Adalah-NY: Palestinians sue Canadian companies owned by Shaya Boymelgreen for war crimes

Adalah-NY: Lev Leviev’s Company Danya Cebus in Israeli Settlement Partnership with Boymelgreen

To view the Adalah New York website click here

New York, NY, July 10, 2008 – Evidence gathered by Adalah-NY indicates that Brooklyn-based billionaire Shaya Boymelgreen owns the two little-known Canadian companies sued Wednesday for war crimes in Canada by the West Bank Palestinian village of Bil’in. Three Hebrew language Israeli media reports from 2005-2006 report that Boymelgreen owns the Green Park companies that are now being sued for $2 million in Quebec Superior Court for building and selling the Israeli settlements of Mattityahu East/Modi’in Illit on Bil’in’s land in violation of international law. The construction of Israeli settlements in Occupied Palestinian Territory violates the Fourth Geneva Convention according to a broad international consensus.

Additional evidence gathered by Adalah-NY shows that, though not a target of the lawsuit, the Israeli company Danya Cebus, a subsidiary of Lev Leviev’s company Africa Israel, was contracted by Boymelgreen’s Green Park to execute the settlement construction. Billionaires Leviev and Boymelgreen were US partners from 2002 -2007.

Adalah-NY spokesperson Riham Barghouti explained, “We applaud the lawsuit filed by Bil’in for holding businesses accountable for settlement construction and violations of Palestinian rights. We also believe that these well-known Israeli businessmen like Boymelgreen and Leviev, who often try to hide their involvement in Israeli settlement construction from the international community, need to be made known to the public and to their business associates.”

The ownership of the two Canadian-registered companies named in the suit, Green Park International and Green Mount International, is murky, typical of many facts related to Israeli settlement construction. However, a May 8, 2005 article in Chabad On-line entitled “Boymelgreen is the controlling interest-holder in the Green Park Project” explains that Boymelgreen’s Green Park is building thousands of settlement homes in Modi’in Illit. In an April 11, 2006 article in Tsofar, Boymelgreen is quoted responding to a court petition that stopped construction by saying, “Flat buyers in my residential project, Green Park, in Modi’in Illit, will not be harmed.” A February 16, 2006 article about Boymelgreen in The Marker, the respected financial paper of Ha’aretz Daily, notes that “Of his investments in Israel, Green Park is noteworthy, a building project in Modi’in Illit…” Full English translations of these articles are available on the Adalah-NY website.

In their press release announcing the suit, Bil’in’s lawyers, Israeli Michael Sfard and Canadian lawyer Mark Arnold, noted that “the Green Park companies have… a single director who resides in the Montreal Region… it is believed that she is likely a nominal director having no direct involvement with Green Park.”

Though not a target of Bil’in’s suit, Israeli diamond mogul Lev Leviev is also implicated in the settlement construction in Bil’in, as well as in other parts of the West Bank. Three August 22 and 24, 2004 articles in the Israeli financial paper Globes announced Danya Cebus’ construction plans. The August 22 article noted, “Danya Cebus will build the $230 million Green Park project in the haredi (ultra-orthodox) town of Upper Modi’in… The company bought 939 dunam (234.75 acres) in the residential East Matityahu lot, zoned for the haredi community. Danya Cebus’s parent company, Africa-Israel Investments will market the project.” A May 8, 2005 Sales Agreement from Modi’in Illit between Green Park and a home buyer that was obtained by Adalah-NY notes, among many examples, that, “it is known and agreed upon among the buyers that the landscaping work and building for the project will be carried out by the Danya Cebus Company, Ltd.”

Boymelgreen and Leviev have also earned reputations in New York City as developers who abuse laborers while building expensive condos that price low-income and middle-income families out of their communities. Leviev’s companies’ human rights records in Angola and Namibia, where he mines and polishes diamonds, have also been severely criticized.

Statement from the Ni’lin Popular Committee Against the Apartheid Wall

8 July 2008 for immediate release

As of today, Tuesday 8th of July 2008, the military curfew in Ni’lin has been lifted. In response to statements released earlier today by an Israeli army spokeswoman claiming that “There were discussions between the villagers and the army commanders and they decided to lift the curfew,” and that “The villagers promised not to protest and to keep the village quiet” (Reuters 7/8/08), the Ni’lin Popular Committee Against the Apartheid Wall wants to clarify the following:

The Popular Committee, who is representing the Ni’lin municipality, political parties, institutions and organizations in Ni’lin, has not been in any discussions with any Israeli army commanders and has not made a promise to the Israeli army that there will be no more protests.

