US embassy cable - 05TELAVIV5932

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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JONES