Challenging Chief Military Prosecutor's Decision not to Indict Israeli Soldiers Responsible for Killing of Mr. Meteb al-Nebari

Petition filed in 12/06, requesting that the Court order the Chief Military Prosecutor to initiate criminal proceedings against the soldiers responsible for killing Mr. Meteb al-Nebari. On 10/03 a unit of Israeli army soldiers opened fire near the Jewish settlement of Negohot in the West Bank (Hebron Region), killing Mr. al-Nebari, a 31-year-old Palestinian Bedouin citizen of Israel from Tel el-Sabe (Tel Sheva). Mr. al-Nebari was unarmed and did not constitute any threat to the soldiers, and, according to the General Security Services (GSS), had no record of prior security offenses. The report of an autopsy conducted close to the time of his death stated that the lethal shooting was sustained to his back, revealing multiple injuries to the back of his body. The military police launched an investigation in 7/04 which was concluded in 4/05, with the Chief Military Prosecutor deciding not to indict any of the soldiers responsible.

The soldier who opened fired at Mr. al-Nebari stated in a testimony to the military police that he opened fire after he “saw the white in the eyes” of the deceased. The Chief Military Prosecutor accepted the soldier’s account, despite the established fact that he was shot from behind. Moreover, according to the soldiers present at the scene, Mr. al-Nebari did not move forwards toward them, and never posed any clear and immediate threat to them to warrant lethal shooting. Further, according to the report of the military police, based on the evidence gathered the Chief Commander of the Central Division of the Israeli military harshly criticized the conduct of the soldiers who opened fire and killed Mr. al-Nebari, and stated that the shooting was not carried out in accordance with military regulations. In light of these conclusions and other relevant facts Adalah argued that the decision of the Chief Military Prosecutor not to initiate any proceedings, either criminal or disciplinary, against any of the soldiers responsible for the killing is incompatible with basic legal principles governing prosecutorial discretion and thus void. For more information, see: Cause of Death Investigation 1027/03, In Re. Meteb al-Nebari, deceased, and H.C. 2366/05, Atwa al-Nebari and Adalah v. IDF Chief of Staff, et al. (above).

H.C. 10682/06, Ayman Atrash v. The Chief Military Prosecutor (case pending)