No such discussions have taken place with the village. The Popular Committee wants to stress that the people of Ni’lin village will not give up their right to defend their basic human, economic, and social rights and therefore will not relinquish their
right to protest against the confiscation of their land. The people of Ni’lin are also not willing to give up their right to stand up against the construction of a Wall that has been declared illegal by the International Court of Justice.

The village will not be quiet! The demonstrations organized in Ni’lin were always of a peaceful, nonviolent nature. Each time, the unarmed demonstrators were met with severe force and heavy violence from the side of the Israeli army (often before even reaching the construction site), injuring many Palestinian, international and Israeli participants, even attacking and injuring journalists and medical workers.

The Ni’lin Popular Committee would like to draw attention to the following facts regarding the disproportionate use of force by the Israeli army and Border Police since the beginning of the construction of the Wall (May 2008):

*160 people were injured by rubber coated steel bullets during the protests, including children

*Hundreds of non-violent protesters were brutally beaten by the Israeli army during the protests

*26 people were arrested

*A Palestinian Medical Relief Society ambulance was shot at. The driver counted 18 bullet marks on the outside of the van and two of the ambulance windows were shattered, with several bullets found inside the van

*Many people in the protests suffered severe respiratory problems due to the heavy use of tear gas

*Tear gas canisters were shot directly into the crowds, aiming at people and injuring dozens

*The Israeli army started using a new tear gas machine, shooting 30 tear gas canisters at the same time

*The Israeli army used live ammunition on several occasions

*There were numerous incidents where the Israeli army invaded the village in the middle of the night after a protest, shooting tear gas and rubber coated steal bullets at and into homes where families were sleeping, and also arresting several people during these military incursions into the village

The curfew imposed on Friday 4th of July 2008 was yet another measure in line with the severely disproportionate tactics that the Israeli army is using to slam down the protests and silence the people of Ni’lin, who are merely trying to defend their land and lives through nonviolent measures. The Ni’lin Popular Committee against the Apartheid Wall strongly condemns these aggressive and unprovoked Israeli military policies that have been declared illegal under international law. The Popular Committee specifically condemns the recent curfew and siege on Ni’lin, which caused excessive damage and severe injuries in a village that is already being strangled due to the construction of the Wall.

The Ni’lin Popular Committee draws your attention to the casualties and damages caused by the 4-day curfew and siege on Ni’lin:

*The Israeli army injured more than 50 villagers with rubber coated-steal bullets, three of them were seriously injured by live
ammunition. They are currently undergoing treatment in different hospitals in Ramallah

*Hundreds of people suffered from respiratory problems due to teargas inhalation. Teargas was shot at and into the houses. Villagers, who went on their rooftops or gardens in order to try to communicate with family and neighbors, were immediately attacked with tear gas and rubber coated steal bullets. Even standing too close to the window meant risking being shot at. The firing of teargas and rubber coated steal bullets at the windows has caused irreconcilable damage to the houses in Ni’lin

*During the first three days of the siege ambulances were not allowed access into the village, the injured remained untreated
The body of a deceased villager was kept for four hours at the entrance of Ni’lin before they let the remains into the village for burial

*A woman in labor was not allowed to leave the village and was forced to deliver the baby at home

*A twelve year old boy was kidnapped from his home by the Israeli army, who kept him hostage for 2 days.

*The army invaded approximately 20 houses, breaking personal property in the house and beating women, children and men

*The army used bulldozers to dig up newly paved roads, thereby wrecking parts of the municipal sewage system and destroying a large portion of the village’s infrastructure. In order to strategically control the whole area of the village, they entered the girls’ school, breaking the school’s windows and doors

*Shops and businesses were closed during the curfew and people could not get to work, depriving the people of Ni’lin from their much-needed income

*Three journalists were detained for several hours while trying to report on the situation of Ni’lin.

