12
ISRAELI LAW ENFORCEMENT
IN THE WEST BANK
1. The International Association of Jewish Lawyers and Jurists ("the IAJLJ") is committed to the promotion of human rights, including those of Palestinians residing in the West Bank. In the context, the IAJLJ has reviewed a large number of materials regarding the issue of law enforcement in the West Bank and the protection of the rights of the Palestinians residing in this area.
2. The various materials reviewed by the IAJLJ show that Israel places a high degree of importance on law enforcement in those parts of the West Bank where it continues to exercise such functions in accordance with the Oslo agreements and has taken extensive measures to prevent violence against Palestinians, to investigate criminal complaints concerning incidents in the West Bank and to prosecute perpetrators in appropriate cases. It is important to note that the great majority of the Israeli population in the West Bank is law-abiding and has no connection to criminal acts committed against Palestinians. However, the IAJLJ views with concern the infringement of the human rights of Palestinians in the West Bank by a small group of violent extremists, as manifested by nationally-motivated crimes referred to as "price tag" crimes. [1]
3. The IAJLJ has found that Israeli officials, including high-ranking politicians and senior officials from the Israel Police, the Israel Defense Forces (IDF) and other Israeli security agencies carrying out law enforcement functions in the West Bank have stated unequivocally that there is a policy of "zero tolerance" towards the phenomenon of "price tag" crimes in the West Bank. Israel's most senior political and security leadership has publically condemned such acts of violence[2] and has made clear that the eradication of these acts is a national priority through the dedication of extensive national resources to combat such acts through the establishment of designated taskforces, the allocation of funds and the addition of manpower. Prime Minister Benjamin Netanyahu has strongly condemned these actions, as have numerous additional members of the Israeli government, making clear that such incidents "have no place in the State of Israel"[3] and are criminal acts that "must be severely punished…"[4]
ROLE OF THE ISRAEL POLICE IN INVESTIGATING OFFENCES COMMITTED IN THE WEST BANK
4. The authority to investigate crimes committed in those parts of the West Bank remaining under Israeli control pursuant to the Oslo agreements, including offences committed by Israeli settlers, is vested in a special division of the Israel Police, with certain areas of responsibility shared with the IDF.
5. Soon after the area came under Israeli military control during the Six Days War, the IDF Military Commander in the West Bank issued Order No. 52 on July 14, 1967, granting Israel Police personnel the same legal powers in the West Bank accorded to IDF soldiers in the area. This order was based on the underlying premise that the Israel Police possess particular expertise in dealing with issues of law enforcement. Israel Police authority in the West Bank is thus similar to police functions in Israel. Furthermore, IDF soldiers are instructed to cooperate fully with the Israel Police and do everything in their power to prevent criminal activities in this area. In this regard, IDF forces are instructed to intervene immediately in every disturbance of public order, including the detention of suspects until the police arrive[5].
Units Dedicated to Investigating Crimes Committed in the West Bank
6. The information reviewed by the IAJLJ shows that the Israeli authorities have invested considerable resources in ensuring efficient and professional law enforcement in the West Bank. On February 27, 1994 the Israeli Government formed a National Commission of Inquiry headed by former Chief Justice of Israel’s Supreme Court, Meir Shamgar, to consider law enforcement issues relating to crimes perpetrated by Israelis against Palestinians residing in the West Bank. The Shamgar Commission recommended that the Israel Police create a new and sixth Police District, the Samaria and Judea District (the “District”), dedicated to investigating and prosecuting crimes committed in these areas.[6] The police force in the District includes professional police investigators, who are fluent in Arabic, as well as a team of prosecutors. It also includes a Central Unit, with highly experienced investigators, which handles the more serious crimes. The Israel Police has dedicated efforts and resources in order to investigate crimes and bring perpetrators in the District to justice.
7. In addition, a special investigation team, dedicated to more complex cases regarding ideologically-based crimes, was created within an elite unit in the Israel Police specializing in sophisticated and wide-scale crimes (NUIC).
