On November 28th, Adnan, a Silwan grassroots organizer, received written notification that Israel intends to issue an order expelling him for a four months period from his city – Jerusalem. Adnan is a resident of Silwan, and a member of the al-Bustan Neighborhood’s committee, which was formed to oppose plans for massive house demolitions. In a reality where Palestinians’ right for freedom of expression in not even lip service, organizing your community against its impending destruction is reason enough to be ripped from it.
The order against Adnan is not part of a legal process where suspicions, charges or evidence have any part. It is an administrative order that circumvents the rule of law, which forms the foundation of western democracy. In this harsh reality, a person’s rights are taken without due process, with no charges, based on secret evidence and with no possibility to truly defend oneself. It is the essence of a Kafkaesque legal procedure in the taunting maze of the Occupation’s bureaucracy and power.
Adnan’s story is the story of thousands of residents of East Jerusalem. In view of the brutal tactics of repression employed by police against the community in service of the settlers who have taken over the city, it is clear that Adnan Gheith’s expulsion constitutes an experimental exercise of power on part of the Israeli Police. The Shin Bet and the Israeli Army intended to prepare the ground for massive home demolitions in the al-Bustan neighborhood and for a deepening Jewish settlement in Silwan.
In an attempt to stop democratic and legitimate protest, Israel makes distorted and cynical use of the law. Despite months of repeated arrests, in which Adnan was led handcuffed to interrogation over and over again – and with judge after judge ordering his release from custody – not a shred of evidence was gathered against him. The State has now decided to no longer bother with the criminal procedure where evidence is required, but rather to circumvent it by using the security apparatus and emergency regulations.
The Israeli government is now turning to unconstitutional and undemocratic means in the face of Palestinian and international pressure to end settlement in East Jerusalem. Adnan’s expulsion from his city will not only exact an unbearable cost on him and his family, but also on the residents of Silwan.
Please use the template in the following links to ask your government to speak up against Adnan’s expulsion from the only home he has and against the demolitions in Silwan. USA | UK | France | Denmark | Germany | Spain | Turkey
The Road in the village of Qarawat Bani Hassan was paved in Area C on lands marked for takeover by settlers from the adjacent outpost. Construction of the road was funded by Fayyad who also personally laid the cornerstone during a Land Day demonstration last March. Structures were also demolished today in the Jordan Valley and the Jerusalem area.
Large military forces entered the village of Qarawat Bani Hassan south-west of Nablus this morning to demolish a greenhouse and an agricultural access road paved on privately owned Palestinian lands designated as Area C. The paving of the road was initiated by village residents after settlers from the nearby outpost of Havat Ya’ir tried to take over a water-spring to which the road leads.
Construction work on the road began late last March, during a Land Day protest, in defiance of Israel’s policy of preventing Palestinian construction in Area C. The demonstration and the laying of the road’s cornerstone were participated by Palestinian Prim Minister, Salam Fayyad, who also provided the funding for the project.
During the demolitions, clashes between local youth and the military developed, in which soldiers used tear-gas and rubber-coated bullets against the villagers. Israeli bulldozers also placed a new roadblock at the entrance to the road.
House demolitions were also carried today under the pretext of illegal construction in the Jordan Valley village of al-Jiftlik, where the army knocked down ten structures in the early morning, and in the village of Hizma near Jerusalem, where seven more structures were demolished – all in Area C.
Over 60 percent of the West Bank is currently classified as Area C, in which, under the Oslo accords, Israel has complete control, over both civil and security issues. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA) some 70 percent of Area C, or approximately 44 percent of the West Bank, has been largely designated for the use of Israeli settlements or the Israeli military. The Israeli authorities generally allow Palestinian construction only within the boundaries of an Israeli-approved plan and these cover less than one percent of Area C, much of which is already built-up. As a result, Palestinians are left with no choice but to build “illegally” and risk demolition of their structures and displacement.
According to information released by the Israeli State Attorney’s Office in early December 2009, approximately 2,450 Palestinian-owned structures in Area C have been demolished due to lack of permit over the course of the past 12 years.
At 2:30 AM this morning Israeli forces entered the village of Bil’in in armored military jeeps and by foot, and proceeded to surround the home of jailed organizer, Adeeb Abu Rahmah. A group of masked soldiers forcefully entered the house without showing a warrant, and arrested Adeeb’s only son, 16 year old Mohammed. Since his father’s arrest 17 months ago Mohammed serves as the family’s sole provider.
