Kraiot Court Decides Not to Convict Five Palestinian Citizens in Connection with April 1998 Protests

On 8 January 2002, Judge Eitan Magen of the Magistrate Court of Kraiot decided not to convict five Palestinian citizens from the Shefa’amr area, charged with attempting to assault police officers and performing inappropriate actions in a public place. The five were represented by Adalah staff attorney Jamil Dakwar.

Judge Magen recommended that the prosecution “close the file” against the indicted persons, after serious problems were revealed with the evidence presented by the prosecution, linking them to the alleged actions. The prosecution agreed to withdraw its original position, asking for the conviction and fining of the five men, and accepted the court’s recommendation on condition that the accused sign a commitment to refrain from committing such actions in the future.

Mr. Dakwar argued that there were severe defects in the indictment, and that it would have been better for the prosecution if the charges had not been brought to court.

The indictment against the five was filed in May 2001, alleging that they threw stones at police officers on duty in the Shefa’amr area, sometime between the late evening hours of 4 April 1998 and the early morning of 5 April. The prosecution could not establish the precise time or location at which the stone throwing took place. 

These alleged events followed demonstrations in April 1998 near the city of Shefa’amr, in protest against the demolition of three houses that were built without permits in the unrecognized neighborhood of Umm al-Sahali. Police officers used disproportionate force to disperse the demonstrators, which included firing rubber-coated bullets and tear gas. Several protestors, journalists and local residents were injured, and Palestinian citizens’ property was damaged. No investigation was opened into the police officers’ misconduct, however, nor were any criminal or disciplinary actions taken against them.