Military investigator testifies that head of IDF Southern Command instructed bulldozer operator not to cooperate with investigation
Monday, March 22 and Wednesday March 24, 2010 the Haifa District Court saw the fifth and sixth days of testimony in the civil lawsuit filed by Rachel Corrie’s family against the State of Israel for her unlawful killing in Rafah, Gaza. Rachel Corrie, an American human rights defender from Olympia, Washington, was crushed to death on March 16, 2003 by a Caterpillar D9R bulldozer. She had been nonviolently demonstrating against Palestinian home demolitions with fellow members of the International Solidarity Movement (ISM), a Palestinian-led movement committed to resisting the Israeli occupation of Palestinian land using nonviolent, direct action methods and principles.
An Israeli military police investigator, who was part of the team that investigated Rachel’s killing, completed his testimony on March 22. In his testimony he stated that:
■One commander of the unit involved in the incident interrupted the testimony of the operator of the bulldozer that killed Rachel, telling him that the head of the Southern Command of the Israeli military ordered him to stop talking, not to sign anything and not to cooperate with the investigation. When asked if he considered this an intervention into the interrogation, the investigator testified that he did.
■The investigator stated not only that he did not visit the site of the killing, but also that the bulldozer involved in the killing was removed from the scene directly after the incident. He testified that the only tool he used in conducting the investigation was taking testimonies of eye-witnesses and soldiers.
■In his investigation, he did not refer to or read the Israeli military manuals that provided instructions and safety standards for operation of D9 bulldozers. He also failed to question the bulldozer driver about these regulations.
■Though the camera posted on the border was taping 24 hours a day, 7 days a week, the investigator testified that he did not see footage from the camera, nor did he ask to, stating that it was someone else’s responsibility.
Asher Asban, who conducts professional investigations involving safety regulations related to both commercial and military incidents, provided expert testimony for the Corries. He testified that:
■According to the military’s rules, it was forbidden to operate the D9 bulldozer if there were civilians within a 20 meter radius around it.
■The driver would have been able to see bright colors such as that of the jacket Rachel was wearing when she was killed.
■The Israeli military had the ability to purchase cameras from Caterpillar to mount on the bulldozers. Such cameras would provide 360 degrees visibility.
On Wednesday, March 24, Craig Corrie, Rachel’s father, was the final witness to testify. Rather than concentrating on the failure to uphold a court order regarding two conditions under which to perform an autopsy, the State instead focused its line of questioning on passages from emails that Rachel wrote and on the family’s correspondence with the US Embassy and State Department regarding the issue of the autopsy and investigation. Mr. Corrie was also questioned as to whether Rachel was given the status of “shaheedah” (martyr) by the Palestinian Authority, and whether there were any streets named after her in Gaza or Ramallah. He answered that on the March 16th anniversary of Rachel’s death, a street was named for her in Ramallah and that according to his understanding of the word “shaheed,” it is used to describe anyone killed as a result of the occupation.
This portion of the trial with witnesses for the plaintiffs, the Corrie family, ended on March 24. The State has been granted 30 days to submit a list of witnesses and their affidavits. Judge Oded Gershon stated that proceedings will continue in September at the earliest with the next trial date currently set for September 5, 2010.
“The international media and our government are not going to tell us that we are effective, important, justified in our work, courageous, intelligent, valuable. We have to do that for each other, and one way we can do that is by continuing our work, visibly. People without privilege will be doing this work no matter what, because they are working for their lives. We can work with them, and they know that we work with them, or we can leave them to do this work themselves and curse us for our complicity in killing them.”
Rachel - A Documentary, will be shown in French cinemas, after the cinema chain decided to cancel screenings of an Israeli film in protest against Israel's attack on the Gaza Freedom Flotialla.
June 5, 2010
2 days ago French cinema chain cancels Israeli film, replaces with one on Rachel Corrie. #Flotilla
The news website France-Info reported late on 4 June that a French cinema chain decided to cancel screenings of an Israeli film, Leon Prudovsky's Five Hours From Paris to protest Israel's attack on the Gaza Freedom Flotilla on 31 May which killed at least 9 and injured dozens of humanitarian activists attempting to break the blockade of Gaza.
The report states (my translation):
“The feature film is supposed to open on 23 June in about forty cinemas in France. The film has no connection with the political and military events of recent days, but for several days the cancelations have been mounting. In canceling this feature, the Utopia network of cinemas intends to register a protest.”Le Monde adds (my translation):
Utopia, which has cinemas in Avignon, Bordeaux, Montpellier and Toulouse decided to show instead the film Rachel (2008), a documentary by Simone Bitton dedicated to Rachel Corrie, the 22-year-old American peace activist crushed by an Israeli bulldozer in the Gaza Strip in 2003 as she attempted to prevent the destruction of Palestinian homes.
The canceled film Five Hours from Paris is a romantic comedy about an Israeli who dreams of visiting Paris, but must overcome his fear of flying. Ironically, 1.5 million Palestinians have been imprisoned in the Gaza Strip for four years (and they are also afraid of flying Israelis, albeit in F-16s), and are virtually banned from traveling for almost any purpose, including study or family reunification. Hundreds have died due to long delays or refusals of permits to leave Gaza for urgently needed medical care. Few Palestinians in Gaza -- where 80 percent of the population are refugees -- can ever dream of a holiday in Paris.
Moroccan-born Simone Bitton, who emigrated to Israel with her family as a child in 1966, previously made Wall among other films.
