{"id":2114,"date":"2011-04-12T10:46:00","date_gmt":"2011-04-12T08:46:00","guid":{"rendered":"https:\/\/law.acri.org.il\/en\/?p=2114"},"modified":"2011-05-01T10:56:34","modified_gmt":"2011-05-01T08:56:34","slug":"acri-testifies-before-turkel-commission","status":"publish","type":"post","link":"https:\/\/law.acri.org.il\/en\/2011\/04\/12\/acri-testifies-before-turkel-commission\/","title":{"rendered":"ACRI Testifies before Turkel Commission"},"content":{"rendered":"<p>On 11 April 2011, the Turkel Commission was presented with expert testimonies by ACRI and other Israeli human rights organizations, as well as by the Military Judge Advocate General.<br \/>\n&nbsp;<br \/>\nThe Commission, set up by the Israeli government following the events of the Gaza Flotilla, has also been authorized to examine whether the current inquiry mechanism of alleged violations of international law meets Israel&#8217;s obligations. Following Operation Cast Lead, ACRI, together with seven other human rights organizations, demanded that Israel set up an independent investigation body. Such a body was never established.<br \/>\n&nbsp;<br \/>\n<strong><a href=\"https:\/\/law.acri.org.il\/en\/?p=460\">Attorney Limor Yehuda<\/a><\/strong> of the Association for Civil Rights in Israel (ACRI), who testified before the commission, said in her testimony: &#8220;The obligation to investigate is not only a legal obligation, but also a moral responsibility toward those citizens who were harmed and toward soldiers sent to battle on behalf of the country, and it is essential for preventing future harm to innocent civilians. The existing investigation mechanism into alleged wrongdoings of the military is insufficient and must be changed in order to uphold international law. We urge the committee to recommend that the government set up a permanent independent inquiry body that will ensure investigations are conducted effectively, professionally, and with transparency&#8221;.<br \/>\n&nbsp;<br \/>\nOn April 6 &#8211; just days before the planned session of the Turkel Commission &#8211; the Military Judge Advocate General announced that in light of the relative calm in the West  Bank, the army will reinstate the pre-Second Intifada policy of launching a Military Police Investigation whenever reasonable doubt arises.<br \/>\n&nbsp;<br \/>\nThe announcement was made as an updated statement to the High Court of Justice in the framework of a petition submitted on this matter by B&#8217;Tselem and ACRI in 2003. The organizations deem the change of policy as insufficient, since renewed security tension could lead to the policy&#8217;s reversal and once again killings of civilians will not be investigated.<br \/>\n&nbsp;<\/p>\n<p><strong><span style=\"text-decoration: underline;\">Summary of ACRI&#8217;s Recommendations to Turkel Commission<\/span><\/strong><br \/>\n&nbsp;<\/p>\n<ul>\n<li>ACRI calls to      launch a Military Police Investigation whenever reasonable suspicion      arises that a Palestinian was killed by the military, excluding cases      defined as \u201chostile terrorist activity\u201d. This has been the customary      practice until the outbreak of the second Intifada in September 2000, when      the policy was changed and a Military Police Investigation became the      exception to the rule rather than the norm.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>ACRI calls to      set up an independent body that will conduct initial investigation when      suspect arises, replacing the policy to rely on &#8220;operational      inquiries&#8221; carried out internally by the unit responsible for the      suspected killing. These inquiries, which focus on operational procedures      alone, are carried out by field officers, who are not trained      investigators, authorizing them to decide whether the soldiers of their      own unit will be criminally charged. Experience here and abroad has shown      that internal inquiries may be swayed due to irrelevant considerations,      for example a desire to protect the suspect soldiers. Given their nature      and the manner in which they are conducted, operational inquiries are      clearly not an effective, thorough, professional and independent method of      investigation.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>ACRI appeals to      authorize the new investigation body to probe cases in which there could      be a personal or institutional conflict of interest on behalf of the      Military Judge Advocate General and the Military Advocate General Corps.      The Advocate General personnel and the Military Judge himself provide the      military with legal advice during stages of decision-making, and therefore      a conflict of interest arises when investigation is launched into the      legality of these orders.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<ul>\n<li>ACRI argues      that a civilian supervising body must be in place to closely oversee      military investigation, and not leave things as an internal discussion      that can be carried out away from the public eye. This will also assist      guaranteeing that professional experience and tools are the basis of all      investigations.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>On 11 April 2011, the Turkel Commission was presented with expert testimonies by ACRI and other Israeli human rights organizations, &hellip; <a href=\"https:\/\/law.acri.org.il\/en\/2011\/04\/12\/acri-testifies-before-turkel-commission\/\">Read more<span class=\"meta-nav\">&#8230;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":2115,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[69,17,5,49],"tags":[84],"class_list":["post-2114","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-gaza-strip","category-international-humanitarian-law","category-the-occupied-territories","category-use-of-force","tag-legal-work"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/posts\/2114","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/comments?post=2114"}],"version-history":[{"count":7,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/posts\/2114\/revisions"}],"predecessor-version":[{"id":2122,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/posts\/2114\/revisions\/2122"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/media\/2115"}],"wp:attachment":[{"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/media?parent=2114"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/categories?post=2114"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law.acri.org.il\/en\/wp-json\/wp\/v2\/tags?post=2114"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}