The Complaint (H)
Following the appearance of Israeli Attorney General (AG) Menachem Mazuz at a press conference held on 21 September 2005 regarding the Ministry of Justice’s Police Investigation Unit’s (Mahash) report on the events of October 2000, Adalah considers the words of AG Mazuz in sweeping support of Mahash’s report extremely dangerous. AG Mazuz’s open and sweeping support for the report and its findings, given before hearing and examining the legal arguments of Adalah – the legal representative of the families of the 13 Palestinian citizens killed by the police and security forces during the protest demonstrations in October 2000 –against Mahash’s report, constitutes a grave breach of the right to due process.
Mahash released its final report on the events of October 2000 on 18 September 2005. The report contained no recommendation for the indictment of any individual in connection with the 13 killings or the injuries sustained by hundreds of Palestinian citizens of Israel shot by police officers in October 2000.
In spite of AG Mazuz’s full knowledge of the possibility of submitting appeals to him in relation to the report, and the right of the victims’ families to just procedures and due process, he nevertheless violated his duty, which he is required to carry out with honesty and objectivity. The AG’s words express a position taken prior to an examination of the relevant facts and the law as it applies to these facts, as he is legally bound to do.
The victims’ families are entitled, in principle and under the law, to file an appeal against Mahash’s decision to close the legal proceedings against the police officers who opened fire on and killed their sons, as well as the commanders who gave the orders. The appeal should be submitted to the State Attorney Eran Shendar. However, Shendar was the Director of Mahash in October 2000, and therefore responsible for Mahash’s severe shortcomings in investigating the events of October 2000. Thus, following the publication of Mahash’s report, Adalah decided that there is no possibility of submitting an appeal to Shendar, because of his clear conflict of interests.
The participation of AG Mazuz in the Ministry of Justice’s recent press conference and the statements he made during it concerning his absolute support of and trust in Mahash and its report constitute an infringement of the law, and have now foreclosed the possibility of appealing to him.
In light of these developments, on 25 September 2005 Adalah submitted a detailed complaint to the State Comptroller regarding the AG Mazuz’s participation in and the statements he made during the press conference.