The Ni’lin people are calling for local, regional, and international support to sustain solidarity with the village. This support is very much needed. The Popular Committee would also like to take this opportunity to thank everybody who participated in the demonstrations and for all the efforts individuals have put into advocating for Ni’lin, contacting political representatives, and drawing worldwide media attention. We cannot express enough our feelings of deep gratitude for all of these efforts and the coming efforts too!

This Thursday, 10th of July 2008, a monumental protest is organized for the 4th anniversary of the ruling on the Wall of the International Court of Justice. The protest will start at 11 am in front of the municipality of Ni’lin. We will leave Ramallah at 9.30 am from the bus station behind Ziryab. Please confirm your attendance by contacting Hindi: 0599 83 98 43. He is also available for questions regarding the protest or for more information regarding the situation in Ni’lin.

For online information, please refer to the following links:
http://www.palestin emonitor. org/spip/ spip.php? article439 or
http://www.facebook .com/inbox/ #/group.php? gid=18853218651&ref=mf

ActLeft: Stop the fence in Ni’alin

The village of Ni’alin, which is located in the Ramallah district, has for more than a month now been leading an intense struggle against the de-facto appropriation of 2,500 dunams of land, over a third of all its land, as a result of the building of the “separation fence”.

The route of the fence in this area, much like in the famous case of the neighboring village of Bil’in, has been planned in such a way that all lands “left behind” the fence will serve the expansion of the near by illegal settlement of Hashmonaim.

The villagers have declared an uncompromising struggle against the fence; three-four demonstrations are held each week, marching towards the construction site and the settlement, in many cases successfully forcing a halt of construction.

The popular and nonviolent struggle of the demonstrators is met by growing ferocity on the side of the army, which is using live ammunition in addition to the regular tear gas and rubber bullets. On Friday, 4.7, the army decided to use collective punishment against the village – a full siege and curfew for ten days have been declared and enforced.

We demand that violence against demonstrators be stopped, and that the construction of the fence will be stopped in Nia’lin and elsewhere.

We sympathize and support the just struggle of the villagers against the appropriation of their lands.

An especially big demonstration will be held in the village of Ni’alin on Thursday morning, commemorating the anniversary of The Hague ruling which defined the Apartheid Wall illegal.

We call upon everyone to join this demonstration and the following ones as well

———-
The initiators of this call intend to publish it in Ha’aretz newspaper *this Wednesday or Thursday

In order to do so, we need to get some 250 signatories, each donating 100 NIS or more.

The donation can be broken down to two payments. Donations of all sizes will be warmly accepted.

Please confirm your signature with Ya’akov Manor at 050-5733276, 09-7670801, or with Amos Gvitz at 052-6035685, or at: manor12@zahav.net.il

Checks are to be made out to “Matte Hacoalitsia”, PB 1335, Kfar Saba, 44113

*If we do not receive enough signatures before the demonstration date we will have to postpone the publication to a latter date

DCI/PS: 10-year-old subjected to torture by Israeli soldiers

Defence for Children International: Palestine section

To view original press release click here

Name: Ezzat H
Age at incident: 10
Date of incident: 11 June 2008
Location: Sanniriya, Qalqiliya
Accusation: None

A 10-year-old boy was subjected to physical abuse amounting to torture for 2.5 hours by Israeli soldiers who stormed his family’s shop on 11 June, seeking information on the location of a handgun. The boy was repeatedly beaten, slapped and punched in the head and stomach, forced to hold a stress position for half and hour, and threatened. He was deeply shocked and lost two molar teeth as a result of the assault.

On Wednesday 11 June 2008, at around 10:30am, 10-year-old Ezzat, his brother Makkawi (7) and sister Lara (8) were in their father’s shop selling animal feed and eggs in the village of Sanniriya, near the West Bank city of Qalqiliya. The children were suddenly startled to see two Israeli soldiers storm in to the shop.

Interrogation and abuse in the shop

One soldier wearing a black T-shirt started shouting in a loud, menacing voice in Arabic, “your father sent us to you to collect his gun”. A terrified Ezzat responded, “My father does not own a gun”. The soldier responded by slapping Ezzat hard across the right cheek and his brother Makawi across his face. The soldier then ordered Makkawi and Lara to leave the shop. Once the younger children had left the soldier demanded once again that Ezzat hand over his father’s gun. Although Ezzat repeated that his father did not own a gun the soldier ordered him to search for it in the sacks containing the animal feed. Ezzat kept insisting that there was no gun in the shop so the soldier slapped him once again, this time across his left cheek.