Early on 5 June, Israeli forces hijacked a ship named for Rachel Corrie, with activists including Nobel Peace Prize winner Mairead Maguire and aid supplies aboard, as it attempted to break the blockade of Gaza.
the 793,520 children of Gaza (56% of the population) have lived under occupation and siege all of their lives. They are beautiful, resilient, curious and full of potential. They deserve the basics that all children in the world should have. Food, clean water, healthcare, safe places to play and learn. They deserve the tools to deal with their nightmares, and sleep that is not punctuated by bombing. They deserve life, freedom, and hope.
We should be inspired by people... who show that human beings can be kind, brave, generous, beautiful, strong-even in the most difficult circumstances.
To stand against injustice, literally and to give your life for it......i can't imagine her struggle or her family's. she gave her life for a cause...and i know it was not in vain.
non violence is effective, it may be the only way in some cases....it may be hard to see it when you are in it....hard to accept it is making a difference....but it adds up. history is proof of that.
Israeli injustice will be brought to light. And until that day, the nonviolent, those seeking justice, those willing for peace, they will struggle, we will struggle.....and we will win.
To stand against injustice, literally and to give your life for it......i can't imagine her struggle or her family's. she gave her life for a cause...and i know it was not in vain.
non violence is effective, it may be the only way in some cases....it may be hard to see it when you are in it....hard to accept it is making a difference....but it adds up. history is proof of that.
Israeli injustice will be brought to light. And until that day, the nonviolent, those seeking justice, those willing for peace, they will struggle, we will struggle.....and we will win.
i am lost i'm no guide.,...........
history can be the jury.
the world community is definitely showing more awareness of Israel's disregard for human lives and disrespect for international laws.
it's been a long time coming but it's finally happening. people need to continue to speak out, and Israel has to be held accountable for their actions if there is ever going to be a just peace between Palestine and Israel.
the 793,520 children of Gaza (56% of the population) have lived under occupation and siege all of their lives. They are beautiful, resilient, curious and full of potential. They deserve the basics that all children in the world should have. Food, clean water, healthcare, safe places to play and learn. They deserve the tools to deal with their nightmares, and sleep that is not punctuated by bombing. They deserve life, freedom, and hope.
The family of Rachel Corrie, the American activist crushed to death in Gaza seven years ago, could face the men driving the Israeli bulldozer that killed her in the second stage of their civil suit against the state.
The case, which began in March, reopened at Haifa district court today and will hear Israeli state witness testimony on her death. The 23-year-old had been trying to prevent the demolition of a Palestinian house in Rafah, in the Gaza strip.
In 2003 an Israeli army investigation into the incident concluded that its troops were not to blame for Corrie's death. Her family says that a full investigation was never carried out.
Representing the Corrie family, Hussein Abu Hussein, a leading human rights lawyer in Israel, said: "It is clear that the army investigation was very far from being sufficient, thorough or impartial."
Today the court heard from one of the military investigators into the case, referred to only by his first name, Oded. He told the court that he did not think it important during the investigation to question Palestinian eyewitnesses to the incident, or the medical team that treated Corrie. Abu Hussein said: "It is amazing that this 20-year-old – at that time with no legal background and no experience – was responsible for this investigation."
The court was also shown about 12 minutes of Israeli footage from surveillance cameras close to where the incident took place. Hussein said the clip started minutes after the incident, although the cameras it came from are supposed to operate around the clock.
Rachel's father, Craig, said: "Being here is emotionally taxing in ways that are really hard to explain, but we have to do it and have an obligation to the many who cannot. It is not just about Rachel or our family."
The state will present as witnesses the head of the military investigation and the men who were operating the bulldozer that killed Corrie.
Corrie, from Washington, travelled to Gaza during a period of intense conflict between the Israeli military and the Palestinians. Her diaries, in which she describes her experiences in Gaza, were later turned into a play, My Name is Rachel Corrie, which has toured internationally.
American peace activist Rachel Corrie speaks during an interview with MBC Saudi Arabia television in 2003. Photograph: Getty Images
"You can tell the greatness of a man by what makes him angry." - Lincoln
Israeli soldiers to testify behind screen in Corrie Case
Extraordinary state secrecy motion is granted
Haifa, Israel - The Haifa District Court on Thursday granted a government request to allow soldiers to testify behind a screen in the lawsuit filed by Rachel Corrie's family against the State of Israel for her unlawful killing in Rafah, Gaza.
The order includes the driver of the bulldozer that killed Rachel, who is slated to testify later this month. However, Judge Oded Gershon ruled that both the commander of the unit and the second soldier in the bulldozer that hit Rachel would testify in plain view, because their faces were already publicly known.
Rachel Corrie, an American human rights defender from Olympia, Washington, was crushed to death on March 16, 2003, by a Caterpillar D9R bulldozer while nonviolently protesting the demolition of Palestinian homes.
In asking for the highly unusual protective measures, state attorneys argued that they were necessary to protect the soldiers' safety and prevent their images from being circulated. They based the request on an overbroad security certificate issued by Defense Minister Ehud Barak in 2008, but did not provide concrete evidence to substantiate their concerns for the soldiers' safety or security.
Corrie attorneys opposed the motion, arguing that allowing the soldiers to testify behind a screen infringes upon the right to an open, fair and transparent trial. They asked to dismiss the request, filed just 48 hours before the first soldier's testimony. Alternatively, the lawyers asked the court to allow the family to see the witnesses even if the public could not, but their request was denied. Lawyers for the Corrie family plan to appeal the decision to the Supreme Court of Israel.
