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U.S. Peace Activist Brian Avery Returns to Israel Two Years After Being Shot in the Face

by Democracy Now
We go to Israel to speak with U.S. peace activist Brian Avery. In April 2003, he was shot in the face - he says - by Israeli forces. His face was shattered, with his tongue split in two, forcing him to undergo a series of facial reconstruction surgeries.
We go to Israel now to speak with US peace activist Brian Avery. In April 2003, he was shot in the face - he say by Israeli forces. His face was shattered, with his tongue split in two.

He has undergone a series of facial reconstruction surgeries. Witnesses said an Israeli Armored Personnel Carrier opened fire on Avery but Israel has denied being behind the shooting. On Feb. 28 the Israeli Supreme Court will hear Avery's petition demanding a criminal investigation into the shooting.

Brian Avery has returned to Israel for the first time since the shooting.He joins us on the line from Tel Aviv.

LISTEN ONLINE
http://www.democracynow.org/article.pl?sid=05/02/25/1455249

AMY GOODMAN: Brian Avery's return to Israel for the first time since the shooting took place, and he joins us now on the telephone from Tel Aviv. Welcome to Democracy Now!, Brian.

BRIAN AVERY: Thanks a lot, Amy. Thanks for having me on.

AMY GOODMAN: Can you talk about what happened to you, and why you've returned?

BRIAN AVERY: Yeah. I mean, basically pretty much as Juan laid out, you know, I was shot by Israeli forces in a completely unprovoked attack and essentially left for dead. I was getting no medical treatment or anything by them. And since then, I've undergone, or in the process of undergoing a series of reconstructive surgeries to rebuild the damage to my face that was caused. And so at this point, now that some of the medical stuff is starting to progress and I'm getting to a better state of health, I'm very interested in basically prosecuting the soldiers for what, you know, was a criminal act.

AMY GOODMAN: Brian, can you describe the day that you were shot? Where exactly you were, what was happening?

BRIAN AVERY: Yeah. It was in Jenin in the West Bank and we were -- I was working with the international solidarity movement at the time. And at the time, there was a curfew in the town, which was not very uncommon. It was very usual for us to be out on the streets during the curfew. And this was the case. At the time, it was in the afternoon, there had been some gun fire in the area and once that was quieted down, we went outside to go see if there was any of the local medical emergency teams that needed assistance, which was some of the groups we worked with the most in that area because they were often harassed and prevented from doing their jobs by the Israeli military a lot. And [inaudible] just a routine situation. We went out and, you know, we weren't two blocks from our apartment when an Israeli convoy of two vehicles, a tank and an armored personnel carrier, drove up the street from the direction that we were walking from. And so as we heard them coming closer, we stepped off to the side of the road to let them pass by, which was again, you know, a very, very typical situation for us to encounter the soldiers. even during the curfew, and for them just to pass on by, you know, really without taking much notice of us. And so we stood to the side of the road, we put our hands out to show we didn't have any weapons and weren't, you know, threatening them in any way. And I was wearing a fluorescent vest to, you know, try to make ourselves as visible as possible. And once they drove within about 30 meters of where we were standing, they opened fire with their machine guns and continued shooting for a very long time, probably shooting about, you know, 30 rounds of ammunition, which is quite a lot when you see them in action. And I was struck in the face with one of the bullets and, you know, was knocked to the ground immediately. And as soon as the soldiers finished shooting [inaudible], another I.S.M. member, Tobias Karlsson, standing right next to me and there were four others who were close to the scene who were able to witness the scene and once they finished shooting, they drove off.

AMY GOODMAN: Well, now William Schultz is here for Amnesty International. I’d like to -- you did a -- your organization did a report on some of these incidents. Your perspective?

BRIAN AVERY: Well, obviously Amnesty has grave concerns about these kinds of incidents, these kinds of attacks on civilians, the Rachel Corrie case, Brian's case, and Amnesty has called for investigations of these cases. We want to see an independent look taken at these cases. We understand that Israel, of course, has the right to defend itself, but it also has to do so within the confines of international law and standards.

AMY GOODMAN: And, Brian, what was the response of the U.S. government to what happened to you? Did they in any way try to intercede or demand explanations from the Israeli government?

BRIAN AVERY: No. They did nothing of the sort. Basically, the State Department pretty much ignored it. And the contacts -- the attempted contacts I had with Congressional representatives, they were very sympathetic to me personally, but publicly and politically they did not want to touch it. They, you know, were too afraid it would have negative effects on their political careers.

AMY GOODMAN: In fact, we're coming up on the anniversary of the death of Rachel Corrie on March 16, who died in Gaza, was run over, was crushed by an Israeli bulldozer and there is a movement in this country also to put pressure on Caterpillar, which made the bulldozer that the Israeli military used. Brian Avery, final comment.

BRIAN AVERY: I guess, you know, I'd just like to see justice done and hope that, you know, in the process that a lot of people will begin to take a lot more aware of what Israel is doing in the territories, the fact that they are getting so much support from the U.S. government, so much -- I should say uncritical support, in that, you know, it is an issue that can be changed and there are things that people can do about it, as long as they are willing to take an active role.

AMY GOODMAN: Brian Avery, thanks very much for joining us from Israel now, first time back since being shot in Jenin. And William Schultz, executive director of Amnesty International. Thanks very much for braving the weather today in New York, the snowstorm, and making your way into Democracy Now! studios.

