Violence by Israeli settlers against Palestinians and their property has been a daily occurrence for many years in the Occupied Palestinian Territory. The report A Semblance of Law: Law Enforcement upon Israeli Civilians in the West Bank reveals the dynamic that leads to the absence of effective law enforcement in regards to Israeli civilians in the West Bank who commit offenses against Palestinians. The report documents serious faults in all stages of the law enforcement process: when offenses are committed, IDF soldiers present on the scene show a grave tendency to ignore them; Palestinians face physical and bureaucratic difficulties when they attempt to file complaints; and above all, the investigation stage shows faults in the examination of incidents, failure to implement the required investigatory steps, and sometimes an unwillingness to undertake even a cursory investigation. Yesh Din - Volunteers for Human Rights was founded in March 2005, and since then its volunteers have been working for a structural and long-term improvement of the human rights situation in the OPT. The organization collects and disseminates credible and current information on systematic human rights abuses in the OPT; applies public and legal pressure on the state authorities to stop them; and raises public awareness of human A Semblance rights abuses in the OPT. In order to realize its goals effectively, Yesh Din operates according to a unique model among human rights organizations in Israel: of Law the organization is run and staffed by volunteers, and is assisted on a daily basis by a professional staff Law Enforcement of lawyers, human rights experts and strategic and communications consultants. upon Israeli Civilians in the West Bank www.yesh-din.org June 2006 A Semblance of Law Law Enforcement upon Israeli Civilians in the West Bank June 2006 A Semblance of Law Research and writing: Lior Yavne Editor: Atty. Michael Sfard Research assistants: Natalie Rosen, Udi Gilad Photos: Yudit Avi Dor, Yesh Din (unless noted otherwise) English translation: Shoshana London Sappir with Shaul Vardi and Natalie Mendelsohn Graphic design: Gama Design www.gama.co.il Cover photo: Judea and Samaria District policemen with settlers on land of Qawawis village in South Mt. Hebron area, June 10, 2005. Photography: ISM-NC. Acknowledgements: • Yesh Din volunteers, whose devoted work made the writing of this report possible • Atty. Limor Yehuda from the Association of Civil Rights in Israel, Yael Handelsman and Suhair Abdi- Habib Allah from B’Tselem, for their help in information gathering • To Shulamit Aloni, Michael Ben Yair and Paul Kedar, members of Yesh Din’s board, for their help in preparing this report The Board: Shulamit Aloni, Michael Ben Yair, Rut Dayan, Paul Kedar, Shlomo Lahat, Yair Rotlevy, Michal Smoira- Cohn, Volunteers: Hamutal Ansky, Maya Bailey, Dafna Banai, Hanna Barag, Tami Cohen, Mooky Dagan, Neta Efrony, Yehudit Elkana, Tamar Fleishman, Dalia Golomb, Dina Goor, Tami Gross, Naomi Halsted, Avner Harari, Rachel Hayut, Niva Inbar, Frank Jaffe, Noni Kaufman, Ruth Kedar, Racheli Merhav, Menucha Moravitz, Prof. Joseph Morin, Rina Plesser, Dr. Nura Resh, Tzvia Shapira, Ilana (Meki) Shapiro Activity Coordinator: Yudit Avi Dor Contact person for Palestinian communities: Azmi Bdeir Organizational support: Legal Advisor: Michael Sfard Law Office Professional consulting, strategy, IT and press relations: Ben Or Consulting Ltd. Yesh Din’s activity in 2006 and the publication of this report were made possible thanks to the support of the Ministry of Foreign Affairs of The Netherlands, the Naomi and Nehemiah Cohen Foundation, the New Israel Fund, the Rich Foundation and private donors Yesh Din - Volunteers for Human Rights 15 Rothschild Blvd., Tel Aviv, 66881, Israel Telefax: +972-(0)3-516-8563 www.yesh-din.org [email protected] 2 Acronyms DCO District Coordination Office HCJ High Court of Justice IDF Israel Defence Forces (Israeli Army) MPCID Military Police’s Criminal Investigation Division (responsible for criminal investigation of IDF soldiers). OPT Occupied Palestinian Territory SJ Samaria and Judea (reverse acronym for an Israeli term for the West Bank– Judea and Samaria - used in the name of the West Bank police) 3 Report’s Summary Since the 1980’s many reports have the West Bank. The main goal of been published on law enforcement the project is “to strengthen law upon Israelis in the Occupied enforcement proceedings relating to Palestinian Territory. All of the reports Israelis in the West Bank.” As part of – whether published by official the project, the Yesh Din volunteers government bodies or produced by are attempting to help bring those human rights organizations – warned responsible for attacks to justice, against the failure of the