Palestinian girl was killed by border guards' rubber bullet, judge rules

 Guardian

Court rules 10-year-old's death 'unjustifiable', dismissing original police claims that it was caused by youths throwing stones

Harriet Sherwood in Jerusalem

A 10-year-old Palestinian girl was killed by a rubber bullet fired by Israeli border guards, a Jerusalem court has ruled, dismissing police claims that the child was hit by a stone thrown by youths.

Abir Aramin's death in January 2007 was "totally unjustifiable", according to the civil court's ruling. The court said border guards had either been negligent or had disobeyed instructions, and it ordered the government to compensate the family.

"There is no debate over the conclusion that Abir was injured by a rubber bullet shot by border guards, which in turn leads to the conclusion that the shooting of Abir occurred out of negligence, or in violation of the rules of engagement," said Judge Orit Efal-Gabai.

"Abir and her friends were walking down a street where there were no rock-throwers, therefore there was no reason to shoot in their direction."

Abir was struck as she walked with her sister and friends to buy sweets in the West Bank town of Anata after a maths exam. Bleeding heavily from a head wound, she was taken to hospital but died two days later.

The Israeli border police investigated the incident but, citing the autopsy which said it was possible that Abir's injuries could have been caused by a stone, concluded there was not enough evidence to proceed.

Abir's family filed a civil suit against the state, on which the court ruled yesterday.

Bassam Aramin, the girl's father, said that he still hoped those responsible for firing the bullet would be brought to justice. "I cannot blame an 18-year-old boy for shooting an innocent 10-year-old girl," he told the Ynet website. "There is something behind this, and it's the government's policies and the narrative his state has instilled in him. But still, I want them to be punished."

Aramin is a former Fatah militant who renounced violence while serving a prison sentence in an Israeli jail. He is one of the founders of Combatants for Peace, an organisation of former Palestinian militants and Israeli soldiers who promote peaceful dialogue between the two sides of the conflict.