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.
The trial was the result of events which occurred on March 22, 1978 soon after the Israeli incursion into Southern Lebanon.
Jerusalem A-19
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.
[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.