May 31, 2010
To:
Prime Minister Mr. Binyamin Netanyahu
Defense Minister Mr. Ehud Barak
Internal Security Minister Mr. Yitzhak Aharonovitch
Re: Safeguarding the Right to Protest and Preventing Physical Harm and Casualties
We appeal to you following the events of this morning, in which at least ten people were reportedly killed and dozens wounded during the military takeover of a flotilla headed to the Gaza Strip. It is expected that in the coming hours Palestinian citizens of Israel, Palestinian residents of the West Bank, and other nationals will participate in protest events in Israel and in the West Bank.
Our appeal comes ahead of these anticipated demonstrations, because in light of past events we are gravely concerned that the police operating inside Israel and the army operating in the Occupied Territories will use excessive force to hinder these protests, and worse, will bring about casualties and injuries. It is your responsibility to send a clear and pointed message to the security forces operating under your command, that the right to protest – even under the current horrible circumstances, the right to express harsh criticism – is a fundamental right, one which cannot be withheld for both citizens of the state and citizens of Occupied Territories. It is also your responsibility to convey to them that the primary obligation of the security forces is to safeguard civilians’ security, including those wishing to realize their basic human rights and express their protest, regardless of the specific content of that protest.
Nearly a decade ago, in October 2000, thirteen young people were killed and many others were injured during demonstrations. The lessons of those events resonate loudly to this day. The government-appointed inquiry committee headed by Justice Theodore Or revealed very serious flaws in the police’s conduct during demonstrations by Arab citizens. The Committee concluded its findings with a clear message: “The police must cultivate among its forces the understanding that the Arab population at large is not their enemy, and should not be treated as an enemy”.
During Operation Cast Lead, though security forces did not physically harm demonstrators, they acted with force in dispersing quiet and lawful protest gatherings without any legal pretext, and arrested hundreds of protesters, the majority Arab. It was obvious that the tenets of the Or Commission were not implemented completely, and that the police had not fully internalized its primary obligation of protecting the right of demonstrators to protest in a legal manner. We have witnessed the same phenomenon at the protest vigils in the Sheikh Jarrah neighborhood of East Jerusalem.
The conduct of the army at demonstrations in the West Bank, and at demonstrations against the Separation Barrier, embodies the same principle of suppressing protest, including the arrest and trial of protest organizers. In these cases, we continue to witness the disproportionate use of force and violence, including the use of lethal weapons, which has resulted in grave injury and death to protesters.
In light of this accrued experience, we hold you to your urgent obligation to convey a clear and pointed message to the army and to the police that it is their obligation to allow and facilitate legal protest, even if it is harsh and wrathful and will cause minimal disturbances to our daily routine. Furthermore, they must do their utmost to prevent harm to demonstrators.
Yours Sincerely,
Hagai El-Ad
Executive Director
The Association for Civil Rights in Israel (ACRI)
CC:
Attorney-General
Chief Commander, Israel Police
Chief of Staff, Israel Defense Forces
