unir al-Hanash, whose daughter Lubna was shot and killed by soldiers on 23 January 2013 near al-‘Arrub refugee camp, filed a petition today to Israel’s High Court of Justice together with Israeli human rights organization B’Tselem, demanding that the court oblige Military Advocate General Maj. Gen. Danny Efroni to decide whether to indict the soldiers who killed his daughter or close the case.

On 23 January 2013 Lubna al-Hanash, a 21-year-old resident of Bethlehem, was strolling with a female relative in a garden near Route 60 by al-‘Arrub Refugee Camp, when she was struck in the head by soldiers’ live gunfire. She was taken to hospital in Hebron, where she died of her wounds shortly afterwards. In the course of the shooting, al-Hanash’s relative sustained a gunshot wound to the hand. B’Tselem’s inquiries found that the two women posed no danger to anyone and therefore, shooting at them was entirely unjustified. On the very day of the incident the MAG Corps announced that the Military Police had launched an investigation. Yet, in the 14 months since and although the investigation was concluded in October 2013 at the very latest, the MAG has yet to render his decision whether to indict the offenders or close the case. The petitioners’ legal counsel, Att. Gaby Lasky, noted that every day that goes by without a decision by the MAG reduces the chances that effective criminal procedures be taken against the perpetrators. This constitutes an ever-increasing infringement of the rights of the deceased’s family. It also results in greater harm to the rule of law and to public interest in bringing offenders to justice.

With respect to the handling of the case, the petition further noted that, “in the face of the gravity of the suspicions in this case, the inexplicable, insufferable delay in bringing the perpetrators to justice, for which law enforcement authorities are responsible, and the Respondent chiefly so, constitutes a blatant breach of the law enforcement authorities’ obligations, under both Israeli administrative law and international law. This unreasonable conduct is extremely injurious to the rule of law and to the rights of the petitioners, and conveys disregard for human life. To prevent further harm, the Respondent must be obliged to give his decision without delay.”