"While Rachel stood in front of a wall to protect the two families huddled behind it, the state is now making the soldiers hide behind a wall that denies us the opportunity to see them," said Cindy Corrie, Rachel's mother. "The State of Israel has been hiding for over seven years. Where is the justice?"
The first soldier to testify under the extraordinary new measures was the commander of the second bulldozer. Known to the court only as A.S., with voice muffled behind the screen, he told the court he did not see the other bulldozer strike Rachel and did not remember much about that day.
Contrary to the detailed affidavit he signed less than eight weeks ago, A.S. said he did not know how Rachel had been hurt; did not know the distance from which the bulldozer had approached Rachel; and did not know the height and width of the mound of earth the bulldozer was pushing.
Also testifying on Thursday was the head of the Military Police Special Investigative Unit, Shalom Michaeli, who oversaw the investigation into Rachel's killing. He told the court that he stood by his 2003 investigation and saw no reason that anyone should have been prosecuted.
Michaeli was also in charge of the investigation into the killing of Iman al Hams, a 13-year-old Gaza school girl who was shot and killed by an Israeli soldier in Rafah as she lay injured on the ground in October 2004. A military police internal investigation subsequently found major failures in Michaeli's investigation, saying it was conducted unprofessionally and with negligence. The solider who killed al Hams was court-martialed but subsequently acquitted - in part because of this flawed investigation.
Michaeli's cross-examination revealed similar flaws in the Corrie investigation. These flaws support the family's claim of government negligence, for allowing soldiers and their commanders to act recklessly using armored military bulldozers without due regard for the presence of civilians.
Michaeli said that he ordered only a partial transcript of radio transmissions because he did not think it important to transcribe the full audio.
He said he did not go to the site of Rachel's killing because it was dangerous, the terrain had already been altered, and the vehicles removed by the Israeli military. He acknowledged that he could have gone to the scene in an armored vehicle, but chose not to.
Michaeli testified in his written affidavit that when he inspected the bulldozer he did not find any signs of blood or other evidence that the vehicle had injured anyone. However, in court testimony he said the bulldozer could have been washed "or even painted" before he inspected it.
Michaeli said he knew, prior to opening the investigation, there was a video camera recording the area around the clock. But he failed to obtain the tape until March 23, a week after the incident, because it had been previously taken by senior commanders. When questioned about his failure to interrogate the camera operator, who panned away from the scene only minutes before Rachel was killed, he said he did not think it was relevant.
When asked whether he questioned the bulldozer crews about an Israeli military manual for low intensity conflict that states bulldozers should not be operated near people, Michaeli said the manuals were not relevant. He added that bulldozer operators could not be expected to follow such procedures in this zone. He went on to say that he believed the Israeli army was "at war" with everyone in the area, including the ISM peace activists.
Michaeli still heads the Military Police Special Investigative Unit, but has since been promoted from Sergeant Major to Warrant Officer.
"Today I was struck by the lead investigator's failures - his failure to look for evidence, to secure evidence, to resolve conflicting evidence, and to turn evidence over to this court," said Craig Corrie, Rachel's father. "This is not what we and the U.S. government were promised by the government of Israel when Rachel was killed and it is not what we will accept now."
The proceedings on Thursday were attended by representatives of the US Embassy, who have closely followed the hearings throughout the trial.
Subsequent hearings are scheduled for October 17,18 and 21 between the hours of 9:00-16:00 before Judge Oded Gershon at the Haifa, District Court, 12 Palyam St., Haifa, Israel.
See any changes to the schedule and register to receive further press releases at rachelcorriefoundation.org.
For press related inquiries and further information, please contact:
Stacy Sullivan
<!-- e --><a href="mailto:stacy@rachelcorriefoundation.org">stacy@rachelcorriefoundation.org</a><!-- e -->
Phone (Israel): 972-52-952-2143
Israeli soldiers to testify behind screen in Corrie Case
Extraordinary state secrecy motion is granted
Haifa, Israel - The Haifa District Court on Thursday granted a government request to allow soldiers to testify behind a screen in the lawsuit filed by Rachel Corrie's family against the State of Israel for her unlawful killing in Rafah, Gaza.
The order includes the driver of the bulldozer that killed Rachel, who is slated to testify later this month. However, Judge Oded Gershon ruled that both the commander of the unit and the second soldier in the bulldozer that hit Rachel would testify in plain view, because their faces were already publicly known.
Rachel Corrie, an American human rights defender from Olympia, Washington, was crushed to death on March 16, 2003, by a Caterpillar D9R bulldozer while nonviolently protesting the demolition of Palestinian homes.
In asking for the highly unusual protective measures, state attorneys argued that they were necessary to protect the soldiers' safety and prevent their images from being circulated. They based the request on an overbroad security certificate issued by Defense Minister Ehud Barak in 2008, but did not provide concrete evidence to substantiate their concerns for the soldiers' safety or security.
Corrie attorneys opposed the motion, arguing that allowing the soldiers to testify behind a screen infringes upon the right to an open, fair and transparent trial. They asked to dismiss the request, filed just 48 hours before the first soldier's testimony. Alternatively, the lawyers asked the court to allow the family to see the witnesses even if the public could not, but their request was denied. Lawyers for the Corrie family plan to appeal the decision to the Supreme Court of Israel.
"While Rachel stood in front of a wall to protect the two families huddled behind it, the state is now making the soldiers hide behind a wall that denies us the opportunity to see them," said Cindy Corrie, Rachel's mother. "The State of Israel has been hiding for over seven years. Where is the justice?"