8. Furthermore, on October 11, 2012 Israel’s Prime Minister announced that an elite unit within the District would be created, in order to investigate so-called “price tag” actions perpetrated by Israelis against Palestinians and that all necessary steps be taken in order to allot this unit with the necessary budget and manpower. These steps include a 24 Million NIS ($6.3) budget increase, as well as considerable additional manpower.[7]
9. In addition to the above-mentioned Israel Police units, on November 19, 1995, Israel created an inter-agency team on Incitement, Uprising, Ideological Crimes and Law Enforcement in the West Bank.[8] The team is headed by the Deputy State Attorney of Israel and includes representatives from the Office of the State Attorney, the Israel Security Agency (“ISA”), the Israel Police and the IDF. The team meets to discuss, inter alia, inter-agency cooperation over matters concerning offences committed against Palestinians in the West Bank. The team is also responsible for monitoring criminal proceedings against suspects and defendants for such offences.
10. In 2011, the Israeli Government convened a special inter-agency team headed by the Ministers of Justice and Internal Security, and including representatives from the IDF, the Israel Police, the Office of the State Attorney and other relevant bodies, to eradicate violence motivated by nationalism and promote law-enforcement in the West Bank[9].
THE PROCESS OF INVESTIGATION AND PROSECUTION OF COMPLAINTS FILED IN THE WEST BANK
11. Any individual – Israeli, Palestinian or other national – can file a complaint regarding criminal offences that were allegedly committed in the District. There are eight Israel Police offices in the District, located in the District Coordination Offices (DCOs) specifically situated near the major Palestinian cities of Jenin, Tul-karem, Qalqilya, Nablus, Ramallah, Bethlehem, Jericho and Hebron.[10] A fluent Arabic-speaking Israel Police officer is stationed in each of these DCOs, which are accessible to all Palestinians. These officers are responsible for contact with the local Palestinian population and with the Palestinian Police, and receiving complaints from Palestinians, including those regarding crimes committed against them by Israelis. After receiving the complaints, the DCO Police officer transfers them to the relevant investigative police units in the District. When necessary, the complainants are invited to additional interviews with the relevant investigators.
12. At the conclusion of the investigation, a decision is made by a senior police officer whether to transfer the case for prosecution or close it due to lack of evidence, lack of guilt or on the ground that it is not in the public interest to pursue the case. A decision to close a case is appealable to Israel’s Attorney General.[11]
13. According to the Minster of Public Security[12] Between January and May 2012 289 investigation files were opened by the Israel Police, 24 indictments were filed by the Police Prosecution and 25 files were transferred to the Office of the State Attorney. The Minister of Public Security further stated that there was a decrease in the number of nationalist-based criminal offences in comparison to the previous year.
14. The IAJLJ has inquired with the Israeli prosecution authorities whether there were any specific factors that increase the difficulties associated with investigating complaints filed by Palestinians against Israelis. The information conveyed to the IAJLJ indicates, for example, that many complaints are filed a considerable time after the commission of the alleged offence. This impedes the conduct of the investigation, including the gathering of forensic evidence. In addition, the Police do not always have immediate access to the scene because of security concerns, making it difficult to obtain forensic evidence. In certain cases, there may also be reluctance on the part of both sides to cooperate with the Police, which further complicates the investigative process. In other cases, the prosecution authorities encounter difficulties when the complainant fails to appear in court to testify, requiring withdrawal of the indictment. It appears that the District Police make significant efforts to facilitate the conduct of criminal trials. These include providing Palestinians with transportation from area A of the West Bank to courts in Israel.
