Court acquits demonstrators against 2008 Gaza War, harshly criticizes police

28/02/2013

On 26 February 2013, the Tel Aviv Magistrates’ Court acquitted three Palestinian citizens of Israel on charges stemming from their participation in a demonstration against the Israeli offensive Operation Cast Lead on Gaza on 29 December 2008 in front of the Egyptian embassy in Tel Aviv. George Ghantous, Kholoud Tanous and Nagham Ghantous were accused of participating in an illegal mob, inciting a riot, infringing on the work of the police and disturbing the peace.

police-arresting-demonstrators On 26 February 2013, the Tel Aviv Magistrates’ Court acquitted three Palestinian citizens of Israel on charges stemming from their participation in a demonstration against the Israeli offensive Operation Cast Lead on Gaza on 29 December 2008 in front of the Egyptian embassy in Tel Aviv. George Ghantous, Kholoud Tanous and Nagham Ghantous were accused of participating in an illegal mob, inciting a riot, infringing on the work of the police and disturbing the peace.

Judge criticizes police and prosecution for mishandling case, hiding video exonerating defendants

In his decision, Judge Ido Druyan levied harsh criticism against the police and the prosecution for bringing the charges, and for the police's handling of the file. He found that the police had brought the charges without any evidence to support conviction. The police had hidden, either for organizational reasons or massive incompetence, central evidence: a video showing that the accused were not guilty of any of the charges against them. In addition, the judge pointed out that the police had no legal ground, as their claim that the demonstration was illegal and included a riot was factually incorrect and contradicted existing case law.

The court’s judgment stated: "Over and over, demonstrators are accused of crimes, despite police and others' video negating central charges against them. The prosecution's foundation is extremely weak, because of partial or complete ignorance of previous judicial decisions on this issue."

23-page decision sent to State Prosecutor and Police Investigations Officer

At the end of the 23-page decision, the judge ordered that a copy be sent to the State Prosecutor and to the officer in charge of investigations in the Tel Aviv police department so that they might study and draw lessons from it.

Adalah Attorney Orna Kohn: "Police treatment is illegal"

Adalah Attorney Orna Kohn, who represented the demonstrators, stated regarding the case: "The judge's decision today shows what we have been saying for years – that the police's treatment of Palestinian demonstrators is illegal, that it differentiates between demonstrations illegally and charges demonstrators with loose accusations without legal grounds or sufficient evidence."

Kohn added, "The police charge Palestinian demonstrators in order to scare them out of legitimate political activity, from protesting and demonstrating."

Another case in series of dismissed police charges against protestors

This case follows a series of court decisions to throw out cases against protestors defended by Adalah and to harshly criticize police conduct during Palestinian demonstrations. The evidence shows that the police rush to indict these protestors for political, not judicial reasons. Recently, the court dismissed indictments against protestors in the unrecognized village of Al-Araqib in the Naqab (Negev) made only to break the demonstrators' will to fight against their forced displacement.