April 2000: A State of Denial, Israel's Disregards of Palestinian...

 

 

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The Palestinian Human Rights Monitor
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The Unresolved Case of the Murder of Dr. Naela Kara’inThe Unresolved Case of the Murder of Dr. Naela Kara’in

According to many Palestinian Jerusalemites, Dr. Naela Hamdan Ayed Kara’in was a leader without leadership status. She received two advanced degrees from universities in the United States, including one from Harvard University and a doctorate from Johns Hopkins University in public health. Upon returning to Palestine, she committed herself fully to serving the Palestinian people. Dr. Naela Kara’in was involved in, among other things, improving health care in Palestine. She contributed actively as a public health consultant to the development of the Palestinian National Health Plan. She also worked diligently with the Palestinian Ministry of Health. Because of these and other contributions to the public welfare of Palestine, Dr. Kara’in has come to be known as the “Angel of Jerusalem,” reflecting both her attachment and commitment to her city, Jerusalem. It is a testament to what she meant to Palestine and to Jerusalem that prominent Palestinians such as Mr. Faisal Husseini and Dr. Sari Nusseibeh attended her funeral.

Who Killed Dr. Kara’in and Why?

On February 11, 1999, between 10:00 and 10:30 AM, Dr. Kara’in was stabbed to death at #11 Elisha Street in West Jerusalem. The autopsy report indicates that she had been stabbed once in the heart with a fatal twist of the knife. After being alerted by a bystander, the Israeli police found her corpse lying in an open, normally busy alley in the Musrara neighborhood.47

As soon as Dr. Kara’in’s body was found, Israeli police sources circulated various versions of the crime. In an early morning broadcast, Radio Israel announced that the murder had been committed for nationalist reasons. Later in the morning, however, the Israeli police speculated that the murder might have been committed because of robbery or even a family dispute. These speculations were subsequently discounted, when five hours after the murder, the police announced the arrest of a suspect named Mohammed Sha’lan. According to the police, Mr. Sha’lan, who is a Palestinian resident of the West Bank village of Abu Dis, surrendered to the Israeli police at the Ma’ali Adumim checkpoint on the outskirts of Jerusalem. At the checkpoint, Mr. Sha’lan allegedly confessed to the murder of Dr. Kara’in, claiming that he thought she was a Jew.48

Mohammed Sha’lan’s lawyer, Ibrahim Abu ‘Atta, who represented Mr. Sha’lan when he was remanded in custody, also confessed to the murder in Mr. Sha’lan’s name. The lawyer said that Mr. Sha’lan had committed the crime because of “private family problems” and that Mr. Sha’lan was sorry about the loss of life.49

From the perspective of the State of Israel, Mr. Sha’lan’s admission to and apology for the murder is strong evidence in favor of conviction. In fact, on the 18th of Nov. 1999 an Israeli Court in Jerusalem sentenced Mr. Sha’lan to life in prison for Dr. Kara’in’s murder. Another man, whose name is Mohammed Hassan, was also found to be an accomplice in the murder. He received a 3-year prison sentence.

 It is important to point out that, despite his repeated confessions, Mr. Sha’lan, whose case was subsequently handled by attorney ‘Awni Yaghmour, denied the charges relating to Dr. Kara’in’s murder in front of an Israeli court on September 19, 1999. Even if he had not denied the charges, the fact that so many questions relating to Dr. Kara’in’s murder have still not been answered makes it difficult to accept Mr. Sha’lan’s confession at face value.

One such unanswered question has to do with the confession itself. As Andre Rosenthal, the lawyer representing the Kara’in family, explains,

“There are problems with Mohammed Sha’lan’s confession. I saw the transcript of the trial of one of the hearings. From the file I read, his story is strange, especially with respect to one particular eyewitness. According to this story, this eyewitness – a woman – saw Mohammed Sha’lan stab Naela Kara’in and then walked with him up the street after the murder and simply parted ways. It just doesn’t sound right. It is too easy – too simple – with this witness.

“Furthermore, there was another eyewitness, a neighbor, who was on a balcony and apparently saw some of the events but not the stabbing itself. We have to find out more details about both of these eyewitnesses.” He said: “whoever walked with the women was not Mohammed Sha’lan.”

“Generally speaking, I’m very unsettled about the way this investigation has been handled. I am reluctant to believe that Mohammed Sha’lan’s confession is true.”50

Aside from the confession, another unanswered question has to do with the reason Mr. Sha’lan turned himself into to the Israeli authorities instead of the Palestinian authorities. As already mentioned, Mr. Sha’lan is a resident of Abu Dis, a West Bank village under the rule of the Palestinian Authority. Some Palestinians have suggested that it would have made more sense for Mr. Sha’lan to turn himself into the Palestinian Authority rather than the Israeli police, especially if he had really mistaken Dr. Kara’in for a Jew. If he had done so, Palestinians point out that there would have existed at least the opportunity for any outstanding issues to be resolved between the Sha’lan family and the Kara’in family. Indeed, when “mistakes” of this kind occurred during the Intifada – that is, when Palestinians mistakenly killed other Palestinians thinking they were Jews – they were often resolved internally within Palestinian society at either the family or clan level.

A third unanswered question has to do with a contention that Mr. Sha’lan was at his home in Abu Dis when Dr. Kara’in was murdered. According to the brother of Mr. Sha’lan, Mohammed did not leave the family’s house in Abu Dis until approximately 2:00 PM – four to five hours after Dr. Kara’in was killed. Other members of the Sha’lan family have corroborated this statement.51

Mr. Sha’lan’s brother has also stated that Mr. Sha’lan was being recruited to work with the Israeli General Security Services. In Mr. Sha’lan’s brother’s view, connections with the Israeli intelligence services suggest that Mr. Sha’lan may not be psychologically or emotionally stable.52 To other Palestinians, connections with the Israeli intelligence services also suggest that Mr. Sha’lan may not have genuinely wanted to kill a Jew for maintain. Whatever the case may be, in the opinion of the Sha’lan family, the Israeli authorities have fabricated a story in which a member of their family has been wrongly implicated. In the family’s view, there is not even the remotest connection between Mr. Sha’lan and the killing of Dr. Naela Kara’in.53

Neither the Sha’lan family, the Kara’in family, nor attorney Andre Rosenthal have stated publicly who they think killed Dr. Naela Kara’in. Like many Palestinians, however, they have raised difficult questions about Dr. Kara’in’s murder that deserve honest answers.

The Kara’in family does not necessarily want financial compensation from the Israeli government for the murder of Dr. Kara’in. What they want is the truth. They want to know who killed their beloved family member, and why. As in all the other cases documented in this report, the truth is vitally important. Without knowledge of who attacked Dr. Kara’in as well as other innocent Palestinian civilians, it will continue to be very difficult for Palestinian victims of terrorism to recover compensation. It is the Israeli authorities that carry the burden of providing the victims and their families as well as the wider Israeli and Palestinian communities with precisely that knowledge.

 

     
 
 

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