MAG closes file in 2009 killing of Bassem Abu Rahmeh

10 September 2013

Four and a half years have passed since the killing of Bassem Abu Rahmeh by a tear gas canister fired at him directly from a short range. The death was documented by three video angles, the state announced it is closing the case citing lack of evidence

Military Advocate General (MAG) Maj. Gen. Danny Efroni decided to close the case file in the investigation of the circumstances of the killing of Bil’in resident Bassem Abu Rahmeh, citing lack of evidence. The MAG made this decision in late July, and it was recently conveyed to the Israeli High Court of Justice as part of an updating statement by the Office of the State Attorney in a petition filed by Subhiya Abu Rahmeh, Bassem’s mother, together with Bil’in Village Council and Israeli human rights organizations B’Tselem and Yesh Din. According to the statement signed by Senior Deputy at the Office of the State Attorney, Att. Michal Michlin-Friedlander, and Assistant to the State Attorney, Att. Udi Eitan, also former Deputy State Attorney Yehoshua Lemberger had reached the same conclusion.

30-year-old Bassem Abu Rahmeh, a resident of the village of Bil’in, whose story was told in the film “Five Broken Cameras” nominated for Best Foreign Film in the Academy Awards, was killed in April 2009 after he was struck in the chest by an extended-range tear gas grenade during a demonstration against the Separation Barrier in his home village of Bil’in. Three video segments filmed during the demonstration prove that Abu Rahmeh was situated to the east of the barrier, did not act violently, and did not endanger the soldiers in any way. An analysis of the video footage of the incident, by visualization experts determined that the grenade was fired directly at Abu Rahmeh, in complete contravention of open-fire regulations.

The three films documenting the shooting synchronized to the same time line

In its response, the state did not explain the rationale behind its decision, limiting itself to the following laconic wording: “There is not enough evidence needed for criminal proceedings for adopting legal measures against any of the soldiers involved in the incident.” No information was given regarding the findings of the investigation, which the state argued had included “comprehensive and rigorous investigative actions,” or about the versions provided by the soldiers who had been questioned. Neither did the statement provide the contents of the opinions given by experts of the Israeli military and police and their interpretation of the findings disclosed by the video footage. .

Ever since Bassem Abu Rahmeh was killed, his family – aided by NGOs Yesh Din and B’Tselem – has been continuously striving to have the truth of the incident brought to light and to have those responsible for their son’s death prosecuted. Their efforts have been repeatedly thwarted by the sluggish conduct of the MAG Corps. Due to the initial refusal by the MAG at the time to launch a Military Police investigation, the investigation was opened a year and half later than it should have. The foot-dragging and procrastination in the case have continued even once the investigation was launched over three years ago. Only a petition to the High Court of Justice finally brought about a decision in the case.

In response to the statement submitted by Office of the State Attorney, Att. Emily Schaeffer of Yesh Din’s legal team said: “The decision to close the file in the killing of Bassem Abu Rahmeh is unacceptable, particularly in view of the expert opinion that determined that the tear-gas grenade was fired directly at Abu Rahmeh from a close range. Despite three separate videos that recorded the killing of Bassem, the MP and police have failed to find the factors that caused the death of an unarmed demonstrator. The conduct of law enforcement bodies in this case is further proof of the feebleness of the authorities in cases of Palestinian casualties. Moreover, it seems that there might be no intention of finding out the truth or prosecuting the offenders even in extreme cases such as this, in which there is clear-cut and unambiguous evidence. Bassem’s family, together with B’Tselem and Yesh Din, will continue in its struggle to bring the parties responsible for his death to justice.”

Att. Yael Stein, Director of Research at B’Tselem, said in response: “The unbearable procrastination taken by the authorities in this case, and the fact that the MAG only made a decision due to a High Court Petition, once again demonstrate that the MAG Corps must adopt the recommendations of the Turkel Commission without delay. This includes determining a pre-defined schedule for each stage of the investigation, and ensuring that each stage is brief. Also, the statements made by investigative bodies about their decisions must include the reasoning underlying the decision so as to enable lodging effective appeals.”

