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The High Court rejected the petition to reopen the Umm al-Hiran investigation
The judges ruled that the decision of the State Attorney and the Attorney General to close the case against the police officers who shot Yaakov Abu al-Qi'an should not be interfered with.
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Yaakov Abu al-Qiaan
Umm al-Hiran
Yael Friedson
Thursday, 21 October 2021, 11:15 Updated: 11:17
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The High Court this morning (Thursday) rejected the petition to open a criminal investigation against the policemen involved in the shooting of Yaakov Abu al-Qiaan in Umm al-Hiran. .
judge Yitzhak Amit, with the consent of the judges Ofer Grosskopf and Alex Stein, stated that interfere in this decision of the state prosecutor. In the judgment the court insisted that the testing procedure conducted by the PIU was thorough, and that the state prosecution decision was made after a thorough review of the evidence Extensively collected.
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"They called him a terrorist just because he is an Arab, the one who is supposed to protect us - murdered us"
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Yaakov Abu al-Qiaan (Photo: Official website, courtesy of the family)
Justice Amit said that "we are not interested in war activity, but it is an activity of an operational nature that is also accompanied by uncertainty, frequency of unexpected events and quick decision-making on the ground. In operational circumstances such as DA, a police officer may shoot in the dark while feeling Life for him or his friends will be achieved in the way he conducts himself; "There are several alternatives of action. There are circumstances that require a quick decision that cannot be prepared in advance, and the action of the forces must be examined against the background of these special conditions."
He went on to refer to the omissions that arose from the incident, the main one being the failure to provide medical treatment to Abu al-Qayan who lay on the ground for long minutes and according to his family was abandoned to his death, but stressed that they were not at the criminal level.
"Here, too, the tragic and series of failures does not lead to judicial intervention in the State Attorney's decision. Their eyes; and deal with the possibility that this is a terrorist incident that there is no certainty that it has indeed ended.
"If we need further evidence of the chaos that prevailed at the time, then one policeman even opened fire accidentally at one of the police vehicles that were at the scene."
Al-Qi'an family (Photo: Yotam Ronen)
Amit clarified that the ruling deals with the question of whether there was room to intervene in the State Attorney's decision not to open a criminal investigation against the police officers involved in the incident, and the question of police liability will be clarified in the civil lawsuit filed by the family.
"The Umm al - Hiran affair will be remembered in the Chronicles as a tragic affair. From a human point of view, two people were involved in their lives - the policeman, Sergeant Major Erez Shaul Levy Amadi and Yaakov Abu-Alqian. In the public aspect, the affair flooded tensions and raised various issues related to the Bedouin community in the Negev. "From a legal point of view, there is an evidentiary gap regarding the reasons that led to the conduct of the deceased and the acceleration of the vehicle, which eventually led to the death of the deceased and the death of the police officer," Judge Amit concluded the ruling.
The incident in Umm al-Hiran took place in January 2017, when during the evacuation of the village al-Qian was shot dead by police officers who thought it was an attempted car bomb attack.
Police Commissioner Roni Alshikh and Homeland Security Minister Gilad Ardan rushed to determine after the incident that it was a terrorist attack. Al-Qayan intended to carry out an attack, or lost control of the vehicle.
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