LISTEN ONLINE
http://www.democracynow.org/article.pl?sid=05/02/25/1455249
§Activist seeks trial of Israeli soldiers
by More
Nearly two years after being shot in the face by Israeli occupation soldiers, American peace activist Brian Avery has returned to Israel to seek justice.

Avery, 26, plans to petition the Israeli High Court of Justice on Monday to launch an investigation into the shooting which left his face horribly disfigured.

He is also seeking financial compensation for his extensive medical treatment.

On 5 April 2003, Avery was in the West Bank town of Jenin to meet with colleagues when two Israeli military vehicles fitted with mounted machine guns approached them. Avery, who was wearing a fluorescent vest marked with the Arabic, Hebrew and English word for 'doctor', raised his arms in the air.

A few seconds later a bullet ripped through his face, shattering his nasal bones, left eye, the whole left cheek area, and the upper and lower jaws.

Shot in the face

"The vehicle drove up to about 30 metres to where we were, [then] they just opened fire and I was shot through the face and knocked to the ground. [They] fired a large number of rounds, and when they finished shooting they just drove off," Avery told Aljazeera.net in a phone conversation from Tel Aviv.

An initial Israeli internal command inquiry following the incident exonerated the soldiers in question of any wrongdoing, claiming that it was Palestinian fire that hit Brian.

Five witnesses, however, disputed the Israeli account of events.

The investigation did not seek the testimony of any of the witnesses, nor of any Palestinians, according to Avery's Israeli lawyer, Michael Sfard.

Avery plans to use the written testimony of at least five witnesses who say the shooting occurred when the soldiers were not in danger and could clearly identify Avery and his colleagues as unarmed volunteers.

The witnesses also said there was no gun battle at the time and therefore no crossfire, as claimed by the Israeli army.

Avery never received an apology for the incident, and no police investigation was carried out.

Tank opens fire

Lasse Shmidt, 36, a Danish citizen who currently teaches English at the American University in Jenin, was standing next to Brian at the time of the shooting.

"I know that is not true [that it was a Palestinian bullet]. I was standing right next to him and was the first to examine his destroyed face, as he was face down on the street. The only shots came from the Israeli machine gun, and we six internationals were the only people nearby," he said.

"Like the rest of us, Brian held his hands up in the air as the tank slowly approached us. We expected it to pass us as they normally did, apparently not paying any attention to a group of international peace activists. But this time, bullets started hitting the pavement in front of us and flying through the air close to our faces. Without notice or warning, the tank started shooting."

Under the Israeli Army's own rules of engagement soldiers are not permitted to fire warning shots with mounted weapons.

They may fire warning shots with light hand-held weapons and must aim away from the people they are warning.

Field command inquiry

Sfard says the Israeli military conducted a routine "field command inquiry", which did not reach any decisive conclusion who shot Brian and under what circumstances. Such inquiries frequently come to the same blanket conclusion - that the person in question fell victim to "crossfire" or that "Palestinian militants" were to blame.

Only six days after Avery was shot and injured, British International Solidarity Movement (ISM) activist, Tom Hurndall, was killed by an Israeli sniper in Rafah.

The internal command inquiry ruled that Tom was shot because of the presence of a Palestinian fighter in his vicinity.

After extensive lobbying from his family, a criminal investigation of the military police was launched and found that the soldiers had lied in the initial investigation.

So far, says Sfard, all demands for a military police investigation into Brian's case have been dismissed. He says by not investigating, the Israeli military is effectively granting impunity to occupation soldiers.

"The idea of human dignity and respect for human rights demands that any injury to human life or body by officers or state officials will be at least investigated. Not investigating is as if saying 'we don't' give a damn about your injury'.

"A person has a right to know- if he was not armed, he was not engaged in hostilities or combat, and he was shot nonetheless, even though he was wearing a fluorescent jacket marked in three languages - he has a right to know who did it and why," said Sfard.

"The soldiers must be indicted and must pay for the crimes they have committed. If as a society would let soldiers get away with such crimes, [and] we have at least 5 witnesses who all testify to that, eventually we will bring about many more causalities like that."

Reconstructive surgery

Avery was unable to seek legal recourse until late last year due to the severity of his injuries.

In the middle of a series of reconstructive surgeries, he has had to rebuild the bones with transplants, and is in the process of replacing his cheek.

He has also suffered permanent visual damage to his left eye, and cannot breathe through one side of his nose. Avery also has difficulty talking.

Avery says he would ideally like to see someone convicted for the crime that was committed.

If nothing else, he says, his petition will bring much-needed attention to the systematic targeting of foreign activists in occupied Palestinian territories.

"The fact that they ignored our demands for investigations was disappointing but not totally unexpected given track record of Israeli justice system. Given how they treat most Palestinians, I'm pretty fortunate that I have an optimistic possibility for this process," he said.

In a seven-week period in 2003, Britons Tom Hurndall and James Miller, and American Rachel Corrie - all unarmed and clearly marked civilians, were killed by Israeli forces in the southern Gaza Strip refugee camp of Rafah.

Aljazeera

http://english.aljazeera.net/NR/exeres/20EF479D-81AD-49E5-88E3-97C880ADCC9E.htm
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