January 1991, Page 57

Human Rights

By Sally Clark Nyhan

Human Rights Group Documents Israeli Actions at Haram Al-Sharif/Temple Mount

Massive human rights violations committed by Israeli security forces Oct. 8 in Jerusalem's Harain Al-Sharif were the focus of a Palestine Human Rights Information Center (PHRIC) report.

The report, released Oct. 31, included testimony from hundreds of eyewitnesses and concludes that Palestinians arrived at the scene, the third holiest site in the world for Muslims, "in order to protect it against what Moslems anticipated would be a provocative entry by the Temple Mount Faithful.... There is no evidence to substantiate the claim made by Israeli officials that Moslem religious men incited the local population to violent actions against Jews."

Seventeen Palestinians were killed in the compound, PHRIC reports, including 11 who were shot in the neck or head. An 18th victim was shot and killed by men in civilian clothes in the Christian quarter shortly after the Haram Al-Sharif incident. Over 300 people were injured in the clashes.

PHRIC attacked Israeli claims of acting in self-defense as "implausible at best," saying that the Israeli assumption that two of their policemen were in danger was not well-founded.

"Even had this assumption been well-founded," PHRIC concluded, "the use of lethal force ... was entirely disproportionate and unwarranted."

The report notes the tension among the people gathered at Haram Al-Sharif, but found that no clashes occurred until a soldier threw a tear-gas canister into a group of women at approximately 10:45 am. A group of youths and men then started to throw rocks, and security groups opened fire with bullets and tear gas.

According to PHRIC, "Many of the casualties were people who had been out in the plaza helping to aid or evacuate the injured. " PHRIC also reported military interference with evacuation of the wounded: "Ambulance drivers reported being stopped repeatedly and for prolonged periods by security forces .... Although in clearly marked vehicles and wearing white uniforms, two nurses and a doctor were injured by live ammunition while evacuating or treating injured at the scene; one of the nurses was shot in the back."

The report concludes, "It is clear that the evacuation of the dead and wounded was deliberately obstructed by the security forces. Ambulances were held up at the entrance of the compound. They were teargassed and shot at after obtaining permission to enter. Two nurses and a doctor were shot while evacuating and assisting the injured. Ambulances carrying critically injured were delayed at a number of roadblocks placed between Harain AI-Sharif and East Jerusalem hospitals. " The report ends by calling for international protection of Palestinians under Israeli occupation, and for an independent investigation by the UN Security Council of the events at Haram Al-Sharif. It is available from PHRIC, 4753 N. Broadway, Suite 930, Chicago, IL 60640.

B'Tselem Criticizes Zamir Commission Report

B'Tselem, the Jerusalem-based human rights organization, sharply criticized the Israeli government's Zamir Commission report on the Oct. 8 events at Haram Al-Sharif.

After conducting its own investigation into the riots, B'Tselem noted a number of troubling issues and "hoped the Commission of Investigation would ... properly clarify the incident." The human rights organization described several key structural problems in the official Israeli report.

The Zamir Commission, which was not authorized to subpoena witnesses, received most of its information from members of the security forces. "Arab civilians... refused to appear before the commission," B'Tselem noted. "Any attempt to reconstruct the truth relying almost entirely on the testimony of one side ... is limited, and its results should be considered with a certain degree of skepticism."

In addition, B'Tselem notes, the Zamir Commission does not cite evidence and sources for its conclusions. For example, on the issue of shots fired at an ambulance, the commission concluded that no policeman saw the ambulance. However, the commission also heard testimony from a nurse who said she saw a soldier aim directly at the ambulance. "The commission has the right ... not to believe the nurse, but it would have been appropriate to mention her version and to explain why the commission found it appropriate to prefer other testimonies ... presented in this matter."

Finally, B'Tselem criticized the commission for not investigating the "central question-that of opening of fire and the loss of human life. " Said B'Tselem: "The report lacks fundamental data, vital to any treatment of the use of live fire, " which "renders the conclusions unverifiable and arouses the fear that the commission arrived at its conclusion on the matter of live fire without a respectable factual basis."

As a result, reports B'Tselem, the commission's findings cannot be considered a thorough or impartial account of the events. The human rights group is calling for an Israeli state commission to research the use of live fire and the deaths resulting from the incident.

Sally Clark Nyhan is Human Rights Editor for the Washington Report on Middle East Affairs, and director of the American Educational Trust Book Club.