The first soldier to testify under the extraordinary new measures was the commander of the second bulldozer. Known to the court only as A.S., with voice muffled behind the screen, he told the court he did not see the other bulldozer strike Rachel and did not remember much about that day.
Contrary to the detailed affidavit he signed less than eight weeks ago, A.S. said he did not know how Rachel had been hurt; did not know the distance from which the bulldozer had approached Rachel; and did not know the height and width of the mound of earth the bulldozer was pushing.
Also testifying on Thursday was the head of the Military Police Special Investigative Unit, Shalom Michaeli, who oversaw the investigation into Rachel's killing. He told the court that he stood by his 2003 investigation and saw no reason that anyone should have been prosecuted.
Michaeli was also in charge of the investigation into the killing of Iman al Hams, a 13-year-old Gaza school girl who was shot and killed by an Israeli soldier in Rafah as she lay injured on the ground in October 2004. A military police internal investigation subsequently found major failures in Michaeli's investigation, saying it was conducted unprofessionally and with negligence. The solider who killed al Hams was court-martialed but subsequently acquitted - in part because of this flawed investigation.
Michaeli's cross-examination revealed similar flaws in the Corrie investigation. These flaws support the family's claim of government negligence, for allowing soldiers and their commanders to act recklessly using armored military bulldozers without due regard for the presence of civilians.
Michaeli said that he ordered only a partial transcript of radio transmissions because he did not think it important to transcribe the full audio.
He said he did not go to the site of Rachel's killing because it was dangerous, the terrain had already been altered, and the vehicles removed by the Israeli military. He acknowledged that he could have gone to the scene in an armored vehicle, but chose not to.
Michaeli testified in his written affidavit that when he inspected the bulldozer he did not find any signs of blood or other evidence that the vehicle had injured anyone. However, in court testimony he said the bulldozer could have been washed "or even painted" before he inspected it.
Michaeli said he knew, prior to opening the investigation, there was a video camera recording the area around the clock. But he failed to obtain the tape until March 23, a week after the incident, because it had been previously taken by senior commanders. When questioned about his failure to interrogate the camera operator, who panned away from the scene only minutes before Rachel was killed, he said he did not think it was relevant.
When asked whether he questioned the bulldozer crews about an Israeli military manual for low intensity conflict that states bulldozers should not be operated near people, Michaeli said the manuals were not relevant. He added that bulldozer operators could not be expected to follow such procedures in this zone. He went on to say that he believed the Israeli army was "at war" with everyone in the area, including the ISM peace activists.
Michaeli still heads the Military Police Special Investigative Unit, but has since been promoted from Sergeant Major to Warrant Officer.
"Today I was struck by the lead investigator's failures - his failure to look for evidence, to secure evidence, to resolve conflicting evidence, and to turn evidence over to this court," said Craig Corrie, Rachel's father. "This is not what we and the U.S. government were promised by the government of Israel when Rachel was killed and it is not what we will accept now."
The proceedings on Thursday were attended by representatives of the US Embassy, who have closely followed the hearings throughout the trial.
Subsequent hearings are scheduled for October 17,18 and 21 between the hours of 9:00-16:00 before Judge Oded Gershon at the Haifa, District Court, 12 Palyam St., Haifa, Israel.
See any changes to the schedule and register to receive further press releases at rachelcorriefoundation.org.
For press related inquiries and further information, please contact:
Stacy Sullivan
<!-- e --><a href="mailto:stacy@rachelcorriefoundation.org">stacy@rachelcorriefoundation.org</a><!-- e -->
Phone (Israel): 972-52-952-2143
outrageous......why the protective measures? why behind a curtain? i can understand why they would not want the faces made public, but why will they not AT LEAST face the family? do they think that a family member will attack them or something? do they think that seeing the family face to face might make one of them find their conscience crack and tell the entire truth of what they know and what they saw?? it is much easier to hide the truth when you are not looking at someone face to face. maybe one of them would jeopardize "the official story" and expose it as a whitewash?? maybe that is the reason???? i think her family has done the right thing going through the appropriate legal channels throughout this whole process and it makes me very angry that the legal system seems to be playing with them and repeatedly breaking their hearts. why??
"In asking for the highly unusual protective measures, state attorneys argued that they were necessary to protect the soldiers' safety and prevent their images from being circulated. They based the request on an overbroad security certificate issued by Defense Minister Ehud Barak in 2008, but did not provide concrete evidence to substantiate their concerns for the soldiers' safety or security.
^ ^^^ that paragraph explains a lot to me. an over broad security certificate to protect the soldiers at trial, yet there was nothing in place to protect the palestinians who lost their homes that day and there was nothing to protect Rachel. they should AT LEAST face the family. it is only right. hopefully the supreme court will have a favorable ruling on this issue.....
"You can tell the greatness of a man by what makes him angry." - Lincoln
It seems to me that "overbroad" is a pretty subjective term, especially since the article is from the Rachel Corrie Foundation, which is pretty clearly not an objective source of information on this case (doesn't mean they're wrong per se, but they clearly have a strong stake in the case's outcome).
A question: what would your reactions be if the trial does not find in favor of the Corries? I ask because everyone commenting here seems to have made up their minds along time ago about the "truth" of what happened, so it seems to me that rather than looking to the court to establish the truth (as one would normally do with a trial) you are looking to the court to affirm what you have already decided to be true.
you couldn't swing if you were hangin' from a palm tree in a hurricane
It seems to me that "overbroad" is a pretty subjective term, especially since the article is from the Rachel Corrie Foundation, which is pretty clearly not an objective source of information on this case (doesn't mean they're wrong per se, but they clearly have a strong stake in the case's outcome).