One of Ezzat’s friends, realising that something was wrong, tried to enter the shop but was kicked by the soldier standing at the door and prevented from entering. Soon a group of local people had gathered outside the shop. Some of the people in the group also tried to enter the shop but were prevented from doing so by the soldier at the door.

The soldier in the black T-shirt asked him once again to produce the gun. Ezzat answered, “We do not have anything”. The soldier responded by punching him hard in the stomach causing Ezzat to fall over on to empty egg boxes. Ezzat started screaming and crying out from pain and fear. The soldier in the black T-shirt started making fun of Ezzat and imitated him crying. Ezzat remained in the shop alone with the soldiers for a further 15 minutes when the soldier in black abruptly grabbed him by his T-shirt and dragged him out of the shop. Ezzat asked the soldier if he could lock up his father’s shop but the soldier said he wanted it to remain open so that it could be robbed. The soldier also threatened to put Ezzat in his jeep and take him away.

Once they were out of the shop, Ezzat was ordered to walk in front of the soldiers to his house, whilst a gun was pointed at his back. The soldiers hit him several times on the nape along the way. On approaching his house Ezzat saw many Israeli military officials surrounding the house and a number of green military vehicles parked outside. One of the olive coloured jeeps had the word “police” written on it.

Interrogation and abuse in the home

After arriving at the family’s home the soldier in the black T-shirt stood Ezzat in the yard and ordered him to search the flower basin for the gun. Before Ezzat had a chance to respond the soldier slapped him so violently that Ezzat fell down face first into the basin. Without giving him the chance to stand up the soldier grabbed him by his T-shirt and lifted him up roughly. He was then instructed in Arabic by another soldier to head to the guestroom.

On approaching the guestroom Ezzat could see his father standing by the door. The soldier slapped him on the neck and Ezzat fell to the ground. As Ezzat stood up the soldier slapped him a second time making him fall to the ground once again. All this happened in front of his father. He then grabbed Ezzat by his T-shirt and lifted him in to the air. The soldier told Ezzat’s father that he was going to take his son to prison. He also threatened to take Ezzat’s 19-year-old sister to prison. Ezzat was then pushed forcibly in to the guest room where his mother and four of his other siblings including his sisters Diana (19), Raghda (18), (Aya) 15 and brother Jihad (3), were being held. His mother was crying. Ezzat was also crying and when asked by his mother why he was crying, he said it was because he had been hit by the soldiers. His mother asked the soldiers to stop beating her son and to beat her instead.

After several minutes Ezzat was taken out of the guestroom and slapped several times by the soldier in black, once so hard that he fell to the ground. After being moved to several locations in the house Ezzat was told to stay in the boys’ bedroom. The same soldier then left the room but would return every five minutes to slap Ezzat and also to punch him several times in the stomach. Each time this took place Ezzat would shout and scream out in pain and burst in to tears. The soldier would then imitate him and make fun of him. The soldier hit him around six times.

Destruction of property and use of stress positions

A short time later, five soldiers entered the room and proceeded to destroy the family’s property using hammers. In all, the soldiers destroyed wooden ventilation panels in the attic, a small refrigerator in the bedroom and it contents, damage to the kitchen, a fan and the fireplace.

Ezzat spent one hour in the bedroom alone with the soldiers. In that hour he was ordered by the same soldier to stand on one foot for half an hour, with his back against the wall and with both his hands lifted up in the air (see picture). Ezzat was exhausted by this but was too scared to put his foot down on the ground. Eventually he was told by one of the other soldiers that he could put his foot down. He was then asked to sit down in a squat position. He managed to remain in this position for two minutes and then had to stand up. A female soldier then walked in to the room and asked him to sit on the refrigerator box.

Shortly after the soldier in the black T-shirt returned accompanied by Ezzat’s older sister Diana. He proceeded to ask Ezzat whether he cared for his sister to which Ezzat responded, “Yes I do”. The soldier then asked him to tell him where the gun was hidden and that if he told him where it was hidden that he would not tell Ezzat’s father. The soldier left the room with Ezzat’s sister. He then returned to the room on his own and hit Ezzat all over his body. He left the room once again and after a while came back offering Ezzat 10 Shekels in return for telling him where the gun was. Ezzat responded that he did not care about money. This made the soldier extremely angry and he took off his helmet and started throwing it at Ezzat from two metres away. Ezzat was in extreme pain. The soldier continued to hit him with the helmet and then left the room once again returning to slap him across his face and on his stomach. This continued for some time with the soldier leaving the room and returning to hit Ezzat and to question him over the gun.

