The High Court partially approved a petition Tuesday from a Palestinian detainee requesting that the Department of Internal Police Investigations (DIPI) prosecute an officer the detainee alleges urinated on him in 2007.
The petition was filed by a Palestinian detainee who alleges that he was physically and sexually abused while being held at a Ma'ale Adumim police station in November 2007.
The DIPI investigated the allegations and eventually closed the case after coming to the conclusion that "the evidence did not present a reasonable chance of conviction." As a result, the detainee turned to the High Court.
The High Court accepted the majority of DIPI's findings in regard to the Palestinian's claim, but reversed the decision related to the specific act described by the man.
Judges noted that, "during the plaintiff's interrogation and that of his cousin who was arrested with him, both men complained—without knowing they were being recorded—that 'the smell of the urine is disgusting, it's killing us. At least I didn't have to drink it. They piss in a bag and then put it on your head.'"
The officer in question denied the allegations, but later admitted to some of them after having been led to believe that his DNA was found on the detainees clothing.
According to the officer, the Palestinian was handcuffed and blindfolded after using the bathroom himself. The police officer asked the man to stand aside so that he too may urinate.
"I ordered him to kneel so I could detain him if necessary," said the officer. He went on to say that the Palestinian made a sudden movement and as a result, "turned toward the prisoner while still urinating and most likely splashed some on him, while is perhaps the reason his DNA was found on his clothes."
When asked why he did not report the event, the officer replied that he was embarrassed.
The High Court nevertheless ordered the DIPI to prosecute the officer.