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מפגינים בבילעין. צילום: שרית מיכאלי, בצלם, 1.4.22

Open-Fire Policy

Soldiers unjustifiably shoot “Two-Two” bullets at Palestinian and injure him at Bil’in protest

On Friday, 1 April 2022, at around 1:30 P.M., a procession left the village of Bil'in, west of Ramallah, to mark Land Day, which took place two days earlier. The 150 or so participants, Palestinians and Israeli and international activists, marched about a kilometer and stopped around 100 meters from the Separation Barrier. The protesters waved flags and chanted slogans against the occupation. At least three soldiers were standing on the other side of the barrier, on an elevated, armored military post up against the fence. About 10 minutes later, some 10 young Palestinians, including ‘Ahed Tamimi (21) and her cousin Ousamah Tamimi (26), went towards the barrier and stopped about two meters away. The Palestinians swore at the soldiers, and some of them threw stones at them and at the barrier. The soldiers in the post fired tear gas canisters and hurled stun grenades at them. A military jeep drove out through a gate in the barrier, and soldiers sitting in it fired dozens of tear gas canisters. To escape the clouds of gas, ‘Ahed Tamimi entered the patrol road that runs parallel to the barrier, which was about 10 meters away from the barrier. After the soldiers fired a 0.22-inch caliber bullet (“Two-Two”), her cousin Ousamah ran towards her. At that point, one of the soldiers in the post fired two more “Two-Two” bullets, hitting Ousamah in the foot and arm. Paramedics who were waiting nearby gave him first aid, and he was driven in a private car to a Red Crescent ambulance that took him to the Palestine Medical Complex in Ramallah. The doctors found that both bullets had entered and exited his body. He was treated and discharged after a few hours. The shooting reflects Israel's open-fire policy in the Occupied Territories of using live ammunition – including 0.22-inch bullets – not only as a last resort, and not only for lack of choice and when soldiers are in mortal danger. Instead, security forces shoot protesters even when they are not endangering anyone's life. This unlawful policy, which is based on blatant disregard for Palestinians' lives, bodies and wellbeing, is fully backed by the government and by senior military officials. It follows that in this case, too, no one will be held accountable. In a testimony she gave B'Tselem field researcher Iyad Hadad on 1 April 2022, ‘Ahed Tamimi (21), a resident of a-Nabi Saleh, described the shooting during the protest: We got to the area of the Separation Barrier at 2:00 P.M. and saw the soldiers already waiting for us behind the barrier. I saw three soldiers standing in the armored post by the fence. Two had tear-gas and “rubber-bullet” launchers, and between them stood a sniper with a “Two-Two” rifle (Ruger). About 10 minutes after we got there, I went with a group of about 10 protesters up to two meters from the barrier, to provoke the soldiers. Some of the guys threw stones. I heard one of the soldiers call my name. I don't know how he recognized me. He said, "Tamimi, go away." The guys shouted and swore at the soldiers, and the soldiers threw some stun grenades to scare them and drive them away. Then they fired some more stun grenades, which landed far from us. We moved away because of the smell of the gas. Just then, a military jeep drove in through a gate in the barrier, and the soldiers in it fired a massive burst of tear gas canisters, dozens all at once. The gas spread over a large area and reached the crowd of protesters, who were more than 100 meters away from the barrier. I tried to get away from the gas