hold true.

The aggravated assault upon Ahmed al-Khatib, a 12-year-old child from Hebron, by a teen-aged settler girl is a prime example of the multiple failures and inadequacies of the Israeli criminal justice system. It is one of the relatively rare cases in which Israelis are prosecuted for crimes committed against Palestinians. However, despite overwhelming evidence, the defendant, Anna Schwartzbaum was found not guilty of aggravated assault upon the child and was convicted only of a lesser offense (improper behavior in a public place - what amounts to a misdemeanor); she received a slap-on-the-wrist sentence.

On 12 July 2001, Ahmed al-Khatib was riding his bicycle in the Old City of Hebron, when he encountered a group of young women settlers rioting in the street. According to the Israeli soldier who testified at trial, the “gang of girls” had come from the direction of the Avraham Avinu settlement and “were looking for a fight with Arabs.”  They were running along the street, throwing stones at Palestinian shops, shouting “closure,” trying to force the merchants to close their shops.  As Ahmed stood beside his adult neighbor, Abu Maharan, an iron bar thrown by one of the girls and hit him in the head, causing an 8-centimeter gash that required hospitalization. Anna Schwartzbaum was arrested on the spot. An Israeli soldier, Zvi Uri, testified that he had seen her “intentionally” throw the iron bar, but had not seen the bar hit the boy.  Ahmed’s mother, Samira al-Khatib was called to the police station and she identified the suspect as Anna Schwartzbaum, one of her settler neighbors.  Mrs. Al-Khatib filed a formal criminal complaint and contacted the PHRMG.

At trial, young Ahmed was unable to identify his attacker who was sitting in the back of the courtroom, surrounded by some 20 other settler girls, all of whom were similarly dressed. Paratrooper Zvi Uri testified that, on the day of the crime, he had been familiar with the defendant and knew her name was Anna; he did not know her family name and that name was added to his written statement– improperly – by the police. Although Uri testified that he was positive that the girl arrested at the scene of the crime, whom he had identified at the police station only one hour after the assault when the incident was still fresh in his mind, was the one who had thrown the iron bar, he also was unable to identify Schwartzbaum in the courtroom. However, Itzik Shmuel, the arresting officer, was able to pick out the defendant amidst the other settler girls and he noted that she had changed her appearance: whereas she had had short curly hair at the time of the incident, in court, her hair was longer and straighter.

The defendant denied the charges against her. She, however, admitted that she and the other settler girls had gone into the Old City of Hebron that day in order to enforce a curfew of their own upon the Palestinian merchants. Then, on the witness stand, she accused Police Officer Ben Abu, of having improperly pointed her out to the child’s attorney as she sat in the back of the courtroom, so that when Ahmed got up to testify, he could correctly identify her. She further testified that when she realized that the officer was thus interfering with the witness in an attempt to frame her, she changed places with another girl. The officer categorically denied this serious accusation of witness tampering, and the trial judge found it to be totally incredible. This should have affected the way in which District Court Judge Amnon Cohen viewed Schwartzbaum’s credibility, in general. But it did not.

The Hebron police never even interviewed Abu Maharan Obeid and therefore, the key eyewitness to the crime did not testify at trial. Police officer Itzik Shmuel brushed off defense counsel’s questions concerning how the police could possibly have failed to interview and produce such a “ vital witness,”[6] stating: “With all the evidence we had in this case, we didn’t need to bring the witness… or go looking for him.”

It also, apparently, never occurred to the Hebron police to dust the assault weapon, which they had in their possession, for fingerprints. When Yossi Mor, the officer in charge of the investigation, was asked by defense counsel why he had not tested the metal bar for fingerprints, he arrogantly responded that he had seen no need to do so. Nor was