Commission Ends Hearings with Testimony from Barak into his Responsibility for the Deaths of 13 Arab Citizens of Israel
The official Commission of Inquiry into the October 2000 protest demonstrations ("Commission") concluded its public hearings on 21 August 2002 with the testimony of former Prime Minister Ehud Barak. Barak was the most senior government official to receive a warning letter from the Commission concerning his potential responsibility for the killing of 13 Arab citizens of Israel and injury of hundreds by the police during October 2000. Barak answered questions posed by his attorney on 20 August 2002, followed by inquiries by the Commission's members on 21 August 2002. Barak blamed the Arab political leadership for incitement, which resulted in the October 2000 events. Key points concerning the testimony follow.
Contradictions Regarding the Orders Given by Barak to the Police
In the warning letter issued to Barak on 27 February 2002, the Commission stated that he might be responsible, inter alia, for "ordering police to use every means to keep roads open, with specific reference to Route 65 (the Wadi Ara Road), thus ignoring the many casualties, including fatalities, that could have been, and should have been anticipated as a result of the order, and that it was liable to further inflame the riots."
Barak testified that such an order was never given and the actions taken by the police in October 2000 do not reflect his orders. Indicators suggest, however, that Barak gave this order. In a radio interview on 2 October 2000, the day after the first killings of Arab citizens, Barak stated that:
"We cannot accept and will not accept either the blocking of roads or disruption of ordinary lives, by citizens inside the state. In a discussion which went into the night yesterday at my home, I instructed the Minister of Internal Security and the police commanders who, by the way, deserve great compliments for their self-restraint yesterday during the demonstrations, but I told them that 'you have the green light for any action necessary to bring about the rule of law, to preserve public order and to secure freedom of movement for the citizens of the state, anywhere in the state.'"
When questioned about this interview, Barak testified that what he said on 2 October 2000 was not relevant, that such an order was never given, and that he made these statements only to calm public concerns. Barak insisted that his orders given on 1 October 2000 were relevant, and that the police actions do not reflect this order. However, the evidence available of Barak's statements made during the 2 October 2000 radio interview, as well as his statements made at the beginning and the end of a 2 October 2000 morning government meeting indicate that the police were told to use any means to open the roads. After Barak's order was given, 2 October 2000 witnessed the largest number of Arab citizens killed and the use of snipers against demonstrators on the Wadi Ara Road and in Nazareth.
In addition, there are contradictory versions of events regarding the recording of the crucial meeting that took place on 1 October 2000 at Barak's home. Barak referenced this meeting in his 2 October 2000 radio interview. This meeting was crucial, as Barak allegedly gave the police orders to open the roads using any means necessary at this time. Barak called for and headed the meetings held at his home on both 30 September and 1 October 2002. When the order to use any means to open all roads was given, Barak had knowledge of the events of 1 October 2000 in which one person was killed and many others injured on Wadi Ara Road. Barak's military secretary, Gadi Eizenkot, was present at both meetings conducted at Barak's home.
One source of contradiction is the testimony of Barak's military secretary, who testified before the Commission on 25 July 2001 and then again on 18 August 2002. The military secretary was responsible for recording the government meetings held at Barak's home. During his testimony on 25 July 2001, the military secretary stated that no tape recording was made of the 1 October 2000 meeting. On 18 August 2002, the military secretary elaborated on this point and testified that he tried to record the 1 October 2000 session, but that he later discovered that the tape recorder was not working for technical reasons.
On 13 August 2002, Barak's attorney submitted an affidavit to the Commission from the assistant to Barak's military secretary. In the affidavit, the assistant stated that the military secretary had brought a tape recorder to the meeting on 30 September 2000 [as opposed to military secretary's testimony that it was 1 October 2000]. According to the affidavit, they learned only after the meeting, that a recording was not made for "technical reasons." The military secretary, during his testimony on 18 August 2002 to the Commission, confirmed that he had spoken to his assistant during the two weeks prior to giving his testimony to the Commission.
Testimony Regarding MK Ariel Sharon's Visit to al-Haram al-Sharif
After questioning by his attorney, Barak was cross-examined by Adalah. Adalah's General Director Hassan Jabareen, Advocate began the cross-examination by inquiring into the former Prime Minister's granting of permission to then-MK Ariel Sharon to visit al-Haram al-Sharif in Jerusalem on 28 September 2000. Barak had testified that the visit was coordinated with Palestinian officials. Adalah challenged these assertions by presenting Israeli police documents that contradicted these claims. These documents clearly show opposition from the Palestinian leadership regarding visits to the holy site, particularly a visit by Sharon, the Defense Minister during the Israeli army's invasion into Lebanon and the Sabra and Shatila massacres. In response, Barak stated that the police documents simply prove that they were doing their job.
Adalah then confronted Barak with the Sharam el-Sheikh Fact-Finding Committee Report ("The Mitchell Report"), which addressed how events began:
"In late September 2000, Israelis, Palestinians, and other officials received reports that Member of Knessset (now Prime Minister) Ariel Sharon was planning a visit to the Haram al-Sharif/Temple Mount in Jerusalem. Palestinian and U.S. officials urged then Prime Minister Ehud Barak to prohibit the visit. Mr. Barak told us that he believed the visit was intended to be an internal political act directed against him by a political opponent, and he declined to prohibit it."
Barak's attorney objected to every question posed by Adalah pursuant to presenting the Mitchell Report, and Justice Or, Chair of the Commission, responded to these objections by rephrasing all of Adalah's questions. As a result, Attorney Jabareen informed the Commission that further cross-examination would be ineffective, and that Adalah would stop its questioning of Barak in protest.
Evidence Regarding Barak's Attitude Toward Arab Culture
Evidence before the Commission revealed that although about 95% of Arab citizens voted for Barak in 1999, Barak held no meetings with concerning equal rights for the Arab community in Israel until 26 October 2000 (after the protest demonstrations), despite the many requests to do so. At the end of Barak's testimony, Adalah submitted an interview given by Barak and published in theNew York Review of Books on 13 June 2002, as an exhibit to the Commission. In the interview, Barak made the following comments about Arab culture in general and Palestinians, in particular:
"They are products of a culture in which to tell a lie ... creates no dissonance. They don't suffer from the problem of telling lies that exists in Judeo-Christian culture. Truth is seen as an irrelevant category."
Based on the evidence before the Commission, former Prime Minister Ehud Barak:
- Had foreseen the October 2000 protest demonstrations and made preparations to respond accordingly;
- Issued orders to the police to open the main roads by any means necessary;
- Provided his full support to the police in their handling of the demonstrations, including their failure to prevent the killings;
- Made no effort to immediately investigate the deaths and injuries resulting from the October 2000 protest demonstrations.
Accordingly, pursuant to Israeli domestic and international law, it is Adalah's position that former Prime Minister Ehud Barak has direct command responsibility for the deaths of 13 Arab citizens of Israel and the injury of hundreds more during the October 2000 protest demonstrations.
See also Adalah's News Update, "Barak and Ben Ami Shirk Responsibility for the Events of October 2000," 9 December 2001.
