No Accountability

Soldiers who shot 16-year-old in the back charged with “reckless and negligent act”; COs who ordered the stakeout will not be held accountable

31 December 2015, updated 19 December 2018

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Update: On 5 January 2014 the MAG Corps informed B’Tselem that the additional investigation had been completed and that it had received the case for review. On 27 March 2013 Samir ‘Awad’s father, Ahmad ‘Awad, petitioned the High Court of Justice together with B’Tselem, demanding that the MAG issue a determination on the case: either indict the soldiers who killed Samir ‘Awad or close the case file. On 30 December 2015, the Central District Attorney’s Office indicted the two soldiers who fired on charges of “a reckless and negligent act using a firearm”. Their trial began on 22 September 2016 at the Ramla Magistrates Court. On 5 June 2018, the State Attorney’s Central District Office told the court that it is withdrawing the indictment because the prosecution’s evidence has been weakened, so there is no longer “a reasonable prospect of conviction.” 

On Thursday (30 December 2015) the Central District Attorney’s Office filed an indictment against the two soldiers who, on 15 January 2013, shot and killed Samir ‘Awad, 16, near the Separation Barrier in Budrus, Ramallah district. The indictment was filed in accordance with the state’s assurance to the High Court of Justice (HCJ) that the soldiers would be charged with reckless and negligent use of a firearm by the end of 2015. The arraignment will take in the Ramle Magistrates Court on 14 April 2016.

Samir ‘Awad being evacuated from the scene after being shot. Photo: 'Abd a-Nasser Murar
Samir ‘Awad being evacuated from the scene after being shot. Photo: 'Abd a-Nasser Murar

The facts of the case as described in the indictment are in keeping with the results of B’Tselem’s inquiries. The indictment states that commanders in the 71st Armored Corps Battalion ordered a stakeout near the Separation Barrier for the express purpose of “preventing sabotage to the barrier”. The stakeout unit split into two groups and waited inside the barrier system, which is made of several fences and a patrol road in between, and on the “Palestinian” side of the barrier. ‘Awad did not notice the soldiers and entered the barrier system through an existing breach in the fence. The troops then showed themselves and began pursuing ‘Awad, who had gotten caught in the barbed wire fence, but managed to break loose and escape, with the unit commander and another soldier in pursuit. The indictment describes how while in pursuit, the soldiers first fired in the air, and then fired eight bullets in succession at the fleeing boy. According to the indictment, all the shots at ‘Awad were fired in circumstances in which gunfire is prohibited under open-fire regulations, with five shots fired even without looking through the gun sights.

The disparity between the egregious conduct of the soldiers and the minor charges being brought against them beggars belief. Reckless and negligent use of a firearm is one of the lightest firearm use offenses. The maximum penalty it carries is a three-year jail term. In choosing to charge the soldiers with this count, the State Attorney’s Office is sending a clear message to security personnel in the Occupied Territories: even if you kill Palestinians who pose no danger to anyone, even if you breach regulations, we will take action to cover up the matter and make sure it ends without any real accountability.

Another aspect of the cover-up is that the focus is only on the soldiers involved in the incident on the ground. The indictment makes no mention of the command-level responsibility for ‘Awad’s death, addressing neither the orders given to the stakeout unit or the arms and gear it was given for the mission, not the very decision to mount such a stakeout. The failure to examine these questions lends support to the military’s policy of posting armed stakeouts for the express purpose of preventing sabotage to the Separation Barrier or stone-throwing near it - a policy that continues to cost lives. The last such case documented by B’Tselem resulted in the death of Lafy ‘Awad on 13 November 2015.

The similarities between the killing of 16-year-old Samir ‘Awad and the killing of Lafy ‘Awad in the very same spot are chilling. In both cases, soldiers were in a stakeout near the Separation Barrier inside Budrus, and in both cases, soldiers fired at the backs of youths who were fleeing and posing no danger to anyone.

Now, this policy of armed stakeouts, a tactic that has been proven to be dangerous and lethal, will continue taking the lives of Palestinians with the approval of the justice system.

