28 April 2014

Israel: Palestinian Juvenile Executed by the Israeli Military on his Birthday

PAL Mohamed Al Salaimeh

On 12 December 2012, Mohamed Al Salaimeh, a 17 year-old Palestinian from Hebron, was shot several times at the checkpoint of Al Salaimeh district by the Israeli military. He died on his birthday. More than a year later, those responsible for his execution have not been brought to justice. Today, Alkarama solicited the intervention of the UN Special Rapporteur on extrajudicial executions to intervene with the Israeli authorities on the behalf of his family.

At around 6:30 p.m., Mohamed Al Salaimeh was on his way to meet a friend, Mohamed Ajlouni, to get a birthday cake from the bakery. As he was walking, a soldier called him from the checkpoint 106 adjoining Ibrahimi Mosque, a few meters away from his friend's house. He walked towards the soldier who asked him questions. The Israeli forces state that at that time the soldier discovered that the teenager had a gun-shaped lighter and he decided to confiscate it. Mohamed refused which caused an altercation between the two.

Mohamed tried to get the lighter back and engaged in a fistfight with the soldier who shot several times in the air to make him move away.

At that moment, another soldier that had rushed out of the checkpoint, alerted by the gunshots, shot directly in direction of Al Salaimeh who stepped back, presenting then no threat to them.

It did not prevent the soldier to shoot again three times in his chest despite the fact that Mohamed had rolled over meters away from them because of the impact of the gunshots.

Even if Mohamed was carrying a gun-shaped lighter – a version of the events that the victim's family rejects – it appears clearly that he moved away from the soldiers after the first gun shot. There was therefore nothing that could justify the gun shots, least of all four times, to contain Mohamed. The swift intervention of the second soldier had been sufficient to stop the victim, unarmed, from any attempt to harm the soldier. Thus, the intervention of the last soldier was unjustified and demonstrates an excessive use of lethal force.

To date, the Israeli Defence Forces have not investigated the case nor prosecuted the soldier responsible for the death of Mohamed Al Salaimeh, even though the events have shown that the soldier did not act in position of self-defence and that she targeted Mr Al Salaimeh four times in a clear attempt to execute him and not only to prevent him from any action against them, which would have been a more proportionate answer to the alleged threat the victim was presenting.

In light of the above information, Alkarama solicited the intervention of the UN Special Rapporteur on summary executions on behalf of Mr Al Salaimeh's family with the Israeli authorities to ensure that the authorities investigate these allegations in view of identifying those responsible and bringing them to justice.

Kuwait - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 21.05.1996
Optional Protocol: No

State report: Due 02.11.2014 (3rd)
Last concluding observations: 22.12.2011

Convention against Torture (CAT)

CAT: Accessed on 08.03.1996
Optional Protocol: No
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

Next State report: Due on 03.06.2015 (3rd)
Last concluding observations: 28.06.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 05.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

No