Israeli High Court: “death of 13-year old child could have been prevented”
Monday January 08, 2007 05:28 author by Saed Bannoura - IMEMC & Agencies -
Israeli online daily, Haaretz, reported that the Israeli High Court of Justice instructed the military police and prosecution to probe whether ‘open fire’ order was given illegally at the Girit military outpost in Gaza when 13-year-old Palestinian girl was killed by Israeli army gunfire two years ago.
The petition was filed by the parents of Iman and the Public Committee Against Torture.
Al Hamas was shot by some 25 rounds of live ammunition, and soldiers conducted the “confirm kill” shooting procedure after he fell dead on the ground.
She was heading back home from school, and wearing her school uniform when she was repeatedly shot.
Haaretz added that a verdict handed down by the High Court of Justice and was released for publication Sunday instructs military police to open a criminal investigation into the circumstances of the death of Iman al Hams.
Following the shooting, captain R was arrested, but later on he was cleared of responsibility for her death.
The family of Al Hams demanded Israeli to probe the killing in order to determine whether the open fire on the school-girl was illegal given.
Supreme Court Justice, Edmond Levi, wrote in his verdict that the death of Al Hamas could have been prevented if all procedures were followed.
Three judges presided over the hearing; Aharon Barak, Saleem Jubran and Edmond Levi, Haaretz added.
Moreover, the court decided that the military police and the chief military prosecutor should investigate whether the order deviated from the army’s official regulation.
The court hearing did not touch the issue of the identity of the soldier who killed the child, Haaretz said.
Haaretz also said that the court rejected an a petition that the soldiers involved in the killing be investigated for carrying out illegal orders.
Last year, Captain R was acquitted from all charges and was declared innocent”, and the cour decided to pay for him an amount of 82.000 in compensation for defense expenses and days he spent in custody.
Some of the questions remained unclear, the judges wrote in their decision; “why was the girl walking in that area? How did the guard think she poses threat to them? How could the girl present a threat to their lives?”.