Amir HASS : Israel Israel Police issues formal apology to West Bank activists for wrongful detention, questioning


 
 
 
 
Three men from the Taayush organization were held in a police station for more than five hours in 2013 before being released without charge.
haaretz.com|Di Amira Hass



The Israel Police has officially apologized for detaining and questioning left-wing activists who documented illegal construction near the West Bank settlement outpost of Avigail.
The written apology was part of a compromise between the state prosecution and two activists from the Taayush organization, who had sued after police opened an investigation and detained them for no good reason. The state also paid the activists 12,000 shekels ($3,150) in compensation. Jerusalem Magistrate’s Court last week gave the agreement the force of a verdict.
The suit – whose description of events wasn’t challenged by the prosecution – accused the police of arresting the activists mainly to please the illegal outpost’s security coordinator.
The incident started on March 30, 2013, when Palestinian farmers informed Taayush – a grassroots movement of peace-seeking Arabs and Jews – that illegal construction was proceeding near Avigail, even though Israel’s Civil Administration in the West Bank had issued a stop-work order. The authorities “made no serious effort to enforce the order,” the suit said.
Three activists – Guy Butavia, Ezra Nawi and Amiel Vardi – went to the site to film the construction. They also called the Civil Administration, which sent an inspector.
But when the activists tried to leave, Avigail’s security coordinator, Ahikam Halleli, blocked the way with the outpost’s security vehicle. He said he wouldn’t let them leave until the police arrived – even though both the Civil Administration inspector and army officers who were present said there was no justification for detaining them.
About 45 minutes later, policeman Yaniv Ohana arrived and told the activists they could go home. But after a brief conversation with Halleli, he changed his mind, the suit said. He told the activists they came to create a provocation, and that stopping illegal construction wasn’t their job. They then asked why the police didn’t stop it.
“I’ll do my job, and you do yours,” Ohana responded. “Next time you enter this community, I’m detaining you all for disturbing the peace ... You’re known as left-wing activists, and I have no problem doing this legally, okay? I’m telling you, that’s how we’ll work starting from tomorrow.”
Two days later, the activists returned to the area, having been summoned by Palestinians who said settlers from another outpost were attacking them. But en route, a policeman barred their way and said he was detaining them for questioning, because complaints had been filed against them and “an investigation was opened for disturbing the peace.”
The three were taken to a police station in Kiryat Arba and questioned for about five and a half hours. The interrogator, Advanced Staff Sgt. Maj. Sami Hamza, described their offense as follows: “You weren’t allowed to leave? Right? So look, you caused a disturbance of the peace.”
At the activists’ request, the case was finally closed in December 2013 on the grounds that no crime had been committed. Two of them, Butavia and Nawi, then decided to sue.
In their apology, police wrote, “The Israel Police regrets that a police investigation was opened against the plaintiffs because of an incident on March 30, 2013, and apologizes for the plaintiffs’ ensuing detention.”

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