Israel Police issues formal apology to West Bank activists for wrongful detention, questioning
Three
men from the Taayush organization were held in a police station for
more than five hours in 2013 before being released without charge.
By Amira Hass | Jun. 20, 2015 | 5:54 PM | 1
The
Israel Police has officially apologized for detaining and questioning
left-wing activists who documented illegal construction near the West
Bank settlement outpost of Avigail.
The
written apology was part of a compromise between the state prosecution
and two activists from the Taayush organization, who had sued after
police opened an investigation and detained them for no good reason. The
state also paid the activists 12,000 shekels ($3,150) in compensation.
Jerusalem Magistrate’s Court last week gave the agreement the force of a
verdict.
The suit – whose
description of events wasn’t challenged by the prosecution – accused the
police of arresting the activists mainly to please the illegal
outpost’s security coordinator.
The
incident started on March 30, 2013, when Palestinian farmers informed
Taayush – a grassroots movement of peace-seeking Arabs and Jews – that
illegal construction was proceeding near Avigail, even though Israel’s
Civil Administration in the West Bank had issued a stop-work order. The
authorities “made no serious effort to enforce the order,” the suit
said.
Three activists – Guy
Butavia, Ezra Nawi and Amiel Vardi – went to the site to film the
construction. They also called the Civil Administration, which sent an
inspector.
But when the activists
tried to leave, Avigail’s security coordinator, Ahikam Halleli, blocked
the way with the outpost’s security vehicle. He said he wouldn’t let
them leave until the police arrived – even though both the Civil
Administration inspector and army officers who were present said there
was no justification for detaining them.
About
45 minutes later, policeman Yaniv Ohana arrived and told the activists
they could go home. But after a brief conversation with Halleli, he
changed his mind, the suit said. He told the activists they came to
create a provocation, and that stopping illegal construction wasn’t
their job. They then asked why the police didn’t stop it.
“I’ll
do my job, and you do yours,” Ohana responded. “Next time you enter
this community, I’m detaining you all for disturbing the peace ...
You’re known as left-wing activists, and I have no problem doing this
legally, okay? I’m telling you, that’s how we’ll work starting from tomorrow.”
Two
days later, the activists returned to the area, having been summoned by
Palestinians who said settlers from another outpost were attacking
them. But en route, a policeman barred their way and said he was
detaining them for questioning, because complaints had been filed
against them and “an investigation was opened for disturbing the peace.”
The
three were taken to a police station in Kiryat Arba and questioned for
about five and a half hours. The interrogator, Advanced Staff Sgt. Maj.
Sami Hamza, described their offense as follows: “You weren’t allowed to
leave? Right? So look, you caused a disturbance of the peace.”
At
the activists’ request, the case was finally closed in December 2013 on
the grounds that no crime had been committed. Two of them, Butavia and
Nawi, then decided to sue.
In
their apology, police wrote, “The Israel Police regrets that a police
investigation was opened against the plaintiffs because of an incident
on March 30, 2013, and apologizes for the plaintiffs’ ensuing
detention.”
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