State won't prosecute officers filmed beating Palestinians
State prosecutor's office: Beating was slight, caused no real damage; Rights group: State is tolerating abuse.
By Liel Kyzer Tags: Israel news Israel Border Police PalestiniansDeputy State Prosecutor Shai Nitzan rejected an appeal against the decision not to investigate Border Police officers who documented themselves abusing Palestinians.
The appeal was filed by the Yesh Din human rights group.
Senior deputy to the state prosecutor Nechama Zusman wrote last week on Nitzan's behalf that "the beating in the case was extremely slight and did not cause any actual damage. Therefore, the deputy state prosecutor did not think it was appropriate to intervene in the decision of the Justice Ministry's department for the investigation of police officers to transfer the case to the care of the Israel Police disciplinary department, along with a recommendation to discipline the officers in question."
Yesh Din issued a sharp response on Tuesday. The organization's legal adviser, Michael Sfard, wrote to Zusman that, "Your position demonstrates unprecedented tolerance of abuse of people in custody by a person of authority, through the use of violence and humiliation."
"The question of damage suffered is completely irrelevant, as criminal law prohibits assault and without qualifying it by the gravity of the damage caused," the letter continued. "The argument that beating a prisoner is not a criminal act is even worse than the beating itself, and amounts to a dangerous move by the prosecution."
The organization called upon the prosecution to review its decision to close the criminal case. Sfard asked for disciplinary proceedings to be stalled until a final decision is made, and made clear that Yesh Din is considering further legal measures if the original decision is upheld.
The video clips in which the officers documented themselves beating and humiliating Palestinians in East Jerusalem were revealed over a year ago, and appear to have been filmed in July 2007 and August 2008.
One clip shows an armed Border Police officer hitting a Palestinian detainee on the back of the head. Another shows a different officer forcing a Palestinian youth to salute.
Yesh Din, which made the clips public, said they were found in a cell phone apparently lost by one of the officers.
When the footage became public, Yesh Din approached the investigations department with a request to examine the events in an open criminal proceeding against those involved.
After looking into the matter, the department decided not to press criminal charges and to transfer the case to the police disciplinary unit.
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Of course it was only a "slight beating." It's not like they took any body organs or something like that.
I don't pay the closest attention to his posts, but I don't remember any time he attacked Jews. Although you would prefer it not be so, many believe Israel is a country and Judaism a religion. Therefore we feel comfortable with criticizing Israel just as we would criticize Serbia and Iran (Christian and Musiim countries). The fact that Israel is a Jewish-majority country does not mean it is exempt from the rules that apply to every other country.
We need more Jews to stand up and voice disapproval of this oppressive behavior!
Maybe it's time for non-Israeli Jews to denounce Israel and to cut all ties to this racist regime until it reforms itself. You're putting us all in danger of racist reprisals with your own overt systemic racism.
Did Germany expect the soldiers to be prosecuted by the state when they beat Jews, Gypsies, Mentally Disabled, and other less than deserving? Of course not. They where all considered sub human, right? This is how Power works.
...the criminal border police, or the people defending them? I'm leaning towards the latter, but it's a very tough call.
"Do not do to others what would anger you if done to you by others." ? Isocrates
...Hamas also won't be prosecuted for throwing those who disagree with them off of rooftops. As much as you claim to like equality and neutrality, this should come as a great comfort to you. You have no credibility in this forum, bigot. You're a one-issue nutjob...Israel/Jew-bashing, day after day after day after day. It never gets old to you, does it? You're such a humanitarian, aren't you? If only we evil Jews would just be more like you, what a fabulous world this would be. We'd all just give up our jobs, hobbies, academics, families, and sit at our computers 24/7, bashing and bashing and bashing. You must be so proud. Just look at all the good you're doing. Just look at how much better the world has become since you've been languishing at your keyboard, spewing out hyper-punctuated drivel.
I'd like to know what type of Democreacy Israel practices??? and why doesn't their judicial system and courts apply their laws to all citizens??? If this isn't discrimination and total Apartheid, then what would it be labeled as ???
...of why Israel can never perform an objective investigation into anything whether abuse, or whether someone loses their life because of that abuse. It is a farce to read reports from Btselem as an example wherein it states that Israel will "investigate." In racist societies, "investigations" are just about non-existent, or lead to nowhere. How Israel is perceived as a "democratic" society is beyond my comprehension, unless this is the new kind of democracy that Israel has invented.