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21 March 2012

מחסום בידו/בית איכסא. צילום: ענת טואג, מחסום ווטש, 11.4.21

Open-Fire Policy

Palestinian rams car into Border Police officer at checkpoint; officers respond by firing in every direction, killing 4-year-old girl riding in a taxi

On Sunday, 7 January 2024, at around 5:00 P.M., Muhammad and Duha Abu ‘Eid, a couple from the village of Bidu in al-Quds District, arrived at the military checkpoint at the entrance to Beit Iksa. They accelerated into the checkpoint and hit a Border Police officer, lightly injuring her. Two officers who were standing next to her and were not injured opened heavy fire, killing the couple and firing more than 30 bullets at a shared taxi that was crossing the checkpoint ahead of the couple’s car. One of the bullets hit Ruqayah Jahalin, 4, who was traveling in the taxi with her family.The taxi driver continued driving until he was a few meters past the checkpoint, and then stopped. The passengers, who feared the officers would shoot them if they came out, waited in the taxi with the wounded Ruqayah. About fifteen minutes later, Ruqayah stopped breathing, and the taxi driver mustered the courage to tell the officers there was a wounded child in the taxi. The officers took the mother and daughter to a Magen David Adom ambulance that arrived at the scene, where paramedics attempted resuscitation to no avail. The mother remained in the ambulance with her daughter’s body for about an hour, at which point the officers removed the body and placed it on the ground, a few meters away from the bodies of the couple from the first car.After about half an hour, Ahmad Jahalin, Ruqayah’s father, arrived. He and his wife were kept at the checkpoint, where they were interrogated, until after midnight. They were then allowed to go home, but without their daughter’s body, which was left lying on the ground. It was not until 16 January 2024, nine days after Ruqayah was killed, that the military returned her body to her family.B’Tselem field researcher Iyad Hadad collected testimonies from the mother and from the taxi driver on 10 January 2024:‘Aishah Jahalin, 39, a mother of six, said:On Sunday, 7 January 2024, I was with my four children, Marwa, Rahmeh, Ruqayah and Muhammad, on a family visit in Beit Hanina al-Balad. At 4:50 P.M., we set out to go home to the village of Beit Iksa. We were riding in a shared Ford Transit taxi. I knew the driver. There were two women from the village, whom I don’t know, with us in the taxi. One was sitting next to the driver and the other behind him. I was sitting next to the one behind the driver, and the children were sitting next to me and behind me.We got to the checkpoint at 5:00 P.M. We were between 15 and 20 meters away from the first gate, waiting for a signal from the police. There were no cars ahead of us. After a minute or two, the gate opened and the driver advanced and stopped in front of the inspection room, in the middle of the checkpoint. There were a policewoman and two policemen there. The policewoman took ID cards from the driver, the two other women and me. She looked at us, gave us back the IDs and let the driver through. We were about 10 meters away from the second checkpoint gate, and the driver was driving slowly towards it.Suddenly, I heard a commotion and police officers shouting, and then heavy gunfire started behind us. The bullets penetrated the taxi and glass shards flew everywhere. I put my head down immediately and hid behind the driver’s seat. Everyone else did, too. I pulled Muhammad down to the floor of the taxi, in front of me. Then I turned around and pulled Ruqayah, too. That’s when I discovered she was wounded. There clothes on her back had blood on them and she was crying. I sat her in my lap and tried to calm her down. The seconds that passed until the shooting stopped felt like a year. Meanwhile, the driver kept driving, passed the gate and then veered right and stopped.I wanted to get out of the taxi to ask for help for Ruqayah, but the driver told me they’d shoot me if I went out. I sat with Ruqayah inside the taxi. She was in a lot of pain. There was a big commotion outside. A lot of forces came, of all kinds, and they all gathered near the inspection room, around a car that must have come after us. I didn’t understand what happened exactly.About 15 minutes later, Ruqayah went silent. She wasn’t moving or breathing. The driver called out to one of the police officers, and he answered something I didn’t understand. It was only then that I dared get out of the taxi with Ruqayah. One of the police officers saw me and asked what I wanted. I told him my daughter was injured. He didn’t understand what happened and how she was injured, so I told him the police officers shot her.The officer took me to a Magen David Adom ambulance that was there. I don’t know when it got there. They put me and Ruqayah in the ambulance, put her on the bed and hooked her up to oxygen. They tried to give her CPR, but it didn’t help. Then they gave her electrical shocks, but it didn’t help either. She didn’t respond. They tried for a few minutes and then the paramedic told me he was sorry, but Ruqayah was dead.They closed the ambulance door and left me in there for about an hour. No one spoke to me. I sat there, holding Ruqayah and crying. After about an hour, they