A/HRC/43/21
injury, again casts doubt on the effectiveness of the accountability system in place. Concerns
also persist in relation to the Attorney General’s position that the delay in the officer’s
promotion represents an appropriate and proportionate punishment for the conduct in
question. In March 2019, ACRI and the family of the victim filed a petition with the Israeli
High Court of Justice against the decision of the Attorney General.
28.
On 27 March 2019, the Public Committee against Torture in Israel (PCATI) appealed
to the Israeli Attorney General against the decision of the Military Advocate General to close
the investigation into the killing of Aref Jaradat, a 22-year-old Palestinian with Down
syndrome who was shot on 4 May 2016 in the abdomen in the context of an operation of the
Israeli security forces in Sa’ir, near Hebron. Mr. Jaradat died of his wounds on 19 June 2016.
According to the information collected by OHCHR at the time, the man, who was seemingly
disoriented by the ongoing operation, was shot while standing with his hands visible some
20m from the Israeli security forces, in an open location, in circumstances where he did not
seem to pose any threat. PCATI reported that the Military Advocate General ordered an
investigation several months after the complaint had been submitted and the involved soldiers
were only interviewed nine months after the incident. The investigation was closed on 25
July 2017 for lack of evidence, with various contradictions and discrepancies between the
testimonies of soldiers. The Military Advocate General rejected, on 22 January 2019, a
motion by PCATI to reconsider its decision.
29.
During the reporting period, the spokesperson for the Military Advocate General
announced the closure of the investigations into the killing by the Israeli security forces, in
three separate incidents, of Ali Omar Nimer Qinu (aged 17), Layth Haitham Fathi Abu Na’im
(aged 16) and Yassin Omar Sliman a-Saeadih (aged 35) during law enforcement operations
conducted in the West Bank in the context of clashes in January and February 2018. 53
30.
The persisting lack of accountability for possible unlawful acts committed against
Palestinians perpetuates a cycle of impunity that facilitates the occurrence of further
violations. Moreover, by leaving unanswered the quest for redress, justice and truth, the
suffering of the affected families is exacerbated. The two cases below are illustrative in that
regard.
31.
On 20 April 2018, 14-year-old Mohammad Ibrahim Ayoubi was killed by the Israeli
security forces with a single shot of live ammunition to his head while running away from
the Gaza-Israel fence, some 250–300m from it, at Abu Safia demonstration site, in northern
Gaza Strip. An initial Israeli military investigation determined that the boy was attempting to
damage the fence.54 Video footage, however, showed the boy being shot as he was running
away. Eyewitnesses confirmed the circumstances of his killing to OHCHR. In July 2018, the
family filed a complaint to the Military Advocate General, with the support of the Palestinian
Centre for Human Rights, which told OHCHR that the Centre had been informed on 14
March 2019 that an investigation had been opened by the military police and that, on 13 May
2019, the military police had arranged for two witnesses to provide testimony by
videoconference. No further update has been received since then. Both of Mohammad’s
parents have described suffering from continuous psychological distress and his 16-year-old
brother, who was present at the demonstration site the day his brother was killed, has suffered
from recurring nightmares and episodes of increased aggressiveness. The family has
denounced the lack of psychosocial, medical and financial support.
32.
On 21 June 2016, 15-year-old Mahmoud Badran was shot and killed by an Israel
Defense Forces officer. In the same incident, four other Palestinians, including three children,
were injured when the security forces opened fire on the roof of their car as they were driving
on an underpass connecting two Palestinian villages along route 443. One of the injured boys
told OHCHR that they had been shot without warning by two individuals standing next to a
parked car.55 Mahmoud’s father reported that the family had retained a lawyer to support them
in following up on the investigation carried out by the Israeli authorities. Each time the lawyer
53
54
55
www.btselem.org/press_releases/20191028_mag_corps_closes_3_more_cases_of
_palestinian_fatalities.
www.timesofisrael.com/army-said-to-find-teen-was-trying-to-damage-gaza-fence-when-shot/.
A/HRC/34/36, para. 9.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents