Thursday, September 21, 2006

News14: Israel to army: Explain shooting of Chapel Hill activist

Brian Avery
JERUSALEM -- Israel's Supreme Court on Wednesday called on the army to respond to accusations that it did not properly investigate the case of a U.S. activist who accused Israeli troops of shooting and seriously wounding him in the West Bank three years ago without provocation.

Brian Avery, of Chapel Hill, N.C., was shot in the face in the West Bank town of Jenin on April 5, 2003, where he was working as part of a contingent from the International Solidarity Movement, a pro-Palestinian group whose activists often insert themselves between Palestinians and Israeli forces to disrupt military operations.

Avery said he and a colleague were wearing bright red doctor vests and were standing still with their hands over their heads when soldiers in approaching military vehicles opened fire with no warning shots. An internal army inquiry said his allegations were baseless.

Last year, the Israeli Supreme Court ordered the army to reopen the investigation. On Wednesday, Avery's lawyer, Michael Sfard, asked the court to open a criminal investigation into the shooting.

The court agreed to allow the case to proceed and gave the army 45 days to respond to Avery's request.

"Today marks a major turning point in the case," said Sfard, adding that the decision should send a message to soldiers that "there are still people who are asking the army for accountability."

Yuval Roytman, the Justice Ministry lawyer representing the army, said that a criminal investigation would not add anything to the 2003 army investigation,

"The army field investigation that was conducted was very thorough and independent," he said at the hearing. "The army thinks it's the way to investigate events that occur in war time. One has to remember that the incident occurred in the middle of 2003 when there was a lot of fighting in Jenin and all over the West Bank."

Avery's disabilities from the shooting include impaired vision in his left eye and several missing teeth. Avery had bone grafts to reconstruct his upper left jaw bone, and his left eye also was damaged.

His shooting was one of three incidents in which ISM activists were seriously injured by members of the Israeli military in the spring 2003.

On March 16, Rachel Corrie, 23, of Olympia, Wash., was crushed to death trying to prevent a military bulldozer from tearing down a home in Gaza. Her parents lived in Charlotte, N.C., at the time.

Thomas Hurndall, 21, of Britain was shot in the head during fighting April 11 and rendered brain dead as he helped children to safety.