took her, laid her by the side of the road and covered her. They told me to stand aside, 10 meters away from her.I asked them to call my husband. I was scared. My whole body was shaking. I didn’t know what was going to happen. After about half an hour, my husband Ahmad came. Some people questioned Ahmad and me. One said he was a police officer and another said he was from the army. I was in shock and didn’t really answer their questions, so they directed most of the questions to Ahmad. I saw two more bodies by the side of the road, covered in an aluminum blanket.About 40 minutes after Ahmad arrived, I saw the driver was back. He said he’d driven the children to our house in the village. The police checked the taxi and interrogated the driver. At 11:00 P.M., they brought a tow truck that took the taxi and the other car away. They only let us leave until midnight, but they wouldn’t let us take Ruqayah’s body with us. They still have it. They’re saying it’s in order to complete the investigation and run forensic tests [the body was returned to the family on 16 January].The taxi driver said:I work the line between Beit Iksa and nearby villages. On Sunday, 7 January 2024, at 4:45 P.M., I drove seven passengers from the Bidu roundabout to Beit Iksa: Two women, one of whom sat next to me and the other behind me, and a mother with four children. The mother sat in the middle seat in the middle row, with some of her children next to her and some in the back seat.We got to the checkpoint at 5:00 P.M., and I followed the instructions. I stopped in front of the “stop” sign and after less than a minute, the police officers opened the gate and one of them signaled for me to advance. There were two policemen and a policewoman there. I advanced until the taxi was next to the guards’ room. The policewoman asked for the ID cards of the people in the taxi. She checked them and then gave them back to us and opened the gate for us. I drove on slowly.I drove towards the second gate, which had already been opened. When I was about five meters away from it, and ten meters from the police officers, shots were fired at us from behind. There was panic and shouting in the taxi. I put my head down and hit the gas pedal to get away from there. Bullets shattered the rear window and entered the car. I drove about ten meters without seeing anything in front of me. After I went through the second gate, the engine went off. I must have taken my foot off the clutch in confusion.The shooting stopped after less than a minute, but even then, I was still in shock and didn’t even know if I’d been hit. I asked everyone to check themselves and the passengers said they weren’t hurt, except for one girl who I later found out was named Ruqayah. I called the Bidu village ambulance and told them a little girl was injured in a taxi at the checkpoint. The ambulance from Bidu arrived within five minutes. It stopped far from the checkpoint and turned on the siren, but they didn’t let it in. Then police cars arrived, followed by more soldiers and police officers.After about 15 minutes or so, Magen David Adom ambulances arrived, I don’t know how many. It was only then that I dared stick my head out of the window, and I called out to the police in Hebrew that I had an injured child with me. The police officer immediately called the paramedics and the mother got out with her girl and went towards the area of the checkpoint. They opened the gate for her and took her with the girl to one of the ambulances. Her other children stayed with me.I asked one of the officers if I could leave, because I had little children with me, and he told me to wait. After five minutes, another police officer arrived and ordered me to leave. I drove towards Beit Iksa, about 200 meters past the checkpoint, where I met the children’s relatives and they took them. I drove on to the village, dropped off the other two passengers and went home.At 6:20 P.M., “Captain Fares” called me and said I had to come back to the checkpoint with the taxi. I went back there and stood in the right lane. There were a military investigator and police investigators there. They searched me and asked me some questions about what happened. They took photos of the taxi.I saw two bodies lying on the road, wrapped in aluminum foil. I later found out they were a couple. The girl’s body was five meters away from them. She was covered in white gauze. The mother and her husband were standing 20 meters away from me, surrounded by investigators who were probably questioning them.The investigators and I counted more than thirty bullet marks on the taxi, most of them on the right side. Some of them went through the back seat. At 7:00 P.M., they put my taxi on a tow truck and took it away from there. I was put in a military vehicle and taken to Ofer prison.I waited there for about half an hour, and then they searched me and put me in a room with someone who introduced himself as “Abu Rami.” He showed me videos from a security camera. I couldn’t see anything clearly. They took down my information and contact details. The interrogation was over after about 20 minutes and then I waited for them to take me back to the checkpoint. At about 11:00 P.M., they dropped me off there. The bodies were still there.I crossed the checkpoint on foot and my brother picked me up on the other side and drove me home.

