THREAT OF LEGAL APPEAL, PUBLIC CRITICISM COMPEL AG

C O N F I D E N T I A L TEL AVIV 005932

SIPDIS

E.O. 12958: DECL: 09/29/2015
TAGS: PGOV PHUM IS ISRAELI SOCIETY GOI INTERNAL
SUBJECT: THREAT OF LEGAL APPEAL, PUBLIC CRITICISM COMPEL AG
MAZUZ TO SUPPORT RE-EXAMINING OCTOBER 2000 POLICE
INVESTIGATION

REF: TEL AVIV 5848

Classified By: Political Counselor Norman Olsen for reasons 1.4 (b,d).


1. (C) Summary: Israeli-Arab political and advocacy leaders
reacted with cautious optimism -- and some suspicion -- to
the Justice Ministry Police Investigative Department's (PID)
September 28 announcement that it will re-examine the
investigation of police officers involved in the October 2000
killings of 12 Israeli-Arab and one Palestinian protestors.
In a press interview September 29, Attorney General Meni
Mazuz, who was involved in making the decision, admitted that
the decision to reopen the investigation was in response to
an inevitable legal challenge to the High Court and harsh
public criticism that has been mounting since the September
18 decision by the Police Investigation Department (PID) to
close the cases. Mazuz's statements came just 10 days after
he publicly supported the PID decision to close its
investigation into the killings without requesting
indictments of any of the police officials involved. End
Summary.

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Mixed Israeli-Arab Reaction
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2. (C) Mohammed Bashar, Mayor of the Israeli-Arab city of
Sakhnin, told Poloff September 29 that the PID's decision to
reopen the case was correct, and "necessary for the good of
all of Israel, for democracy and for justice." He asked
rhetorically how it could happen in a democracy that 12
Israeli citizens are killed by police and no one is held
accountable. Israeli Arab Higher Follow Up Committee
Chairman Shawki Khatib and the advocacy NGO Adalah, however,
questioned whether justice could be delivered through a
re-examination of cases by the same officials who initially
decided to close the cases, and asked that the inquiry be
undertaken by an independent commission. Even harsher were
reactions from Israeli-Arab MKs. MK Ahmed Tibi called for
the dissolution of the PID, and MK Azmi Bishara referred to
Mazuz's September 28 decision as "a PR exercise."


3. (C) Jafar Farah, director of the Mossawa Advocacy Center,
indicated to Poloff September 29 that he welcomed the
decision to re-open the investigation, but noted that it "was
expected" since Mazuz is interested in avoiding a legal
challenge. He said he believes that the GOI also acted out
of fear that confrontations between Israeli-Arab
demonstrators and the police could erupt during
demonstrations that began September 29 in the Arab city of Um
al-Fahm and will continue through October 1 to mark the five
year anniversary of the October 2000 police killings. (Note:
To date, the demonstrations have been peaceful.) Mayor
Bashar voiced views similar to those of Farah on the reasons
behind the PID's September 28 decision -- which it took in
consultation with Mazuz -- but disagreed that the GOI fears
police confrontations. He said, rather, that it was the
influence of the community that caused the PID and Mazuz to
reconsider. The anniversary marches will take place in
Sakhnin on October 1.


4. (C) Farah said that he expects the re-examination to take
about one year and that the MOJ will decide to recommend
indictments against two police officials. He asserted that
enough evidence exists to indict two additional officers, and
said he expects that an appeal to the high court will
eventually compel the MOJ to recommend indictments in those
cases. Consistent with Farah's analysis, a September 30
article in the major daily Yedioth Ahronoth reported that
unspecified "senior legal sources" (Note: likely from the
MOJ) assessed September 29 that "two cases in which the Orr
Commission recommended that police officers be indicted would
be reopened and go to court." It named Guy Reif and Rashed
Murshid as the two officers likely to be indicted in those
cases.

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