"some people out there need to remember that Israel is at war with a number of terrorist factions that are trying to destroy our country." This is a conflict not a war and if anyone is out destroy a country surely that must be the Israelis who have criminally extended their borders in Palestine beyond the partittion line and Green Line and now occupy over 78% percent of the Palestinian peoples' homeland. Remember , before 1948 most jews didn't own a patch of land and arrived in Palestine on a donkey, bus or train, boat or plane. Please stop parroting cheap Israeli propaganda and go back to the history books. Just make sure it isn't an Israeli book as the real narrative has been taken out to protect the real terrorists! Dutch
occupies it. Why do Israelis keep referring to Gaza when talking about Palestinians in the illegally occupioed territories. They are either seperate enteties or they are not. Comparing the courts permission to administer a light slapping in Israel cannot be compared with rockets being fired from the independent country of Gaza.
Has anyone else noticed the history of this suspicious organization?
sorry. i don't see anything here. and i am a big fan of critisizing Israel.
Suppose this is what the purported High Moral Standard of the Israeli armed forces is really about. "We only abuse our prisoner slightly. Just a little humiliation. No, I promise, we would never beat them hard!!"
what. do you expect the Palestinians to sit on their hand while the rest of their potential country is gone? rocks are the least they can do
And to think that the Israeli government wonders why it has absolutely no credibility on the war crimes issue!
And to think that the Israeli government wonders why it has absolutely no credibility on the war crimes issue!
what. do you expect the Palestinians to sit on their hand while the rest of their potential country is gone? rocks are the least they can do
....including its jurisdiction. Without any kind of resistance from the Israeli "mainstream", I would like to add....
What is or was happening to Sderot (Last I heard it stopped) and the surrounding area is horrible. It is terrorism committed by terrorist groups. However, you seem to be suggesting that all Palestinians lack even the most fundamental rights, including "police protection" (or at least professionalism), because of the acts of a minority (yes, active Hamas, Islamic Jihad, etc are small minority, even in Gaza). The Qassams have killed less than 25 Israelis while Cast Lead killed over 1400 Gazans. If the Qassams justify brutality against all Palestinians, what does Cast Lead justify against Israeli civilians? If Israel expects sympathy for the terrorist incidents it experiences, it will have to stop excusing its own crimes against civilians because of the acts of militants. All civilian noncombatants have the right to be free of attacks from opposing soldiers/militants in retaliation for the acts of militants. Pals have same human rights as Jews.
Perfectly acceptable on meeting them to give an Israeli a light slapping as a friendly Hello. What's good for the Goose is good for the Gander.
Cos whats good for israel is good for the world
So what? A crime committed somewhere else does not mean that this crime should go unpunished.
The left only wishes that the "abuses" portrayed here will be for their final judgement before a g-d that they don't recognize.
This is hard call, the police clearly stepped over the line but how much damage is allowed before it becomes criminal. This is dangerous either way, if police allowed to break laws with little action against them, then in many cases they will see how far they can go.
If the film is enough to investigate, do it. Then decide whether or not to prosecute. No one should be above the law. Make sure the laws are clear enough and prosecute accordingly. The case is going before the Police Disciplinary department now. Is this enough or the required step at present, I cant tell you. Just follow the law as best you can.
was the Palestinians slapping doing this and would have called their justice system antisemitic. Oh how hypocrisy works
will you investigate them? Those that slaughtered 437 innocent trapped children in Gaza? Just a thought.
The arrested could have been Hamas people posting as "civilians".
and I didn't see any signs of the officers forcing the Palestinians salute them for their behavior.
if I've ever seen one
ims of traffic accidents. Family of a driver recently killed in a traffic accident learned his credit card was being used in an arab village adjacent to the place of accident. As to the "terrible slapping"-at each an every police statiion in Sweden or even the Holy Holland the detaines are treated much ,more brutally .
Israel's political leaders are going to turn up at The Hague because of this double standard. What next I wonder? Detention without charge, destruction of property, denial of worship in the Temple Mount? See you at The Hague.
In the first part of the clip, the soldier seems to be boring the Palestinian to death by talking to him. In the second part, the soldier cuffs the prisoner around the back of the neck, and he didn't even flinch. The word 'beat' is simply not applicable. Slap, yes. Aggressive posturing, yes. But beat? Remember the two reservists who found themselves in Remallah by mistake - the ones who were beaten? To death? That's what the word 'beating' means. some people out there need to remember that Israel is at war with a number of terrorist factions that are trying to destroy our country.
The human rights groups should call for a boycott of Israeli goods and groups in their countries. Israelis don't deserve cart blanc in other countries while their government and courts sh*t on Palestinian rights and travel. This is so open criminality and it shouldn't be tolerated by anyone. Dutch
I thought the Israeli military showed some gay tendencies in the video.
Israelis will pay for their appalling indifference to Palestinian Human rights as people spit on their human rights and abandon them as a people. This stuff comes around.....Dutch
Israel doesn't need Yesh Din to ruin its reputation. I does that quite well on its own.