authorities while at the same time examining the to enforce the law effectively upon actions of the authorities and seeking Israeli offenders, especially those to identify the reason for the failings who committed offenses against in this field, as pointed out by the Palestinian civilians. The conclusion aforementioned governmental and that arises from all the reports is non-governmental reports. Yesh Din serious: Israel is abusing its obligation adopted a unique method. Teams to defend the Palestinian civilian of specially-trained volunteers visit population in the OPT against the Palestinian communities that report criminality of Israeli civilians. Years criminal behavior by Israeli civilians. have gone by, committees have been The teams record testimonies established, recommendations have from victims and witnesses, gather been made, and governments have documents, photograph the places come and gone – yet the problem of where incidents occurred, and, attacks against Palestinian people and after completing their investigation, property by Israelis has only grown accompany victims to the police to worse, becoming a daily occurrence. file complaints and give evidence. Complainants who wish to do so In March 2005 Yesh Din - Volunteers authorize the legal advisor of Yesh for Human Rights was established. Din to monitor the investigation Yesh Din (Hebrew for “There is of their case and, when necessary, Law”) volunteers decided upon its to appeal against the closure of the foundation that the organization’s first investigation file. project would be an examination of law enforcement procedures upon Yesh Din’s law enforcement project Israelis who harass Palestinians in began in April 2005. 5 A Semblance of Law This report is based on the data base against Palestinians. Accordingly, the created by Yesh Din’s work and its sample forming the basis of this volunteers over the past year. The report is extensive, and enables the report is based on the investigations drawing of valid conclusions regarding conducted by Yesh Din’s volunteers the overall response of the SJ District and the organization’s monitoring of to this type of offe the investigation files in the police’s Samaria and Judea (hereinafter - SJ) • More than 90% of the District. The report’s findings indicate complaints and files in a general phenomenon of absence which the investigation was of adequate law enforcement by completed were closed without the authorities upon settlers who indictments being submitted. commit offenses against Palestinians. • 96% of the files on trespassing The report documents serious faults (including all the cases of in all stages of the law enforcement harming trees) in which the process. In the committing of investigation was completed offenses, IDF soldiers present on were closed without the scene show a grave tendency to indictments being submitted. ignore offenses (Chapter 3); in filing • 100% of the property offenses complaints, Palestinian complainants in which the investigation was face physical and bureaucratic completed were closed without difficulties (Chapter 4); above all, the indictments being submitted. investigation stage shows faults in the • 79% of the assault files in examination of incidents, failure to which the investigation was implement the required investigatory completed were closed without steps, and sometimes an unwillingness indictments being submitted. to undertake even a cursory • About 5% of the complaints investigation (Chapter 5). filed were lost and apparently were never investigated. The report’s findings are based on Yesh Din’s monitoring of 92 investigation files opened at the SJ In addition to collecting data and District of the Israel Police, the vast producing statistical findings, Yesh Din majority in 2005 and 2006, and a closely studied 42 investigation files smaller number in the three preceding that were closed. In more than half of years. From January to November the cases Yesh Din identified failures 2005, 299 investigation files were and faults in the investigation, for which opened by the SJ District relating to the organization submitted appeals offenses committed by Israeli civilians against the decision to close the files. 6 The main failures found are: indicting suspects. • The complaints and testimonies • An examination of files that were written in Hebrew rather were closed for reasons of “No than Arabic – the language in Criminal Culpability” raised doubts which they were given. as to the decision to close those • The police investigators rarely files for that reason, considering went out to the scene of the they were subject to insufficient offense, and in cases when they investigations. did arrive at the scene, there were failures in documenting the scene. Elaboration of