and went along the dirt road the runs along the barrier. I was about 10 meters away from the soldiers when suddenly, the sniper fired a “Two-Two” bullet. I panicked and didn't know what to do. The guys and the journalists shouted at me, "Run away, run away, he's shooting at you." My cousin, Ousamah Tamimi, ran over to me and tried to get me out of the line of fire. While we were both trying to get away, the shooting of the “Two-Twos” resumed. I heard several shots. It's hard to tell exactly how many because “Two-Two” shots are muffled. One of the bullets hit Ousamah in the foot and he fell down. Then another bullet hit him in the right arm. He got up quickly and we both tried to run away. We ran for about 30 meters, and then Ousamah fell and couldn't get up. Some paramedics came over and gave him first aid, and then he was driven in a civilian car to hospital in Ramallah. After the shooting, the demonstration ended and everyone left. Later on, we went to see Ousamah in hospital. It turned his injuries didn't require hospitalization. The bullets that hit him went in and out. He was treated and discharged. God spared him, and he was saved by a miracle. I'm still in shock over what happened. In a testimony he gave B'Tselem field researcher Iyad Hadad on 3 April 2022, Ousamah Tamimi (26), a resident of a-Nabi Saleh, described being shot: The march reached its destination at around 2:00 P.M., and all the protesters stopped about 100 meters away from the barrier. Some officials made speeches against the occupation and the settlements. Three soldiers were standing in an armored post on the other side of the barrier, aiming rifles at the protesters. About 10 minutes after the speeches began, I was in a group of about 10 young guys who went towards the barrier. Some of us swore and shouted at the soldiers to provoke them. The soldiers fired tear gas canisters and threw stun grenades to disperse us. Some of the guys threw stones at the soldiers, who were in the armored post, and then they fired some tear gas canisters at us, so we moved away a bit. When the tear gas cleared again, we went towards the barrier, and then the soldiers threw a lot of tear gas canisters. Some of the guys backed off and ran away because of the gas. I ran with four other guys towards the barrier, because the wind was blowing the gas away from it. We were right up against the barrier because we thought the soldiers couldn't shoot at us at that angle. I saw my cousin ‘Ahed standing on the dirt road that runs along the fence. I heard one “Two-Two” shot and then I saw ‘Ahed running away. I ran over to her because I thought she'd been hit. She was about five meters away from me. When I got to her, she said she wasn't hurt. We tried to get out of the soldiers' firing range and the dirt road together, because we thought they were aiming at us. The soldiers were 20 meters away from us, at most. Suddenly, I felt a “Two-Two” fired by one of the soldiers hit me in the left heel. I tripped and fell. Meanwhile, the soldiers fired another “Two-Two” bullet that entered my right arm from behind and came out of the front. I got up and tried to run a few dozen meters, but fell again. A crew of paramedics ran over to me and gave me first aid. They bandaged my wounds, and someone took me to a private car that was waiting nearby and drove me towards Ramallah. On the way, near Bitunya, I was transferred to an ambulance that took me to the Palestine Medical Complex in Ramallah. I was put in the ER, examined and X-rayed. I was also given an IV and painkillers. The X-rays showed that the two bullets didn't cause any fractures and had gone in and out and didn't stay in my body. I was released two hours later for further rest at home.