A question: what would your reactions be if the trial does not find in favor of the Corries? I ask because everyone commenting here seems to have made up their minds along time ago about the "truth" of what happened, so it seems to me that rather than looking to the court to establish the truth (as one would normally do with a trial) you are looking to the court to affirm what you have already decided to be true.
the trial update is accurate. prove it's not yosi.
and if the court doesn't rule in favor of the Corries after all of the evidence is presented then i'll just keep doing what i'm doing now. nothing will change.
i'll keep demanding that the international community and the US government stop simply condemning Israel's brutal and illegal blockade of Gaza, the settlement expansion in the west bank, the murdering of peaceful civillians, and keep campaigning against their offering of unconditional support to Israel until they actually start doing something to end it.
Rachel's death will never be in vain. there's too many people who are actively keeping her memory alive.
It seems to me that "overbroad" is a pretty subjective term, especially since the article is from the Rachel Corrie Foundation, which is pretty clearly not an objective source of information on this case (doesn't mean they're wrong per se, but they clearly have a strong stake in the case's outcome).
A question: what would your reactions be if the trial does not find in favor of the Corries? I ask because everyone commenting here seems to have made up their minds along time ago about the "truth" of what happened, so it seems to me that rather than looking to the court to establish the truth (as one would normally do with a trial) you are looking to the court to affirm what you have already decided to be true.
what's the defense then?
what possible reason could there be for running over someone who was trying to draw attention to the fact that they were about to destroy a house?
It seems to me that "overbroad" is a pretty subjective term, especially since the article is from the Rachel Corrie Foundation, which is pretty clearly not an objective source of information on this case (doesn't mean they're wrong per se, but they clearly have a strong stake in the case's outcome).
A question: what would your reactions be if the trial does not find in favor of the Corries? I ask because everyone commenting here seems to have made up their minds along time ago about the "truth" of what happened, so it seems to me that rather than looking to the court to establish the truth (as one would normally do with a trial) you are looking to the court to affirm what you have already decided to be true.
what's the defense then?
what possible reason could there be for running over someone who was trying to draw attention to the fact that they were about to destroy a house?
throughout history, when committing an atrocity does there need to be a reason? generally, when atrocities are committed it is because there is no fear of being held accountable. and when people are tried in attempt to hold them accountable, the reason turns out to be a convenient excuse....something like "i was only following orders" or " i was only doing my job"....
"You can tell the greatness of a man by what makes him angry." - Lincoln
It seems to me that "overbroad" is a pretty subjective term, especially since the article is from the Rachel Corrie Foundation, which is pretty clearly not an objective source of information on this case (doesn't mean they're wrong per se, but they clearly have a strong stake in the case's outcome).
A question: what would your reactions be if the trial does not find in favor of the Corries? I ask because everyone commenting here seems to have made up their minds along time ago about the "truth" of what happened, so it seems to me that rather than looking to the court to establish the truth (as one would normally do with a trial) you are looking to the court to affirm what you have already decided to be true.
what's the defense then?
what possible reason could there be for running over someone who was trying to draw attention to the fact that they were about to destroy a house?
throughout history, when committing an atrocity does there need to be a reason? generally, when atrocities are committed it is because there is no fear of being held accountable. and when people are tried in attempt to hold them accountable, the reason turns out to be a convenient excuse....something like "i was only following orders" or " i was only doing my job"....
actually i think without question that those committing the atrocities felt they were doing the right thing. from pol pot to george bush to netanyahu to hilter.
in this case i was specifically asking Yosi what the defense was for running over an unarmed girl with a bulldozer, in the trial.
Bulldozer driver and ground commander to testify in Corrie trial
Supreme Court refuses challenge to use of screen to shield soldiers
Haifa, Israel - The driver of the bulldozer that crushed to death Rachel Corrie in Rafah, Gaza, in March 2003, and the military commander in charge of the unit on the ground that day, are scheduled to testify on Thursday, October 21 in the civil lawsuit filed by Rachel's family against the state of Israel for her unlawful killing.
Earlier this month, the court granted the State of Israel's request that soldiers involved in the incident be permitted to testify behind a screen to protect their identity. Lawyers for the Corrie family appealed the decision to the Israeli Supreme Court, requesting that at a minimum the family be allowed to view the soldiers, but the court refused to hear the challenge.
Consequently, the bulldozer driver will testify behind a screen. However, because the unit commander on the ground that day, Captain R.S., gave an interview that was broadcast on Israeli television in 2003, and was thus already known to the public, the presiding judge ruled that he will testify in plain view. Although disclosed during the TV broadcast, his name still remains redacted in official court records.
A third witness scheduled, known only as S.L., was driving the second bulldozer in the unit near Palestinian homes in Rafah. He will also testify from behind a screen.
The court was to hold hearings in the case on October 17-18, but postponed due to a death in Judge Gershon's family. Therefore, additional court dates are anticipated to be added to the court calendar.
The October 21 hearing will take place between the hours of 9:00-16:00 before Judge Oded Gershon at the Haifa, District Court, 12 Palyam St., Haifa, Israel.
Please visit rachelcorriefoundation.org/trial for trial updates, changes to the court schedule and related information.
Comments
Monday, March 22 and Wednesday March 24, 2010 the Haifa District Court saw the fifth and sixth days of testimony in the civil lawsuit filed by Rachel Corrie’s family against the State of Israel for her unlawful killing in Rafah, Gaza. Rachel Corrie, an American human rights defender from Olympia, Washington, was crushed to death on March 16, 2003 by a Caterpillar D9R bulldozer. She had been nonviolently demonstrating against Palestinian home demolitions with fellow members of the International Solidarity Movement (ISM), a Palestinian-led movement committed to resisting the Israeli occupation of Palestinian land using nonviolent, direct action methods and principles.