Interrogation of family

Ezzat then witnessed the soldier in the black T-shirt and the female soldier leading his sisters and mother to one of the rooms close to the boys’ bedroom. They closed the door of the room but Ezzat could hear the soldiers shouting at them. He overheard the soldier telling the female soldier to hit his mother because she was refusing to take her clothes off to be searched. After the incident was over Ezzat’s sister informed him that they were all strip searched by the female soldier, while the male soldier waited outside.

Meanwhile, a soldier wearing black sunglasses entered the bedroom in which Ezzat was being held. He walked in pointing a rifle, a few centimetres away from Ezzat’s head. Ezzat was so terrified that he began to shiver. The soldier laughed and made fun of him. He asked Ezzat to tell him where the gun was and threatened to shoot him if he didn’t. Ezzat continued to maintain that there was no weapon hidden away. The soldier, getting agitated shouted at Ezzat, “for the last time, tell me where the gun is before I shoot you”. Ezzat repeated that he did not have a gun. Hearing this, the soldier lowered his rifle and left the room. After about five minutes the soldier in the black T-shirt entered the room along with four other soldiers and said that they were leaving but would return.

The soldiers spent two and half hours in the house in total. After the incident Ezzat spent the night at his uncle’s house because he was too scared to sleep in his home. As a result of the physical assault Ezzat lost two of his molar teeth and is deeply shocked by the incident.

DCI/PS Statement

DCI/PS is appalled that Israeli authorities would subject a 10-year-old child to beatings, position abuse and threats over the course of several hours. The treatment of Ezzat falls within the definition of torture and other acts of cruel, inhuman or degrading treatment or punishment as defined in the UN Convention Against Torture, to which Israel is a State Party. The treatment of Ezzat also infringes numerous other international conventions to which Israel is bound1, as well as Israeli military and domestic law2.

DCI/PS again calls on Israel to immediately ensure its compliance with the UN Convention Against Torture and to thoroughly and impartially investigate the allegations of torture and abuse of Ezzat and bring those found responsible for such abuse to justice.

DCI/PS also calls on the EU to make the upgrade of EU-Israel bilateral relations conditional upon measurable and confirmed progress by Israel to uphold the EU human rights standards in the Occupied Palestinian Territory.

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1. Universal Declaration of Human Rights (1948) – article 5; Fourth Geneva Convention (1949) – articles 27 and 31 International Covenant on Civil and Political Rights (1966) – article 7; and the UN Convention on the Rights of the Child (1989) – articles 2(2), 3, 16 and 37(a).

2. Israeli military law establishes the specific offence of “ill treatment” which prohibits the beating or other abuse of any person in a soldier’s custody: see Military Adjudication Law, 5715-1955, Article 65. See also articles 378-382 of the Israeli penal code.

** Take Action **

Please send appeals in English, Arabic, Hebrew or your own language to Israel and/or the EU:

Israel

* Urging Israeli authorities to comply with the UN Convention Against Torture and thoroughly investigate the allegations of torture and abuse of Ezzat and other Palestinian detainees and bring those responsible for such abuse to justice.

Appeals to:

President of the State of Israel
Shimon Peres, President of the State of Israel
Office of the President
3 Hanassi St., 92188
Jerusalem, Israel.
Tel: +972 2 6707211
Fax: +972 2 5610033
Email: president@president.gov.il
Salutation: Dear President

Prime Minister of the State of Israel
Ehud Olmert, Prime Minister
Telephone: +972 2 6753277
Telephone2: +972 2 6753547
Email: eulmert@knesset.gov.il
Saluation: Dear Prime Minister

Israeli Minister of Foreign Affairs
Ms. Tzipi Livni, MK
9 Yitzhak Rabin Blvd., Kiryat Ben-Gurion, Jerusalem 91035
Fax: + 972 2 5303367
Email: sar@mfa.gov.il
Salutation: Dear Foreign Affairs Minister