29 May 2022

No Accountability

Human Rights in the Occupied Territories

The report surveys the broad spectrum of issues regarding the Israeli authorities' human rights record in the West Bank and Gaza Strip over the past year, the 44th year of the Israeli occupation. An interactive version of the report is available online and distributed through social media. The report documents a sharp increase in the number of uninvolved Palestinians killed by the Israeli security forces in the Gaza Strip in 2011. There was also an increase in the number of Israeli civilians killed by Palestinians, compared to 2010.

21 March 2012

גדר ההפרדה ליד הכפר דיר אל-עסל אל-פוקא. התמונה באדיבות התושבים

Open-Fire Policy

Israeli soldiers lying in ambush shoot Palestinians trying to cross Separation Barrier without endangering anyone, killing two brothers, injuring a third and severely abusing another young man

On Thursday, 29 February 2024, at around 4:30 P.M., three brothers from the Shawamreh family, Najm a-Din, 29, Salah a-Din, 25, and Nur a-Din, 30, arrived at the western side of the Separation Barrier, near Beit Mirsim. They were headed back home to the village of Deir al-’Asal al-Foqa in Hebron District. The three crossed the barrier into Israeli territory a few days earlier with another brother to pick some ‘aqub (gundelia). A taxi dropped them off near the barrier with another passenger, Muhammad ‘Amru, 21, who was returning from his job in Israel. The four men were planning to climb the barrier using a rope ladder. They were in touch with a Palestinian lookout who was paid to climb the barrier and warn people if Israeli forces are nearby.Najm a-Din climbed the ladder first. Soldiers waiting in ambush near the western side of the barrier fired a barrage of live shots at him. He was hit in the chest and fell on ‘Amru, who was standing under the ladder. The lookout on the barrier jumped down the eastern side and ran away. The shooting stopped, but when Salah a-Din tried to climb the ladder to the other side to escape the fire, the soldiers started shooting again. He was hit in the abdomen and chest and fell. Another bullet hit Nur a-Din, who was standing on the ground, in the head. He fell down semi-conscious. In the meantime, more than 20 other soldiers arrived, along with ambulances. They took the three wounded brothers to a military post near the town of Beit ‘Awwa. From there, the brothers were taken in Palestinian ambulances to a hospital in Dura, where Najm a-Din and Salah a-Din were pronounced dead.While some of the soldiers were evacuating the wounded brothers, others detained ‘Amru on site. They handcuffed and blindfolded him, forced him to sit on the ground and proceeded to subject him to two hours of abuse, using a stun gun on him again and again until he fainted, interrogating him, verbally abusing him and taking photos of him. The soldiers then put ‘Amru in a military jeep and drove him to a nearby military base, where 5,400 shekels (~ USD 1,470) he had on him in cash were taken from him. ‘Amru was kept in a room, handcuffed and blindfolded, until around 2:00 A.M. While he was detained on the base, soldiers gave ‘Amru at least one more electric shock. At 2:00 A.M., the soldiers handed ‘Amru a summons for questioning and then drove him to the area of the village of Fqeiqis in Hebron District, where they stopped, threw him out of the jeep, still blindfolded, and ordered him to walk while the jeep drove behind him. After he walked for about 200 meters, the jeep drove off, and ‘Amru took off the blindfold and walked about 200 more meters to the nearby village of Khirbet Salamah, where he called his family. Relatives came and took him to a hospital in Dura, where he was examined and discharged.When the fourth brother, Muhyi a-Din Shawamreh, who stayed behind to keep collecting ‘aqub, found out his brothers were shot, he tried to return home via the Tarqumya checkpoint, where he was detained by Israeli forces. On 6 March 2024, an administrative detention order was issued against him for three months.Responding to an inquiry made by Haaretz newspaper, the IDF Spokesperson said: “A few months ago, following the outbreak of the Swords of Iron War, and in the wake of the security situation, the rules of engagement were updated in the area of the security barrier and the Judea and Samaria boundary line, with the aim of preventing terrorist activity and infiltration, and in order to thwart unauthorized crossing of the barrier other than via the official points of passage. It should be emphasized that approaching the security barrier and the boundary line is forbidden and endangers one’s life. In the case mentioned, a number of illegally present [Palestinians] tried to cross over the security barrier near the village of Beit Awwa in [the territory of the] Judea Brigade. IDF troops who were on active duty in the area tried to prevent them from crossing by acting in various ways. When the suspects failed to heed the actions, the forces fired at them, and hits were observed. The circumstances of the case are being clarified.”As B’Tselem has said in the past, whatever grounds Israel offers for using live fire against Palestinians near the Separation Barrier – such shootings are unlawful and unjustifiable. The same is true for the abuse Muhammad ‘Amru suffered. As indicated by the military’s official response, the four men were shot according to the current open-fire regulations in the Occupied Territories. Using lethal