A-19

TO : Department of State

INFO: AMMAN, TEL AVIV

E.O. : 11652: GDS

TAGS : CARR, SHUM, IS

EXDIS

FROM : AmConsulate General JERUSALEM DATE: October 24, 1978

SUBJECT : Arrest and Conviction of Two Amcits - Allegations of Physical Abuse

REF : Jerusalem 2696

This airgram deals with the trial in Ramallah, West Bank, of

two American and two Palestinian boys. The case involved

allegations of mistreatment and physical coercion by the

Israeli military authorities. The Consulate General, through

the American embassy in Tel Aviv, had formally requested the

Israeli Government to investigate these allegations of mis-

treatment of U.S. citizens and the Israelis has replied that

an investigation would be conducted. This trial, and more

specifically, the "mini-trial" which was its major component, constituted the investigation. As the trial judge indicated, we expect the Israeli Government's report to us will be based on the findings of this trial.

The trial was covered by two consular officers; Wayne Griffith

and Stephen Kish. One of the two was present at every session

of the trial. It is the opinion of both of these consular of-

ficers that the Israeli military authorities made no real effort

to investigate the charges of mistreatment. Indeed, both the

military judge and the prosecutor made it clear throughout the

trial that they considered the questions of mistreatment and

coercion to be irrelevant and trivial. They also made it clear

from the start that the trial's result was preordained. In the

end, the Israeli authorities denied that any physical coercion

took place in response to the Embassy's formal request.

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The trial was the result of events which occurred on March 22, 1978 soon after the Israeli incursion into Southern Lebanon.

Jerusalem A-19

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2

At that time, two American citizens, [redaction]

were arrested following an incident in which rocks were

thrown at an Israeli military bus. These boys were taken

to the Ramallah police station. According to statements

made at the Consulate General by the [redaction] and

to statements made by all four boys at the trial, they were

beaten and threatened by the police until they signed state-

ments written in Hebrew, a language none of the boys

understands. In these statements, the boys confessed to

throwing rocks at the bus. They were then released on bail.

Jerusalem A-19

[redaction] came into the Consulate General with

their father on March 24. They made oral and written state-

ments in which they gave details on the alleged beatings. Copies of these statements were sent to SCS and to the American Embassy in Tel Aviv in a memorandum dated April 6, 1978. The boys and their father requested the Consulate General to protest the claimed mistreatment.

On April 6, the American Embassy in Tel Aviv forwarded a

note to the Israeli ministry of Foreign Affairs which re-

quested that an investigation be made into the claimed

mistreatment of the boys by the Israeli authorities.

On August 10, the trial of the four boys commenced. This

session was attended by both consular officers. The mili-

tary judge stopped the proceedings early in the session

and asked the officers to identify themselves and to state

their business at the trial. One of the consular officers

then made a statement which explained that two of the ac-

cused were American citizens and that the consular offices

were at the trial merely to observe the proceedings. He

also stated that the Consulate General had received com-

plaints of mistreatment from the [redaction] and had

asked the Ministry of Foreign Affairs for an investigation

of this matter. The military judge replied that he was

aware of this request by the Consulate General; the Foreign

Ministry had forwarded the request to the military authori-

ties. He stated that an investigation into the allegations

of mistreatment would take place as a part of the trial; a

"mini-trial" would be held which would look into the claims

of physical coercion. Based on this "mini-trial", a reply

would be given to the Consulate General.