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Brian Avery challenges Israeli military impunity

by Electronic Intifada (repost)
Press Release, International Solidarity Movement, 23 February 2005
On February 23 at 2:45 PM, Brian Avery will arrive in Tel Aviv from the U.S. in order to be present on February 28th when the Israeli Supreme Court hears his petition demanding a criminal investigation of his shooting.

Brian, an American human rights activist with the International Solidarity Movement (ISM), was shot in the face and critically wounded on April 5, 2003 by Israeli soldiers while standing in street with his hands in the air in the West Bank town of Jenin.

A bullet entered his face, shattering his jaw and his nose.� Since the incident he has been in rehabilitation and undergone a series of facial reconstruction surgeries.

Four other international activists from Denmark and Sweden who witnessed the shooting testify that Brian, along with another ISM activist, was standing under a street lamp on a quiet empty street wearing a high visibility medic vest with his hands in the air, clearly indicating he was an unarmed international.� An Israeli Armored Personnel Carrier approached at less than 30kmph and without warning opened heavy fire from a range of just tens of meters, and then carried on driving.

The Israeli army conducted an internal command inquiry and concluded there was no evidence that Brian was hit by shots fired by Israeli soldiers.

The inquiry did not include testimonies from the eyewitnesses and relied entirely on the testimonies of Israeli soldiers serving in the region.

In several cases Israeli military Internal command inquiries absolved the army, but subsequent military police investigations uncovered incriminating evidence and serious charges were brought.

This was the case in the killing of British ISM activist, Tom Hurndall, who was fatally shot in Rafah six days after Brian's injury. The internal command inquiry ruled that Tom was shot because of the presence of a Palestinian militant in his vicinity.� The criminal investigation of the military police discovered that the soldier who fired the fatal shot and another soldier had lied in the internal inquiry. Charges of killing and interfering with the investigative procedure were brought.

All requests made on behalf of Brian for a police criminal investigation have received no response.

On the 28th of February his appeal demanding a criminal investigation will be heard by the Supreme Court.

http://electronicintifada.net/v2/article3636.shtml
§More
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Democracy Now Interview And News Update:
http://www.indybay.org/news/2005/02/1723626.php
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American human rights activist, Brian Avery, has arrived in Israel seeking justice from the Supreme Court after being critically wounded by Israeli soldiers when they shot him in the face almost two years ago.

Avery, 26, from North Carolina was standing on a street with his hands in the air in the West Bank town of Jenin in April 2003 when soldiers fired a bullet into his face, shattering his jaw and nose. He has been in rehabilitation, undergone a series of facial reconstruction surgeries and required ongoing medical attention since.

On Monday, Avery's attorney, Michael Sfard, will petition the Israeli Supreme Court to open a criminal investigation into the case. To date, there has been no such investigation.

On arrival to Tel Aviv yesterday, Avery said he was guarded but hopeful about his chances.

"I have the expectation the court will authorise an investigation and find out who was responsible for trying to kill me," he said.

"Justice is the ultimate goal.

"I want to show the Israeli officials I am serious about this and I'm here to ask them to do their job.

"People need to be held accountable."

Four other international activists, from Denmark and Sweden who witnessed the shooting testify that Brian, along with another ISM activist, was standing under a street lamp on a quiet, empty street. He was wearing a high visibility medic vest with his hands in the air, clearly indicating he was an unarmed international.

An Israeli armoured personnel carrier approached slowly and without warning opened heavy fire from a range of just 10 metres and then carried on driving.

The Israeli army conducted an internal command inquiry and concluded there was no evidence that Brian was hit by shots fired by Israeli soldiers.

The inquiry did not include testimonies from the eyewitnesses and relied entirely on the testimonies of Israeli soldiers.

In other cases, Israeli military internal command inquiries absolved the army, but subsequent military police investigations uncovered incriminating evidence and serious charges were brought.

This was also the case in the killing of British ISM activist, Tom Hurdnall, who was fatally shot in Rafah six days after Brian's injury. The internal command inquiry ruled that Tom was shot because of the presence of a Palestinian militant in his vicinity. The criminal investigation of the military police discovered that the soldier who fired the fatal shot and another soldier had lied in the internal inquiry.

As a result, charges of killing and interfering with the investigative procedure were brought.

All requests made on behalf of Brian for a police criminal investigation into his shooting have received no response.

For more information: Attorney Michael Sfard 972(0)54-471-3930, ISM Media 972 (0) 54-762-1529

http://www.indybay.org/news/2005/02/1724157.php
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supreme court is correct
Wed, Jul 20, 2005 10:57AM
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Wed, Jul 13, 2005 1:46AM
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