fire against individuals who pose no danger to the life or bodily integrity of any other person is illegal and immoral. The fact that they were shot on their way back into the West Bank belies any claim of “suspicion” over danger they might pose, which the soldiers allegedly tried to prevent.The open-fire regulations, authorized by the senior command level, reflect Israel’s apartheid policy and its disregard for Palestinians’ lives. That is why no one will be held to account for the killing, injury and abuse, which are an implementation of this policy.B’Tselem field researcher Basel al-Adrah collected testimonies from Nur a-Din Shawamreh and Muhammad ‘Amru:Nur a-Din Shawamreh, 30, married, from the village of Deir al-’Asal al-Foqa, said on 4 March 2024:On Monday, 26 February 2024, I went with my brothers, Najm a-Din, Salah a-Din and Muhyi a-Din to the Umm Khashram area to pick ‘aqub to sell. The area across from our village has been annexed to Israel by the Separation Barrier. No one lives there. We needed money because until the war, we all worked in restaurants in Jerusalem, and then they revoked everyone’s permits and we became unemployed. We made arrangements with a guy who usually looks out when people climb the barrier and warns them when Israeli forces approach. We managed to get across the barrier and stayed there for three days. It was very cold, and all the ‘aqub plants we found were small, so we decided to go home. Only Muhyi a-Din decided to stay there.We called the lookout guy again and made arrangements with him, and called a taxi that came at around 4:30 P.M. and picked the three of us up. Muhammad ‘Amru, from the village next to ours, who was coming back from work, was already in the taxi. We rode for about half an hour on bumpy dirt roads.When we got to the barrier, everything seemed quiet. We got out of the taxi and it drove off right away. The guy on the barrier dropped down a rope ladder. Muhammad held the ladder and Najm a-Din started climbing, but he only managed to climb a few rungs before shots were fired at him and at the guy at the top. The guy climbed down the other side right away. Najm a-Din was hit and fell right on top of Muhammad, and they both fell on the ground.The shooting was intense. Salah a-Din tried to climb the ladder too, because he wanted to escape to the West Bank, but he was also hit by several bullets and fell down. I wanted to go over to him, and then a bullet hit me in the back of the head, and I fell too. I was barely conscious, and I could hear my two brothers reciting the Shahada. We lay there wounded, and then I heard voices and felt movement around me, but I didn’t understand what was happening.When I came to, I was sitting between soldiers in a white military vehicle. One of them told me in Hebrew that my brothers were still alive and were being treated. We got to the military tower near Beit ‘Awwa, and I was put in another, larger military vehicle. We waited there for about 10 minutes, and then a Palestinian ambulance came, and they put me in it. Salah a-Din was in the ambulance too. He was barely conscious and asked to speak to our dad, but I didn’t have a phone. The soldiers put a bandage on his wounds. The ambulance took us to the hospital in Dura, where Salaha-Din was immediately taken into the OR and my head wound was stitched up. A little while later, the doctors pronounced Salah a-Din dead. Later, I found out Najm a-Din was also killed. Those were extremely difficult hours.My brothers were shot in front of me, and I couldn’t do anything. I can’t believe I lost my two brothers like this. When Muhyi a-Din heard what happened to us, he went to Tarqumya Checkpoint to come home, and they arrested him there. We haven’t heard what’s going on with him since.Muhammad ‘Amru, 21, from Beit a-Rush a-Tahta, said on 3 March 2024:I work in construction in Israel, and I usually enter with a work permit. Since the war they haven’t been giving permits, and because of the tough financial situation, I had to climb the barrier that Israel built west of my village and go to work without a permit.On Thursday, 29 February 2024, I came home from work in a car that drove me to a dirt road close to the barrier near the village of Beit Mirsim, where I climb over the barrier with a rope ladder. During the ride, the driver got a call from a guy I know, Najm a-Din Shawamreh, who asked us to come get him and his brothers, Salah a-Din and Nur a-Din. At 4:30 P.M., we picked them up. They told me they went to the area on Monday, 26 February 2024, to pick ‘aqub but found that the plants were still too small and decided to go home and come back to pick ‘aqub later. All they had was a plastic bag with a little bit of wild thyme and a little bit of ‘aqub, and a bag of clothes.We called the lookout to see what was going on, and he said he was sitting on the barrier and didn’t see any soldier movement in the area. We got to the barrier around 5:00 P.M. and everything seemed quiet. The driver dropped us off near the barrier and took off immediately. The lookout was sitting on the barrier, and there was a rope ladder there. Najm a-Din climbed five rungs, up to about a meter and a half, and then suddenly, shots were fired at us. The guy sitting on the barrier jumped to the other side, and Najm a-Din fell right on top of me, and we both fell to the ground.I tried to get him off me. My clothes were soaked with his blood. I was in shock. There was a lot of shooting. Najm a-Din told me to call