Yitzhar resident Boaz Albert arrest 370.
(photo credit: YouTube Screenshot)
Border Police acted legally when using a Taser gun during the controversial
arrest of West Bank settler Boaz Albert in August, the Justice Ministry
announced on Tuesday.
This conclusion came following a three-month
investigation into the matter, and Adi Kedar, Albert’s attorney, said he planned
to appeal the decision.
Albert’s story made headlines in August after a
YouTube video showed how officers shocked an unresisting Albert as he lay on the
floor of his kitchen in the Yitzhar settlement.
In response to the video,
in August police suspended the use of Taser guns in regards to short-range
electric shocks, even though the weapons can still be used to shoot electric
darts at wanted suspects.
The Justice Ministry’s Department to
Investigate Police actions issued a statement on Tuesday that backed the Border
Police who had arrived at Albert’s home to arrest him – for violating an
administrative restraining order that banned him from the West Bank, where he
lives with his wife and six children, for six months.
In October, Albert
was also indicted for alleged involvement with another settler for harassing a
bus of Palestinian schoolgirls in retaliation for the April 30 murder of Evyatar
According to the Justice Ministry, police are allowed to taser
someone who is passively lying on the ground resisting arrest in certain
circumstances, such as those in this incident.
Even before police arrived
at Albert’s door, they expected resistance from him and his supporters,
according to the DIP report.
As a result, officers crawled to his house
in the dark of night to avoid detection until the last possible moment, the DIP
said. Even so, the ministry said, stones were thrown at the officers outside
Albert’s home. Once the officer entered the home, Albert initially resisted
arrest by running into different parts of his caravan home, until he was
cornered, the ministry said.
Border police used the Taser gun to subdue
Albert so they could move him out of the house and leave the area quickly to
avoid additional attacks by Albert’s supporters, the ministry said.
also charged that the YouTube video had been edited and that the footage was
portrayed out of context.
The intense sound of the tasers in the videos
was artificially increased and makes it appear as if the Taser use against
Albert was more prolonged than it was, the ministry said.
added that images of settlers throwing rocks at police were not included in the
Based on all of the above, the statement said the investigation
into the incident had been closed for lack of a crime for which the police
involved could be charged.
Kedar said the DIP’s response is standard for
that unit, which often makes conclusions that are vastly different from
The nation can now judge for itself how the DIP supports police
violence and allows civilian blood to be shed, Kedar said.
Irit, added that police had used the Taser gun on her husband in front of her
and her children and blamed the “barbaric act” on the individual officers and
Even before the Taser incident, Albert had actively
protested the police use of restraining orders against Israelis in Judea and
Since his arrest in August, Albert has again violated the
restraining order. He is now in prison and has refused to sign a document
pledging not to violate the order.Ben Hartman and Jerusalem Post staff
contributed to this report.