Discrimination
April 25, 1999
April 25, 1999
On March 25, 1999 Minister of Transporation Shaul Yahalom sent a letter
to Attorney General Elyakim Rubinstein, at which time he posed the following
questions:
1.
According to the Chief Army
Prosecutor, criminal charges against palestinians will be filed only if it is
in the public interest. “Public interest will be defined in accordance with
policy regulations as determined by the IDF commander in the area, the chief
army prosecutor…”
Please notify me as to the policy regulations
concerning the closing of cases against Palestinian lawbreakers.
2.
According to the same above-quoted
document, the prosecution will not indict any Palestinian minors under the age
of fourteen excepting unusual cases dealing with causal of death or similar
crimes of a special seriousness.”
To the best of my knowledge Jewish minors are arrested in Judea,
Samaria, and Gazza for crimes not considered to be serious, and are indicted on
a regular basis. For example, an indictment was presented against Akiva
Lebovitch of Hebron for “improper behaviour.”
How can you justify this discrimination in which the rules of law
enforcement against Jewish minors is much stricter than that practiced against
Palestinian lawbreakers?
3.
According to the above-quoted
document, if all are to be considered equal under the law, why is it necessary
to obtain a special permit from the chief army prosecutor in order to indict a
suspected Palestinian who has a “public position?”
4.
According to the above-quoted
document, the chief army prosecutor has determined that a Palestinian minor
under the age of sixteen will not be arrested without obtaining a permit from
the Judea and Samaria prosecutor’s office. Does this same rule apply to Jewish
minors? As far as I know, it does not.
The difficult conclusions I reach is that the law enforcement policies
in Judea, Samaria and Gazza are selective: more law enforcement against Jews
and less against Palestinians. Unfortunately, I reach the conclusion that there
is no equality before the law in Judea, Samaria and Gazza. This taints the
settlers and endangers their lives. To a greater degree, this is liable to
cause damage to the public faith in the law enforcement bodies, faith which is
the soul of our democratic system.