18 April 2024

Lethal routine: The killing of Fullah Maluh, 14

Open-Fire Policy

Israeli soldiers fire at Palestinian car, killing 14-year-old and wounding driver

On Monday, 14 November 2022, at around 4:00 A.M., dozens of soldiers entered the town of Bitunya, near Ramallah. They arrested a local resident in his home, tied his hands behind his back and led him to the ground floor of a building across the street. Just then, Anas Hasunah (26) drove by in a car with Fullah Maluh (14), a girl on the autism spectrum, sitting next to him. The soldiers – some of whom were guarding the detainee and others standing further down the street – opened fire at the car, hitting both Hasunah and Maluh. The car kept moving for several meters and stopped. The soldiers then went over to it and pulled out the wounded Maluh. According to eyewitnesses, they administered first aid for a short while and then covered her body. Hasunah, who was wounded in the right arm, received first aid from the soldiers and was then taken, along with Maluh’s body, to the Ofer military camp. The body was returned to Maluh’s family in a Red Crescent ambulance. From the military camp, Hasunah was taken to Shaare Zedek Hospital in Jerusalem, where he underwent surgery and then soldiers informed him he was under arrest on suspicion of trying to run over soldiers. He was interrogated at the hospital the next day. On 17 November 2022, he was discharged from hospital and went home with no further action taken against him. After the incident, the IDF Spokesperson said that a military force identified a “suspicious vehicle advancing in its direction. The force signaled the driver of the vehicle to stop, but he accelerated towards the force. In response, the force fired at the vehicle.” Hasunah, however, told B’Tselem he did not notice the soldiers before they fired at him, and eyewitnesses said that when they caught sight of the car, immediately after the first shots were fired at it, it was driving at a normal speed. Hiyam ‘Armush (67) from the neighborhood of al-Madares in Bitunya, spoke about the incident in a testimony she gave B’Tselem field researcher Iyad Hadad on 14 November 2022: On Monday, 14 November 2022, at around 4:00 A.M., my husband woke me up and told me there were soldiers in the neighborhood. I looked out the kitchen window that overlooks the main street and saw jeeps parked on the street, no more than 70 meters away from our house. It was a rainy night, but the street lights were on and so were the headlights of the jeeps. I noticed two soldiers walking towards our neighbors’ house, across from where the jeeps were parked. At first, I thought they wanted to take shelter from the rain, but later I realized they were raiding the house to arrest one of the neighbors’ sons. I saw three jeeps and another big jeep. I don’t know if there were any other jeeps there. After a little while, I saw more than 20 soldiers coming out of the neighbors’ house, leading one of the sons with his hands tied behind his back. The soldiers took him to a side road east of our house. There’s a residential building across from us that has some businesses and a grocery store on the ground floor, and the neighbors park their cars there. My husband and I went to another window in our house to see what they were doing, but we couldn’t quite tell what was going on there. Then the soldiers led the neighbors’ son towards the storerooms on the ground floor of our building. I started heading back to the kitchen to watch them. As I was going through the rooms in the house, I heard three live shots. It sounded like it was coming from the storerooms under our house. I looked out the window right away and saw a car drive up from below and pass by our building. The headlights were on and it was driving at a normal speed. I don’t know how many people were in it, but I could clearly see the driver and a passenger sitting next to him. My husband and I were afraid of the shooting and ducked down a little. More shots were fired at the car as it advanced a few dozen meters ahead, until it stopped at the corner of the intersection. The gunfire was totally insane. There were no shots coming from inside the car. As soon as the car stopped, about 10 soldiers went over to it and violently pulled out two people. I saw them take out a wounded young man from the driver’s side, throw him on the ground and start checking and searching him. From the other side they pulled out a girl, it was obvious from her clothes. As soon as they pulled her out of the car, I saw a man, I guess he was a paramedic, cut her clothes and start CPR on her. She was probably dying or about to die. He tried for a few seconds, and then they left her and went over to the young man. They treated him and then led him away and put him in the jeep. He seemed to be having trouble walking. Then they put the girl on a stretcher and tried to put her in one of the jeeps, but put the stretcher back down on the ground. They did that more than once. After 15 to 20 minutes, they led the neighbor they’d arrested from storeroom area to one of the jeeps and put him inside it. Then they put the stretcher with the girl in the jeep with the injured young man and left the area. After they left, I went outside with my husband and sons and other residents of the neighborhood. We went over to the car the soldiers shot at. I saw blood stains on the seats and gunshot marks all over the vehicle, in the front and back and on the sides. The windows were shattered and had bullet holes in them. I saw cut-up clothes, probably the girl’s. I also saw a jacket and shirt that I think belonged to the young man. After five or ten more minutes, while we were still standing next to the car, the soldiers came back, so we dispersed and hurried back to our homes. We saw them inspect the car once again. I don’t know what they were looking for. I saw them taking pictures of the car, too. They stayed for a few minutes and then left.

12 January 2023