An Israeli military police investigator, who was part of the team that investigated Rachel’s killing, completed his testimony on March 22. In his testimony he stated that:
■One commander of the unit involved in the incident interrupted the testimony of the operator of the bulldozer that killed Rachel, telling him that the head of the Southern Command of the Israeli military ordered him to stop talking, not to sign anything and not to cooperate with the investigation. When asked if he considered this an intervention into the interrogation, the investigator testified that he did.
■The investigator stated not only that he did not visit the site of the killing, but also that the bulldozer involved in the killing was removed from the scene directly after the incident. He testified that the only tool he used in conducting the investigation was taking testimonies of eye-witnesses and soldiers.
■In his investigation, he did not refer to or read the Israeli military manuals that provided instructions and safety standards for operation of D9 bulldozers. He also failed to question the bulldozer driver about these regulations.
■Though the camera posted on the border was taping 24 hours a day, 7 days a week, the investigator testified that he did not see footage from the camera, nor did he ask to, stating that it was someone else’s responsibility.
Asher Asban, who conducts professional investigations involving safety regulations related to both commercial and military incidents, provided expert testimony for the Corries. He testified that:
■According to the military’s rules, it was forbidden to operate the D9 bulldozer if there were civilians within a 20 meter radius around it.
■The driver would have been able to see bright colors such as that of the jacket Rachel was wearing when she was killed.
■The Israeli military had the ability to purchase cameras from Caterpillar to mount on the bulldozers. Such cameras would provide 360 degrees visibility.
On Wednesday, March 24, Craig Corrie, Rachel’s father, was the final witness to testify. Rather than concentrating on the failure to uphold a court order regarding two conditions under which to perform an autopsy, the State instead focused its line of questioning on passages from emails that Rachel wrote and on the family’s correspondence with the US Embassy and State Department regarding the issue of the autopsy and investigation. Mr. Corrie was also questioned as to whether Rachel was given the status of “shaheedah” (martyr) by the Palestinian Authority, and whether there were any streets named after her in Gaza or Ramallah. He answered that on the March 16th anniversary of Rachel’s death, a street was named for her in Ramallah and that according to his understanding of the word “shaheed,” it is used to describe anyone killed as a result of the occupation.
http://rachelcorriefoundation.org/2010/03/985
http://video.google.com/videoplay?docid ... 556373821#
Torrent: http://www.btmon.com/Video/Unsorted/Rac ... rrent.html
“The international media and our government are not going to tell us that we are effective, important, justified in our work, courageous, intelligent, valuable. We have to do that for each other, and one way we can do that is by continuing our work, visibly. People without privilege will be doing this work no matter what, because they are working for their lives. We can work with them, and they know that we work with them, or we can leave them to do this work themselves and curse us for our complicity in killing them.”
June 5, 2010
2 days ago French cinema chain cancels Israeli film, replaces with one on Rachel Corrie. #Flotilla
The news website France-Info reported late on 4 June that a French cinema chain decided to cancel screenings of an Israeli film, Leon Prudovsky's Five Hours From Paris to protest Israel's attack on the Gaza Freedom Flotilla on 31 May which killed at least 9 and injured dozens of humanitarian activists attempting to break the blockade of Gaza.
The report states (my translation):
“The feature film is supposed to open on 23 June in about forty cinemas in France. The film has no connection with the political and military events of recent days, but for several days the cancelations have been mounting. In canceling this feature, the Utopia network of cinemas intends to register a protest.”Le Monde adds (my translation):
Utopia, which has cinemas in Avignon, Bordeaux, Montpellier and Toulouse decided to show instead the film Rachel (2008), a documentary by Simone Bitton dedicated to Rachel Corrie, the 22-year-old American peace activist crushed by an Israeli bulldozer in the Gaza Strip in 2003 as she attempted to prevent the destruction of Palestinian homes.
The canceled film Five Hours from Paris is a romantic comedy about an Israeli who dreams of visiting Paris, but must overcome his fear of flying. Ironically, 1.5 million Palestinians have been imprisoned in the Gaza Strip for four years (and they are also afraid of flying Israelis, albeit in F-16s), and are virtually banned from traveling for almost any purpose, including study or family reunification. Hundreds have died due to long delays or refusals of permits to leave Gaza for urgently needed medical care. Few Palestinians in Gaza -- where 80 percent of the population are refugees -- can ever dream of a holiday in Paris.
Moroccan-born Simone Bitton, who emigrated to Israel with her family as a child in 1966, previously made Wall among other films.
Early on 5 June, Israeli forces hijacked a ship named for Rachel Corrie, with activists including Nobel Peace Prize winner Mairead Maguire and aid supplies aboard, as it attempted to break the blockade of Gaza.
- Rachel's mom.
Cindy Corrie.
-Rachel Corrie
non violence is effective, it may be the only way in some cases....it may be hard to see it when you are in it....hard to accept it is making a difference....but it adds up. history is proof of that.
Israeli injustice will be brought to light. And until that day, the nonviolent, those seeking justice, those willing for peace, they will struggle, we will struggle.....and we will win.
i am lost i'm no guide.,...........
history can be the jury.
it's been a long time coming but it's finally happening. people need to continue to speak out, and Israel has to be held accountable for their actions if there is ever going to be a just peace between Palestine and Israel.
bump for the children of Gaza.
i'll never stop fighting for them.
not until it ends.
the Corrie's civil lawsuit resumes in Haifa, Israel, on September 5.
hoping for truth, justice and accountability.
finally.
