Ref: 166/2003

 In
response to a complaint submitted by PCHR on behalf of the family of a
Palestinian child killed by an Israeli soldier in March 2002, the office of the
Israeli Military Prosecutor of the Southern Command stated on 4 December that
an Israeli soldier has been charged with “causing death by negligence.”

 PCHR
submitted a complaint to the Israeli military legal advisor on 3 April 2003 in
respect of the killing of 8-year-old Mahmoud Hassan Ahmed al-Talalqa, calling
for an investigation into the killing, the prosecution of those found
responsible, and provision of compensation to al-Talalqa’s family.  On 28
July 2003, PCHR received an initial response from the Israeli Military
Prosecutor’s Office stating that an investigation into the child’s death would
be initiated. 

PCHR sent
several letters to the Israeli Military Prosecutor to inquire about the
conclusions of the investigation into the case.  PCHR finally received a
letter on Thursday, 4 December 2003, from Einat Ron, the Military Prosecutor
for the Southern Command, in which he stated that a bill of indictment was
issued against an Israeli soldier in respect of the killing of Mahmoud
al-Talalqa. 

 Mahmoud
Al-Talalqa was killed on 1 March 2002, while he was playing in the street with
his friends near the al-Nada housing project in the northern Gaza Strip town of
Beit Hanoun, after afternoon prayers.  According to a preliminary
investigation conducted by PCHR’s into the incident, al-Talalqa was shot at
close range by an Israeli soldier.  The child’s brother, who witnessed the
killing, stated that: “The Israeli soldier popped his head out of an Israeli
military tank positioned near the al-Nada apartment buildings and gestured and
called to my brother and his friends to come closer to him.  As the group
neared the tank, the soldier opened fire at them.  Mahmoud was hit, but
his friends were able to escape.”

 This
is the second case pursued by PCHR during this Intifada in which an indictment
has been issued against an individual Israeli soldier.  In the other case,
a female soldiers was indicted in relation to a complaint filed by PCHR on
behalf of Fathma Mohammed al-Najjar, 43, who was forced to drink a poisonous
liquid at al-Tuffah Israeli military checkpoint at the entrance to the Mawasi
area in the southern Gaza Strip in February 2003. 

 PCHR
remains committed to continuing its efforts to seek full reparation for victims
of human rights violations perpetrated by the Israeli military and settlers in
the OPTs, including full and fair investigations, prosecution of individuals
responsible and appropriate compensation.