Adalah to Mahash: The Failure to Investigate the Illegal Conduct of Police Towards Arab Citizens of Israel in Beineh, to Date, Constitutes a Serious Breach of Duty

On 25 April 2004, Adalah submitted a complaint to the Ministry of Justice Police Investigation Unit (“Mahash”) and to the Attorney General on behalf of 10 Arab citizens of Israel from Beineh, a village located in the Galilee in the north. The complaint, which includes 15 affidavits from injured individuals and eyewitnesses, photographs, and medical records, demands that Mahash open an immediate investigation into the illegal conduct of Israeli police officers against the inhabitants of Beineh on 25 February 2004. Adalah further called for the criminal indictment of police officers found to be responsible. Adalah Attorney Abeer Baker filed the complaint.

As widely reported in the media, on the morning of 25 February 2004, hundreds of police officers arrived in Beineh in order to secure the demolition of Mr. Yusef Titi's home. According to information obtained by Adalah from victims and eyewitnesses in Beineh, the police officers spread out in various locations around the village; used a large numbers of shock and tear gas grenades; assaulted many residents who were inside their homes; and caused widespread property damage in the village and to the residents' livestock. The police forces shattered car windows and the windows of homes belonging to several residents, who were, at the time, hundreds of meters away from the site of the home demolition, causing fear and terror among the people. Many inhabitants of Beineh, including children, were evacuated that day to nearby hospitals and treated for tear gas inhalation as well as other serious injuries inflicted upon them by the police officers.

According to residents' affidavits, on the morning of 25 February 2004, the Titi family was in the home of Mr. Hassan Titi in Beineh. Mr. Hassan Titi's home is located hundreds of meters away from Mr. Yusef Titi's home. Fifteen people, including five children sought refuge in Mr. Hassan Titi's home, fearing the tear gas being used by the police. Affidavits obtained from five Titi family members, as well as from other residents who were in his home at the time, confirm that some 10 police officers burst through the front door, aggressively raided the home, and brutally assaulted most of the individuals present. The police arrested three young men who were in the house, and refused to provide medical attention to one young man, despite his injuries and requests. The police officers did not identify themselves, nor did they attempt to gain the identities of any of the people present. They dragged two of the family members outside, who were bleeding and barefoot. They continued hitting them and cursing at them in a humiliating manner.

Another affidavit collected by Adalah is that of an 83-year-old Arab woman. On that day, at the time of the events, the elderly woman was in her home. She noticed a few police officers outside of her home. One of them shouted to her to open the door, but the frightened woman told him to go away. The police officers proceeded to smash one of the windows of her home and to throw a tear gas canister towards her, burning her dress and feet.

During the course of these events, Mr. Ahmed Bakri, a resident of Beineh, and Mr. Ahmad Dabah, the head of the local council, decided to approach the police and security forces in an attempt to encourage them to leave Beineh and to refrain from using tear gas. After speaking with some of the police officers, other officers, in turn, physically assaulted Mr. Bakri, without any apparent reason. Mr. Bakri was hospitalized for these injuries. Mr. Salah Dabah accompanied Mr. Bakri and Mr. Ahmad Dabah to speak with the police. The police officers also attacked Mr. Salah Dabah, causing him serious injury, including a fractured skull and severe bruising on several parts of his body. Mr. Salah Dabah was hospitalized for four days and underwent surgery.

The tear gas canisters used by the police also reached the local kindergarten. Despite the request of the kindergarten teacher, the police did not assist in evacuating the children, who began choking from the tear gas; instead, the police insulted her, using racist and humiliating language.

As Adalah argued in the complaint, the evidence collected reflects a very horrifying picture of violence by members of the Israeli police force towards the inhabitants of Beineh: “Throwing a grenade towards an old woman in her home; bursting into the homes of residents; cursing and using racist language towards a kindergarten teacher seeking to secure the safety of small children; effectuating illegal arrests; and refusing to provide medical attention leave no doubt that the police have yet to internalize the need to treat Arab citizens of Israel with respect, to refrain from causing physical harm and from acting in a humiliating manner, and to provide assistance, if necessary.” Adalah argued further that, according to the evidence presented in the complaint, the way in which the police undertook arrests and conducted searches indicates a breach of their duty under the law. Moreover, Adalah argued, these actions also violated the constitutional rights of Beineh's residents including their right to personal freedom, to property, to dignity, to liberty, and to privacy, rights guaranteed under both Israeli and international human rights law.

Adalah demanded that an investigation be opened against the police officers involved in the operation for various criminal law offenses, including: Penal Law (PL) 378 – Assault; PL 380 – Assault that causes actual bodily harm; PL 382 – Assault under aggravating circumstances; PL 333 – Grievous harm; PL 334 – Wounding; PL 280 - Abuse of office; and PL 284 and 285 – Fraud and breach of trust and failure to perform official obligation. Adalah also noted the following disciplinary offenses, under the Police Order –1971, which should be investigated: (i) negligence in the performance of a police officer's duty; (ii) behavior unbecoming to a police officer; (iii) abuse of authority; (iv) illegal detention and search; (v) impolite behavior and the use of humiliating language; and (vi) illegal use of force.

Based on the physical and testimonial evidence obtained by Adalah from the injured individuals and eyewitnesses as well as the medical reports, there is no doubt that the police used unreasonable, unjustified, and excessive force against the residents of Beineh. Thus, a thorough investigation is mandated and the indictment of those found responsible is obligatory. As emphasized in the complaint, Adalah perceives Mahash's failure to investigate the police officers' conduct to date as grave: “Refraining from investigating these events to date points to a serious breach of your work and the work of the police.”