Civil suit into death of US activist crushed to death in Gaza by Israeli bulldozer to hear testimony from vehicle's operators
http://www.guardian.co.uk/world/2010/se ... civil-suit
The family of Rachel Corrie, the American activist crushed to death in Gaza seven years ago, could face the men driving the Israeli bulldozer that killed her in the second stage of their civil suit against the state.
The case, which began in March, reopened at Haifa district court today and will hear Israeli state witness testimony on her death. The 23-year-old had been trying to prevent the demolition of a Palestinian house in Rafah, in the Gaza strip.
In 2003 an Israeli army investigation into the incident concluded that its troops were not to blame for Corrie's death. Her family says that a full investigation was never carried out.
Representing the Corrie family, Hussein Abu Hussein, a leading human rights lawyer in Israel, said: "It is clear that the army investigation was very far from being sufficient, thorough or impartial."
Today the court heard from one of the military investigators into the case, referred to only by his first name, Oded. He told the court that he did not think it important during the investigation to question Palestinian eyewitnesses to the incident, or the medical team that treated Corrie. Abu Hussein said: "It is amazing that this 20-year-old – at that time with no legal background and no experience – was responsible for this investigation."
The court was also shown about 12 minutes of Israeli footage from surveillance cameras close to where the incident took place. Hussein said the clip started minutes after the incident, although the cameras it came from are supposed to operate around the clock.
Rachel's father, Craig, said: "Being here is emotionally taxing in ways that are really hard to explain, but we have to do it and have an obligation to the many who cannot. It is not just about Rachel or our family."
The state will present as witnesses the head of the military investigation and the men who were operating the bulldozer that killed Corrie.
Corrie, from Washington, travelled to Gaza during a period of intense conflict between the Israeli military and the Palestinians. Her diaries, in which she describes her experiences in Gaza, were later turned into a play, My Name is Rachel Corrie, which has toured internationally.
American peace activist Rachel Corrie speaks during an interview with MBC Saudi Arabia television in 2003. Photograph: Getty Images
"Well, you tell him that I don't talk to suckas."
http://rachelcorriefoundation.org/blog/ ... -war-zones
hopefully will have an update in the next few hours.
"Well, you tell him that I don't talk to suckas."
i don't think that's too much to ask for.
"Well, you tell him that I don't talk to suckas."
October 7, 2010
Israeli soldiers to testify behind screen in Corrie Case
Extraordinary state secrecy motion is granted
Haifa, Israel - The Haifa District Court on Thursday granted a government request to allow soldiers to testify behind a screen in the lawsuit filed by Rachel Corrie's family against the State of Israel for her unlawful killing in Rafah, Gaza.
The order includes the driver of the bulldozer that killed Rachel, who is slated to testify later this month. However, Judge Oded Gershon ruled that both the commander of the unit and the second soldier in the bulldozer that hit Rachel would testify in plain view, because their faces were already publicly known.
Rachel Corrie, an American human rights defender from Olympia, Washington, was crushed to death on March 16, 2003, by a Caterpillar D9R bulldozer while nonviolently protesting the demolition of Palestinian homes.
In asking for the highly unusual protective measures, state attorneys argued that they were necessary to protect the soldiers' safety and prevent their images from being circulated. They based the request on an overbroad security certificate issued by Defense Minister Ehud Barak in 2008, but did not provide concrete evidence to substantiate their concerns for the soldiers' safety or security.
Corrie attorneys opposed the motion, arguing that allowing the soldiers to testify behind a screen infringes upon the right to an open, fair and transparent trial. They asked to dismiss the request, filed just 48 hours before the first soldier's testimony. Alternatively, the lawyers asked the court to allow the family to see the witnesses even if the public could not, but their request was denied. Lawyers for the Corrie family plan to appeal the decision to the Supreme Court of Israel.
"While Rachel stood in front of a wall to protect the two families huddled behind it, the state is now making the soldiers hide behind a wall that denies us the opportunity to see them," said Cindy Corrie, Rachel's mother. "The State of Israel has been hiding for over seven years. Where is the justice?"
The first soldier to testify under the extraordinary new measures was the commander of the second bulldozer. Known to the court only as A.S., with voice muffled behind the screen, he told the court he did not see the other bulldozer strike Rachel and did not remember much about that day.
Contrary to the detailed affidavit he signed less than eight weeks ago, A.S. said he did not know how Rachel had been hurt; did not know the distance from which the bulldozer had approached Rachel; and did not know the height and width of the mound of earth the bulldozer was pushing.
Also testifying on Thursday was the head of the Military Police Special Investigative Unit, Shalom Michaeli, who oversaw the investigation into Rachel's killing. He told the court that he stood by his 2003 investigation and saw no reason that anyone should have been prosecuted.
Michaeli was also in charge of the investigation into the killing of Iman al Hams, a 13-year-old Gaza school girl who was shot and killed by an Israeli soldier in Rafah as she lay injured on the ground in October 2004. A military police internal investigation subsequently found major failures in Michaeli's investigation, saying it was conducted unprofessionally and with negligence. The solider who killed al Hams was court-martialed but subsequently acquitted - in part because of this flawed investigation.
Michaeli's cross-examination revealed similar flaws in the Corrie investigation. These flaws support the family's claim of government negligence, for allowing soldiers and their commanders to act recklessly using armored military bulldozers without due regard for the presence of civilians.