Israel has completely lost it: no one in the world believes this is justice. nobody will respect Israel anymore when we know these well documented, evident crimes are unpunished. How must Israelis feel now? Emberrassed? Israel HAS integrated in the region: it has become a typical cruel, dictatorial regime. the only difference from its neighbours is that the oppression has a strong racist character: some people are protected and get away with crime, others are innocent victims of the state crimes. Israel, an apartheid style middle east dictatorial regime. Oh man, that the country would fall so low!!
Now Palestinians and anti-Zionists outside Israel can do the same thing to Jews because the damage is "slight". It wouldn't be terrorism under Israeli standards.
The difference is that in the US, the police is not an occupying power suppressing the rights of another people. In Israel they are.
The judge handing down the sentence in the Nawi case: "Ideology is ideology, but this trial is not about ideology," said Judge Eilata Ziskind. "Wild behavior from the right or the left is inconceivable, even if the goal is to help the weak. Without order, there can be no democracy." So order is police legally beating up Palestinians?
This is happening every day and the courts would be full of soldiers, being accused of petty crimes like this.
I don't know what message the judge wanted to send conscripted soldiers but I'd say a pretty reprehensible one. These people go on to do reserve duty and where do they do it? In the West Bank. I've seen petty Rambos like these out there. Reservists who think that that world is theirs to throw their weight around in. I don't know what kind of husbands and fathers they make. I don't know what kind of colleagues and citizens they make. I dread to think.
it begins to apply the law without flagrant ethnic bias. The US, EU & other western countries have problems with police misconduct and the difficulty of proving it, but when there's video, it is prosecuted, espcially if ethnic bias is implicated. I grew up in the US South before & during the civil rights movement, when far too many openly regarded and treated blacks as subhuman. But I never saw the truly vicious, pervasive abuse suffered by most WB Pals daily. Israelis know better than to say Pals are subhuman, but theyre treated that way. I've always been a cynic, but I lost a lot of faith in humanity watching the IDF in action and I hear other Israeli agencies are worse. Some "arab" countries may be worse, but they dont seek acceptance as western democracies or claim the most moral army. Nor did the US shelter them from all consequences of their abuses, allowing brutality with impunity. Israeli crimes shame the US; we have a right & duty to act
Israeli's must be excused for not knowing if one of these 'sweethearts' is armed. Something about self preservation and the history of violence of pals that make's 'normalcy' unique in Israel. After 9-11, we have a better understanding of terror on our soil. Does anyone care about terrorists 'rights' over life? Not here they don't. And for the other countries who've known the same terror, don't expect sympathy for psychos.
I MUST HAVE MISSED IT.
would the State Prosecutor have made the same decision?
....in the hand of the settlers, even the jurisdiction. And the Israeli "mainstream" didn't even put on a fight.....
This stuff is fairly minor in terms of abuse. However, it shouldn't happen. Unfortunately, it does, all over the world. Police in America are also known to be a bit over-zealous from time-to-time. The real problem lies with Magav itself. I'm fully aware of Magav's necessity. Yet I've always been uncomfortable with 18-21 year-olds having police powers. They have neither the maturity nor the experience to engage in professional law enforcement. During my time in Israel, I've seen SOME Magav members act like complete morons, nearly starting riots in Jerusalem because they felt like exercising some post-high school power. Conscripts don't make good cops.
A recent article in The Nation magazine addressed the changing attitudes of some American Jews toward Israel. There are a plethora of reasons but one is clear to me; the recognition that Israel possesses an incredibly low standard when it comes to its treatment of Palestinians. The abuse of Palestinians can no longer be considered abberant. It is far too commonplace (and flagrant) and too often countenanced by the courts. Short term gain will result in long term detriment.
"Ideology is ideology, but this trial is not about ideology," said Judge Eilata Ziskind. "Wild behavior from the right or the left is inconceivable, even if the goal is to help the weak. Without order, there can be no democracy." OOps that was about the 'left', the 'right' is in power.
I'm reminded of Pastor Niemoller: "They first came for the Communists, and I didn't speak up because I wasn't a Communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics, and I didn't speak up because I was a Protestant. Then they came for me ? and by that time no one was left to speak up." It's a slippery slope.
Decisions like these make it easy for Goldstone to make one of his main points. Palestinians have almost no rights. Is it so difficult enforce that Palestinian prisoners are treated humanely?
All that is necessary is turn the incident around 180 degrees. An Israeli Arab police officer is filmed bullying a Jewish Israeli, what then is the verdict of the Deputy State Prosecutor?
...for collaborating with Israel's enemies, seeking to blacken Israel's reputation, and trying to cripple its ability to fight its foes.
He was probably prejudiced in the matter, but I doubt the man being beaten felt "the beating in the case was extremely slight and did not cause any actual damage".