February 21, 2005
US Citizen Shot by Israeli Army to Arrive in Tel Aviv Thursday for
Israeli Supreme Court Appeal
On Thursday February 23 at 2:45 PM, Brian Avery will arrive in Tel
Aviv from the U.S. in order to be present on February 28th when the
Israeli Supreme Court hears his petition demanding a criminal
investigation of his shooting.
Brian, an American human rights activist with the International
Solidarity Movement (ISM), was shot in the face and critically wounded
on April 5, 2003 by Israeli soldiers while standing in street with his
hands in the air in the West Bank town of Jenin.
A bullet entered his face, shattering his jaw and his nose. Since the
incident he has been in rehabilitation and undergone a series of
facial reconstruction surgeries.
Four other international activists from Denmark and Sweden who
witnessed the shooting testify that Brian, along with another ISM
activist, was standing under a street lamp on a quiet empty street
wearing a high visibility medic vest with his hands in the air,
clearly indicating he was an unarmed international. An Israeli
Armored Personnel Carrier approached at less than 30kmph and without
warning opened heavy fire from a range of just tens of meters, and
then carried on driving.
The Israeli army conducted an internal command inquiry and concluded
there was no evidence that Brian was hit by shots fired by Israeli
THE INQUIRY DID NOT INCLUDE TESTIMONIES FROM THE EYEWITNESSES AND
RELIED ENTIRELY ON THE TESTIMONIES OF ISRAELI SOLDIERS SERVING IN THE
In several cases Israeli military Internal command inquiries absolved
the army, but subsequent military police investigations uncovered
incriminating evidence and serious charges were brought.
This was the case in the killing of British ISM activist, Tom
Hurndall, who was fatally shot in Rafah six days after Brian's injury.
The internal command inquiry ruled that Tom was shot because of the
presence of a Palestinian militant in his vicinity. The criminal
investigation of the military police discovered that the soldier who
fired the fatal shot and another soldier had lied in the internal
inquiry. Charges of killing and interfering with the investigative
procedure were brought.
All requests made on behalf of Brian for a police criminal
investigation have received no response.
On the 28th of February his appeal demanding a criminal investigation
will be heard by the Supreme Court.
For More Information Contact:
In the US: Brian Avery (919) 967 2612 and (919) 360 6421
In Israel/Palestine: Attorney Michael Sfard 972(0)54-471-3930, and ISM