Michaeli said that he ordered only a partial transcript of radio transmissions because he did not think it important to transcribe the full audio.
He said he did not go to the site of Rachel's killing because it was dangerous, the terrain had already been altered, and the vehicles removed by the Israeli military. He acknowledged that he could have gone to the scene in an armored vehicle, but chose not to.
Michaeli testified in his written affidavit that when he inspected the bulldozer he did not find any signs of blood or other evidence that the vehicle had injured anyone. However, in court testimony he said the bulldozer could have been washed "or even painted" before he inspected it.
Michaeli said he knew, prior to opening the investigation, there was a video camera recording the area around the clock. But he failed to obtain the tape until March 23, a week after the incident, because it had been previously taken by senior commanders. When questioned about his failure to interrogate the camera operator, who panned away from the scene only minutes before Rachel was killed, he said he did not think it was relevant.
When asked whether he questioned the bulldozer crews about an Israeli military manual for low intensity conflict that states bulldozers should not be operated near people, Michaeli said the manuals were not relevant. He added that bulldozer operators could not be expected to follow such procedures in this zone. He went on to say that he believed the Israeli army was "at war" with everyone in the area, including the ISM peace activists.
Michaeli still heads the Military Police Special Investigative Unit, but has since been promoted from Sergeant Major to Warrant Officer.
"Today I was struck by the lead investigator's failures - his failure to look for evidence, to secure evidence, to resolve conflicting evidence, and to turn evidence over to this court," said Craig Corrie, Rachel's father. "This is not what we and the U.S. government were promised by the government of Israel when Rachel was killed and it is not what we will accept now."
The proceedings on Thursday were attended by representatives of the US Embassy, who have closely followed the hearings throughout the trial.
Subsequent hearings are scheduled for October 17,18 and 21 between the hours of 9:00-16:00 before Judge Oded Gershon at the Haifa, District Court, 12 Palyam St., Haifa, Israel.
See any changes to the schedule and register to receive further press releases at rachelcorriefoundation.org.
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"In asking for the highly unusual protective measures, state attorneys argued that they were necessary to protect the soldiers' safety and prevent their images from being circulated. They based the request on an overbroad security certificate issued by Defense Minister Ehud Barak in 2008, but did not provide concrete evidence to substantiate their concerns for the soldiers' safety or security.
^ ^^^ that paragraph explains a lot to me. an over broad security certificate to protect the soldiers at trial, yet there was nothing in place to protect the palestinians who lost their homes that day and there was nothing to protect Rachel. they should AT LEAST face the family. it is only right. hopefully the supreme court will have a favorable ruling on this issue.....
"Well, you tell him that I don't talk to suckas."
A question: what would your reactions be if the trial does not find in favor of the Corries? I ask because everyone commenting here seems to have made up their minds along time ago about the "truth" of what happened, so it seems to me that rather than looking to the court to establish the truth (as one would normally do with a trial) you are looking to the court to affirm what you have already decided to be true.
the trial update is accurate. prove it's not yosi.
and if the court doesn't rule in favor of the Corries after all of the evidence is presented then i'll just keep doing what i'm doing now. nothing will change.
i'll keep demanding that the international community and the US government stop simply condemning Israel's brutal and illegal blockade of Gaza, the settlement expansion in the west bank, the murdering of peaceful civillians, and keep campaigning against their offering of unconditional support to Israel until they actually start doing something to end it.
Rachel's death will never be in vain. there's too many people who are actively keeping her memory alive.
what possible reason could there be for running over someone who was trying to draw attention to the fact that they were about to destroy a house?
"Well, you tell him that I don't talk to suckas."
actually i think without question that those committing the atrocities felt they were doing the right thing. from pol pot to george bush to netanyahu to hilter.
in this case i was specifically asking Yosi what the defense was for running over an unarmed girl with a bulldozer, in the trial.
The defense is that they claim they didn't see her.
OCTOBER 18, 2010
Bulldozer driver and ground commander to testify in Corrie trial
Supreme Court refuses challenge to use of screen to shield soldiers
Haifa, Israel - The driver of the bulldozer that crushed to death Rachel Corrie in Rafah, Gaza, in March 2003, and the military commander in charge of the unit on the ground that day, are scheduled to testify on Thursday, October 21 in the civil lawsuit filed by Rachel's family against the state of Israel for her unlawful killing.
Earlier this month, the court granted the State of Israel's request that soldiers involved in the incident be permitted to testify behind a screen to protect their identity. Lawyers for the Corrie family appealed the decision to the Israeli Supreme Court, requesting that at a minimum the family be allowed to view the soldiers, but the court refused to hear the challenge.
Consequently, the bulldozer driver will testify behind a screen. However, because the unit commander on the ground that day, Captain R.S., gave an interview that was broadcast on Israeli television in 2003, and was thus already known to the public, the presiding judge ruled that he will testify in plain view. Although disclosed during the TV broadcast, his name still remains redacted in official court records.
A third witness scheduled, known only as S.L., was driving the second bulldozer in the unit near Palestinian homes in Rafah. He will also testify from behind a screen.
The court was to hold hearings in the case on October 17-18, but postponed due to a death in Judge Gershon's family. Therefore, additional court dates are anticipated to be added to the court calendar.
The October 21 hearing will take place between the hours of 9:00-16:00 before Judge Oded Gershon at the Haifa, District Court, 12 Palyam St., Haifa, Israel.
Please visit rachelcorriefoundation.org/trial for trial updates, changes to the court schedule and related information.