Prevention of Criminal Activity
15. The materials reviewed by the IAJLJ further show that in addition to investigating criminal complaints, great efforts are made to prevent criminal activity from taking place. These efforts are constant and wide-ranging. They involve quick response efforts by the authorities, as well as surveillance and information gathering efforts. On the basis of such intelligence, these efforts to prevent crimes also include the use of administrative measures, such as orders denying certain Israelis access to different areas on the basis of specific intelligence and the issuance of orders establishing Closed Military Zones. The Minister of Public Security has stated [13] that between August 2011 and June 2012, 32 such orders have been issued against Israeli national where there was information that they were likely to commit offences against Palestinians and Israeli security forces in the area. Petitions by Israeli nationals to the High Court of Justice challenging the legality of such exclusion orders were denied, and the Court emphasized that while these administrative orders infringed certain rights of the individuals concerned, these steps were necessary in order to ensure public order in the West Bank and to prevent violence against others.[14]
16. The Israeli authorities have also taken broader measures to prevent nationally-motivated crimes. These have included the decision of the Ministry of Education to close the "Dorshei Yehudecha" yeshiva high school in the settlement of Yitzhar, due to the involvement of both students and staff in acts of violence against Palestinians and Israeli security forces. In addition, the Ministry of Education decided to stop financial support to the high Yeshiva "Od Yosef Chai" for similar reasons.[15]
17. In this context, the Israeli authorities have also made substantial efforts in particular to ensure that olive harvesting conducted by Palestinian farmers in the West Bank takes place uninterrupted. In the past, Palestinian farmers would at times suffer harassment from Israeli extremists during the olive-picking season.
18. In recent years, the state authorities have taken it upon themselves to combat this phenomenon. Accordingly, preparations for the harvesting season each year are led by the IDF Central Command in close coordination and cooperation with the Civil Administration, Border Police and the Israel Police. These include coordination meetings with relevant Palestinian bodies, including the Head of the Olive Council, the different Palestinian coordination and liaison offices, heads of villages and the Palestinian Agriculture Ministry. In addition, in the course of these preparations, military representatives meet with civil rights groups and non-governmental organizations which assist the Palestinian population during the harvest. This dialogue continues throughout the picking season in order to resolve disturbances as they occur in real-time. Legal counsel is provided throughout this process as needed by the Office of the Legal Advisor in Judea and Samaria, which also makes itself available to civil rights groups and offers assistance in the event that incidents occur during the harvest.[16]
19. As a result of this planning process, field visits were conducted by military and police personnel in order to locate potential areas of friction, and these were mapped in advance. It was decided to close off the access from Israeli settlements to certain areas towards the olive picking season and during the season itself in order to allow the local population to pick the olives without disturbance. Other areas were closed off entirely to ensure that entry by Palestinians would be conducted in advance coordination with the military. Military and police forces in these areas were reinforced during the olive-picking season itself. These forces were briefed with respect to the significance of the olive-picking season for the local Palestinian population and the underlying principle that access to their land was generally not to by denied, in accordance with the Supreme Court's principles.
20. Data with respect to the 2011 olive harvest indicates that the Israeli Government's efforts have been effective. During the olive season of 2011 there was 52% reduction in conflicts and frictions between the residents, as compared to the olive season in 2010.[17] The IAJLJ is confident that the Government's efforts in this arena will continue to bear fruit.
EXAMPLES OF THE HANDLING OF CRIMINAL CASES REGARDING OFFENCES COMMITTED AGAINST PALESTINIANS
21. The Information reviewed by the IAJLJ shows that the continuing law enforcement efforts in the West Bank are supported by prosecution and conviction in criminal courts, where appropriate. Below are several recent examples of cases regarding criminal proceedings relating to various offences committed by Israelis against Palestinians in the West Bank:
Violent Attacks against Palestinians
22. In 2008, the Office of the Jerusalem District Attorney indicted Zvi Struk for his involvement in two violent attacks on a 15-year old Palestinian teenager and two of his friends, as well as physical violence causing the death of a new-born goat.[18] On November 14, 2010, the Jerusalem District Court convicted Struk of these offences and sentenced him to 18 months imprisonment, a 12-month suspended sentence for a period of two years and payment of compensation to the complainant in the sum of 50,000 NIS ($13,157).
23. Struk appealed the conviction, as well as the severity of the sentence, while the State Attorney's Office appealed the leniency of the sentence.[19] The Supreme Court rejected Struk’s appeal and accepted the State's appeal. Accordingly, the Supreme Court sentenced Struk to 30 months imprisonment (in addition to the suspended sentence and compensation to the victim ordered by the District Court).[20] The Supreme Court noted in its judgment that: