Military probe ordered in 2003 shooting of American in Nablus

[Scurrilous]

<snip>

"The Military Advocate General, Brigadier General Avihai Mandelblit, has instructed military police investigators to open a probe into the question of whether Israel Defense Force soldiers bear criminal responsibility in the shooting of a 24-year-old American citizen and leftist activist in the Jenin refugee camp in April 2003.

The investigation was opened almost two years after Brian Avery, of the International Solidarity Movement (ISM), petitioned the High Court of Justice for a criminal probe in his case, and after both Mandelblit and his predecessor, Major General (res.) Menachem Finkelstein, refused to order such a probe, arguing that the military investigation after the incident should suffice.

Avery, from New Mexico, came to Jenin as part of his work with the ISM in April 2003. He extended humanitarian aid to local residents, among other things, assisting doctors treating the residents. On Saturday April 5, Avery and his flatmate, Jan Tobias Carlson, heard shooting. When the shooting stopped, the two called other activists and went to find out if anyone had been injured. According to testimony by ISM members present at the scene, Avery was standing under a streetlight and wearing a red vest with the words "doctor" on it in English and Hebrew on front and back. Four eye-witnesses said an IDF armored personnel carrier (APC) and a tank came into the street, and Avery and his companions raised their hands to show they were unarmed. The witnesses said the APC and the tank continued to approach Avery and when they were a few dozen meters away, the APC opened fire and shot about 30 bullets. Avery was hit in the face, his cheek was torn, and his eye-socket, mouth and jaw bones were smashed.

The IDF probe stated there was no proof the shooting had been by IDF soldiers.

In the petition, Avery's attorney, Michael Sfard, said an operational investigation by the IDF was "not a reliable tool," adding that "in a number of cases soldiers have been cleared, while the military police investigation revealed incriminating evidence and resulted in harsh indictments."

http://www.haaretz.com/hasen/spages/792510.html



Israel Court Orders Forces to Reopen Case

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=124&topic_id=87319


ISM activist: "You live in fear for your life every day"

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=124&topic_id=55650

[Tom Joad]

1. The shooting was in Jenin, though Brian did spend much time in Nablus...

Obviously the error is from Haaretz, as that is the title of the article as now appears on the website.

How do i know Brian spent time in Nablus? Because we volunteered there together. Brian was, and is, a brave and good soul. We spent hours together watching the treatment of Palestinians at Israeli checkpoints. One day at a checkpoint can really open your eyes. Brutality and dehumanization, Palestinian after Palestinian, every old man, every young child, feels the brunt of this inhuman status quo.

What happened to Brian is what happening to Palestinians day in and day out. they are shot without any accountability from the Occupation Army. Palestinians treated with the same total lack of regard for their lives and safety would never get a day in an Israeli court. it takes years to even get some semblance of justice for an American or European.

I do suspect the "investigation" will be a whitewash, and the military, when it finishes investigating itself, will be deemed innocent. Unless there is enormous pressure to bear on the Israeli authorities. It probably won't come from the US State Dept.

[breakaleg]

2. Thanks for posting. I'll be interested to see what comes of this.