FOR IMMEDIATE RELEASE
OCTOBER 10, 2010

Updated October 14 to reflect new court dates.

(Haifa, Israel) – Lawyers for the family of Rachel Corrie filed an appeal with the Israeli Supreme Court on Sunday, challenging a decision to allow soldiers to testify behind a screen in the lawsuit filed against the State of Israel for the unlawful killing of the American peace activist in Rafah, Gaza.

State attorneys made the highly unusual request in court on Thursday, October 7 arguing that they were necessary to protect the soldiers’ safety and prevent their images from being circulated. Haifa District Court Judge Oded Gershon granted the request, ruling that all but two soldiers, who were both already known to the public, would be permitted to provide their testimony hidden from public view.

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Corrie attorneys opposed the motion, arguing that allowing the soldiers to testify behind a screen infringes upon the fundamental right to an open, fair and transparent trial. They argued that the government request was based on an overbroad security certificate issued by Defense Minister Ehud Barak in 2008, was not supported by concrete evidence to substantiate their concerns for the soldiers’ safety or security. The lawyers will also ask the Supreme Court to review Judge Gerhson’s decision not to allow the family to see the witnesses even if the public could not.

Attorney Hussein Abu Hussein, who represents the Corrie family, stated:

Akiva Eldar, Haaretz

The Obama administration is pressuring the Israeli authorities to allow four activists of the International Solidarity Movement from the U.S. and Britain to enter the country so they can testify in the civil suit brought against the Defense Ministry by the family of Rachel Corrie, an activist killed by an IDF bulldozer in the Gaza Strip in March 2003.

Corrie, a U.S. citizen, was 24 when she was struck and killed by the bulldozer as she and others tried to stop the razing of homes in Rafah by using their bodies as human shields.

The Interior Ministry informed the family’s attorney, Hussein Abu Hussein, that the witnesses, including a peace activist expelled from Israel in the past, would be allowed entry into the country so they can testify during deliberations scheduled at the Haifa District Court in two weeks. However, the Defense Ministry rejected he family’s request to allow Dr. Ahmed Abu Nakira from the Al-Najar Hospital in Rafah, and who treated Corrie’s injuries and later confirmed her death, to enter Israel.

A request by Abu Hussein to question the physician via video conference was also rejected because “it is difficult to identify the witness and present him with documents.”

Ahead of the court deliberations the Corrie family contacted Assistant U.S. Secretary of State for Human Rights Michael Posner, who visited Israel several weeks ago in connection with the Goldstone Report on Operation Cast Lead.