his mother. I pulled the phone out of his pocket and asked him what the code was, but he didn’t answer anymore. Salah a-Din ran to the ladder to climb and escape, because there was nothing there to hide behind. The barrier was in front of us, and the shooting was coming from behind us. As soon as Salah a-Din climbed the ladder, the shooting started again, and I saw bullets penetrate his body. He fell on the base of the barrier, and I saw his stomach rip open.Nur a-Din was sitting on the ground, and he got up to try and help Salah a-Din, but he was hit by a bullet in the head and fell immediately. I crawled on the ground and got close to him. I grabbed his head and tried to stop the bleeding with my hand. He also asked to call their mother. I took his phone too and asked what the code was, and he didn’t answer.The shooting stopped right after Nur a-Din fell to the ground. A male soldier and a female soldier walked up to us. They must have been hiding in the bushes and fired at us from there. The female soldier went up to Nur a-Din and bandaged his head. Salah a-Din was one meter away from me, and blood was literally pouring out of his stomach.The soldier screamed over the phone, and I stayed motionless for about 15 minutes, until five military vehicles arrived. The soldiers got out of the jeeps and went straight to us. Two of them handcuffed and blindfolded me, and then they picked me up and slammed me on the ground. Then they gave me an electric shock in the back and I blacked out. When I came to, I managed to remove the blindfold. There were more than 20 soldiers there.The soldiers blindfolded me again, and one of them spoke to me in Arabic with a Bedouin accent. He said they killed my friends, and they were going to kill me too. He swore at me. Then he asked what my name was, and then one of them threw me face down and stepped on my back. They gave me another electric shock, and I blacked out again. When I came to the second time, a female soldier spoke to me in Hebrew and asked me what my name was, and what I was doing there. She gave me water. I asked her for a cigarette. She took the cigarette pack out of my pocket, with my phone, charger and NIS 5,400 (~ USD 1,470) I had on me. She lit a cigarette for me and took all the money. I put the cigarette in my mouth, and as soon as I took the third puff, I got another electric shock and I fell to the ground unconscious again.Then I woke up and heard vehicles driving. I managed to take off the blindfold again. There were two ambulances and paramedics and soldiers gathered near the three brothers. After 10 minutes, they took all three of them away. I didn’t see exactly which vehicle they were put in. Then some of the vehicles left. The soldiers came up to me and got me to my feet. An officer asked me what my name was and demanded my ID. I told him I didn’t have it on me. He took a picture of me on his phone and then led me a few steps around where the soldiers had scattered the brothers’ clothes. The ground was soaked with their blood. One of the soldiers stood in front of me and took a picture of me with a body camera. He asked me what was in the bag and said it was drugs, hashish. I said it was thyme and ‘aqub. The soldier told me I was a liar. One of the soldiers took me and made me sit next to a white car, and then the female soldier came and put my money and phone back in my pocket. Then they blindfolded me again. Someone took the phone and money out of my pocket again, and I asked in Hebrew where my things were being taken. One of the soldiers answered in Hebrew that my things would be in the car. They put me in the car and it took off. On the way, I tried to talk to the soldiers about what happened to the guys, but no one answered.We arrived at the military camp in the al-Khish area, behind the barrier that was put up on Beit ‘Awwa land. It was about 8:00 P.M. The soldiers made me sit in a room, blindfolded and handcuffed. I asked out loud what happened to the guys, and a female soldier told me not to worry and that I would stay in the military camp until the next day, and then she left. After some time, I asked about the guys again, and another female soldier told me in Arabic that one of them was dead and told me to shut up. I asked for water, but she didn’t give me any or let me go to the bathroom or smoke. Every time I asked for something, she ordered me to shut up.I stayed in that room until 2:00 A.M., handcuffed the whole time. There were soldiers there too. They listened to music, made fun of me, and gave me electric shocks again. Then one of them gave me a piece of paper and told me I had to go to the address that was written on it on Sunday.In the end, they took me in a military vehicle to an intersection that leads to the village of Fqeiqis, close to the settlement of Negohot. The soldiers threw me violently from the vehicle to the ground. They gave me my phone and pack of cigarettes, but not the money. I was still blindfolded. A soldier told me I had to walk and he would drive behind me in the car. I walked like that for about 200 meters, and then I heard the jeep drive away. I took off the blindfold and kept walking another 200 meters until I got to a school in the village of Khirbet Salamah. I called my father from there, and then I kept walking until one of my uncles came and took me to the governmental hospital in Dura. I was exhausted.At the hospital, they did some tests, and then family members who came there took me home.

5 June 2024