European Union

* Urging the EU to pressure Israel to immediately ensure its compliance with the UN Convention Against Torture and thoroughly investigate the allegations of torture and abuse of Ezzat and other Palestinian detainees and bring those responsible for such abuse to justice.
* Urging the EU to make the upgrade of EU-Israel bilateral relations conditional upon measurable and confirmed progress by Israel to uphold EU human rights standards in the occupied Palestinian territory.
* Making the EU aware of the recent inclusion of Palestine/Israel as a priority conflict for the implementation of the EU Guidelines on Children and Armed Conflict, and of the subsequent reporting tasks on child rights violations incumbent upon EU diplomatic missions and EU institutions in the field.

Appeals to:

Mr. Bernard Kouchner, Ministre des Affaires Etrangères
Ministère des Affaires Etrangères français
37, quai d’Orsay, 75 007 Paris, France
Email: bernard.kouchner@diplomatie.gouv.fr

Personal Representative for Human Rights (CFSP) of the EU Secretary General/
High Representative Javier Solana
Ms. Riina Kionka
175 Rue de la Loi BE 1048 Brussels, Belgium
Fax. : +32 2 281 61 90
Email : riina.kionka@consilium.europa.eu

The Commissioner for External Affairs and European Neighbourhood Policy
HE Ms. Benita Ferrero- Waldner
Email: relax-enpinfo@ec.europa.eu

PCHR: PCHR condemns IOF measures against Nablus charities

Palestinian Centre for Human Rights – Press Release

Date: 8 July 2008

To view the PCHR website click here

PCHR strongly condemns Israeli Occupation Forces (IOF) for closing several charities and humanitarian organizations in Nablus over the past two days. The Centre calls upon the international community to intervene to put an end to these measures.

The Center’s preliminary investigation indicates that at approximately 1:35 on Monday, 7 July, IOF raided the Benevolent Solidarity Association, the Islamic School for Girls, Benevolent Solidarity Club, Solidarity Mosque, and Solidarity Medical Center in Rafedia Quarter west of Nablus. IOF confiscated medical equipment and computers from the medical center. In addition, IOF issued an order closing the association for 3 years. The order was signed by the Israeli army commander in the West Bank.

At approximately 1:00 on Tuesday, 8 July, IOF raided several organizations affiliated with Hamas. IOF closed 7 organizations for 2 years. IOF claimed that these organizations were used to “finance terrorist organizations.” The organizations that were closed are: Nablus Mall (owned by the Development, Investment, and Insurance Company), Nafha Association for Prisoners’ Affairs; Federation of Islamic Trade Unions, Scientific Medical Assocaiton, Yazour Benevolent Society, Basma Association, and Graduates Cultural Forum.

PCHR’s fieldworker obtained a copy of the military order closing the Nablus Mall that was dated 6 July and signed by Gadi Aluf, Israeli army commander in the West Bank. The order states, “Based on the jurisdiction granted to me under articles 120, 84, 129 of the Defense Regulations (State of Emergency) for the year 1945 … I hereby order the confiscation of all properties of “Beit El-Mal Arab Palestinian, LTD that is also known as the Development, Investment, and Insurance Company, including the real estate known as the Nablus Commercial Center (Nablus Mall). Ownership of the property and all its equipment is directly transferred to the Israeli Defense Forces with immediate effect. The administration offices of the Nablus Commercial Center and all unrented property is closed for 2 years starting with the date of receiving this order. Any person wishing to object to t his order can submit a written complaint through the Legal Advisor for Judia and Samaria within 14 days from receiving the order.”

It is noted that the Defense Minister, Ehud Barak, signed this week an order closing 36 charities worldwide under the pretext that they are illegal for being members in the “Zakat Federation” that collects money for Hamas. The Israeli newspaper of Haaretz indicated yesterday that Israeli security forces will escalate their war on the Hamas infrastructure in the West Bank; and that the military leadership plans to close a large number of associations and charities and confiscate their property under the pretext that they are affiliated with Hamas.

PCHR strongly condemns these arbitrary measures that constitute a form of collective punishment that is banned by International Humanitarian Law. The Centre calls upon the international community to intervene and put an end to these measures, especially since the targeted organizations provide humanitarian assistance to needy Palestinian families during these times of increased poverty.