-Draft ?
In the Supreme Court HCJ /03
sitting as the High Court of Justice
The Petitioners: 1. B¡¯Tselem ? The Israeli Information Center for Human Rights in the
Occupied Territories
The Association for Civil Rights in Israel
both by attorneys Noa Stein and/or Dan Yakir and/or Dana Alexander and/or Hadas Tagri and/or Avner Finchuk and/or ¡®Awani Bana and/or Michal Finchuk and/or Fatma al-Aju & Leyla Margalit and/or Bana Shagri-Badarna and/or Sharon Avraham-Weiss and/or Sonya Bulous and/or Oded Feller
of The Association for Civil Rights in Israel
PO Box 35401, Jerusalem 91352
Tel. 02-xxxxxxx; Fax. 02-xxxxxxx9
v.
The Respondent: Judge Advocate General
6 David Elazar Street, The Kirya, Tel Aviv
Petition for Order Nisi
A petition for order nisi is hereby filed to direct the Respondent to show cause:
Why he does not order a Military Poli¡¦(»ý·«)
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le an efficient investigation that will ultimately disclose the truth, the investigation must be conducted as soon as possible after the incident.
The Palestinian civilians whose deaths are the basis for this petition were killed in incidents that took place between May 2002 to May 2003. Regarding five of these persons, it was decided not to open a Military Police investigation. As for the other three persons, Petitioner 1 sent a request to the Respondent as soon as possible after the three died. To date, Petitioner 1 has not been informed if a Military Police investigation has been opened to determine the circumstances of these deaths.
The passage of time from the occurrence of the incident that led to the death of the civilians and the investigation is liable to hamper the investigation and distort its results. Most of the evidence in such cases is collected from passersby and soldiers. Thus, the quality of the investigations is affected by the precision of the testimonies. As tim