Petition to indict cops for Palestinian girl's death denied

High Court judges criticize ‘faulty’ investigation, say that it should have been conducted immediately following the death of Abir Aramin.

By
July 11, 2011 04:17
2 minute read.
BTselem Logo

BTselem Logo 311. (photo credit: Courtesy)

 
X

Dear Reader,
As you can imagine, more people are reading The Jerusalem Post than ever before. Nevertheless, traditional business models are no longer sustainable and high-quality publications, like ours, are being forced to look for new ways to keep going. Unlike many other news organizations, we have not put up a paywall. We want to keep our journalism open and accessible and be able to keep providing you with news and analyses from the frontlines of Israel, the Middle East and the Jewish World.

As one of our loyal readers, we ask you to be our partner.

For $5 a month you will receive access to the following:

  • A user experience almost completely free of ads
  • Access to our Premium Section
  • Content from the award-winning Jerusalem Report and our monthly magazine to learn Hebrew - Ivrit
  • A brand new ePaper featuring the daily newspaper as it appears in print in Israel

Help us grow and continue telling Israel’s story to the world.

Thank you,

Ronit Hasin-Hochman, CEO, Jerusalem Post Group
Yaakov Katz, Editor-in-Chief

UPGRADE YOUR JPOST EXPERIENCE FOR 5$ PER MONTH Show me later

Judges at the High Court of Justice on Sunday rejected the petition of Bassem and Salwa Aramin to indict the border policemen suspected of killing their daughter, Abir Aramin, in January 2007.

The petition was filed with the assistance of human rights group Yesh Din.

Be the first to know - Join our Facebook page.


The 10-year-old Abir was killed outside her school in the West Bank town of Anata, northeast of Jerusalem, as Border Police dispersed a riot nearby.

According to a pathologist’s report published by Abir’s family, with assistance from the B’Tselem human rights group, the girl was killed by a rubber bullet shot into her head.

The Border Police, however, claimed that the girl’s autopsy showed she was killed by a stone.

In July 2007, the Jerusalem District Attorney’s Office announced it was closing the investigation into Abir’s death because of lack of evidence, concluding that it was not possible to determine whether the girl had been killed by a rubber bullet or a stone.

An appeal against that decision was rejected.

JPOST VIDEOS THAT MIGHT INTEREST YOU:


The case was then taken to the High Court of Justice, and in February 2010 the court asked the attorney-general to explain why the case had been closed.

In March 2010, the state responded it would reopen the case.

In their ruling Sunday, Chief Justice Dorit Beinisch and Justices Ayala Procaccia and Edna Arbel upheld the attorney-general’s decision against indicting the border policemen mostly because of the difficulty inherent in conducting an investigation into Abir’s death four years after it occurred.

However, in rejecting the petition to indict the border policemen, the judges sharply criticized the preliminary investigation into the girl’s death.

In their report, the judges wrote that an investigation into Abir’s death should have been conducted immediately after it occurred.

“It is a basic rule that when a violent incident occurs that causes severe injury and later death of a civilian, an immediate investigation should be held at the site,” they wrote.

The judges went on to criticize the handling of the case, which they described as “faulty from the very beginning.”

The report concluded that the IDF soldiers operating in the West Bank must take into account the civilian population there.

“The IDF must take into account – even in serious situations – the fact that they are facing a civilian population, most of which has no desire to be involved in violent incidents,” they concluded.

Yesh Din criticized the Israeli authorities for “withholding justice from Abir’s family.

“Had Abir Aramin been a Jewish girl, it is very likely that the investigation would have been thorough and quick,” said attorney Michael Sfard, Yesh Din’s legal adviser.

Join Jerusalem Post Premium Plus now for just $5 and upgrade your experience with an ads-free website and exclusive content. Click here>>

Related Content

Riot
August 31, 2014
Rioting resumes throughout east Jerusalem Saturday night

By DANIEL K. EISENBUD