During the raid, soldiers violently tried to prevent photographers from filming the raid, beating up local cameraman, Haitham Khatib and causing damage to his camera.
Photos courtesy of Hamde Abu Rahmah
Israeli forces arrest Mohammed Abu Rahmah
bruised Palestinian journalist from Bil’in
Israeli soldiers harass villagers
Background
Adeeb Abu Rahmah, 38, a taxi-driver and father of nine and courageous activist, was arrested during one of the weekly protests in Bil’in on July 10th, 2009. An initial decision to release him on condition of avoiding demonstrations was reversed on July 21st, 2009 when the military prosecution appealed. A judge ruled he should be kept on remand until the end of the legal proceedings against him.
Eventually sentenced on June 30th, 2010, he was convicted of “incitement” and “activity against the public order”. These broad military orders are increasingly being used by Israel to criminalize peaceful protest.
Abu Rahmah was initially sentenced to a twelve months term, which was then aggravated to an eighteen months term by the Military Court of appeals in a highly controversial ruling that won the contempt of Human Rights organizations around the world.
Amnesty International, amongst others, noted that “The broad scope of Israeli military orders mean that Adeeb Abu Rahma could be imprisoned solely for legitimately exercising his right to freedom of expression in opposing Israeli policies in the West Bank.” They added that he should be regarded “as a prisoner of conscience who should be released immediately and unconditionally.”
Abdallah Abu Rahmah was scheduled to be released from prison last Thursday, after having served the one-year prison term he was sentenced to. He remains in jail after the Military Court of Appeals ordered today to keep him behind bars regardless, pending a decision in the Military Prosecution’s appeal of the sentence.
Judge Lt Colonel Aharon Mishnayot, the head of the Military Court of Appeals, accepted the military prosecution’s petition today to extend the detention of Abdallah Abu Rahmah past the term he was sentenced to, which ended last Thursday. The decision comes after a dramatic hearing last Thursday, on the Military Prosecution’s last minute petition to extend Abu Rahmah’s remand, which took place on the date of his scheduled release. The decision contradicts the jurisprudence of the Israeli Supreme Court on the issue, instructing that a prisoner should only be kept under arrest after his term was over in the most extraordinary of cases.
Adv. Gaby Lasky, Abu Rahmah’s layer said: “The decision to keep Abdallah Abu Rahmah detained even after his sentence has ended is a mockery of the very concept of justice, but comes as no surprise. The military prosecution and courts are a well oiled machine of politically motivated unfair legal process.”
Last month, on October 11th, Abu Rahmah was sentenced to twelve months imprisonment for his prominent role in his village’s successful campaign against the construction of Israel’s Separation Barrier on its lands. Abu Rahmah was convicted freedom of speech charges, incitement and organizing illegal demonstrations, but was cleared of all charges connecting him with violence.
Abu Rahmah was declared a human rights defender by the European Union, and his conviction and sentence generated international outrage, and was denounced by human rights organizations and the international community alike, including EU foreign policy chief, Catherine Ashton.
In the similar case of Adeeb Abu Rahmah – another Bil’in activist – the Military Court of Appeals has recently ordered the Bil’in organizer under remand despite the fact that he served his sentence in full. The Court of appeals eventually dramatically harshened the one-year sentence originally imposed on Adeeb Abu Rahmah by the first instance, increasing it by half to 18 months imprisonment.
Background
Abu Rahmah, the coordinator of the Bil’in Popular Committee Against the Wall and Settlements, was arrested last year by soldiers who raided his home at the middle of the night and was subsequently indicted before an Israeli military court on unsubstantiated charges that included stone-throwing and arms possession. Abu Rahmah was cleared of both the stone-throwing and arms possession charges, but convicted of organizing illegal demonstrations and incitement.
An exemplary case of mal-use of the Israeli military legal system in the West Bank for the purpose of silencing legitimate political dissent, Abu Rahmah’s conviction was subject to harsh international criticism. The EU foreign policy chief, Catherine Ashton, expressed her deep concern “that the possible imprisonment of Mr Abu Rahma is intended to prevent him and other Palestinians from exercising their legitimate right to protest[…]”, after EU diplomats attended all hearings in Abu Rahmah’s case. Ashton’s statement was followed by one from the Spanish Parliament.
Renowned South African human right activist, Archbishop Desmond Tutu, called on Israel to overturn Abu Rahmah’s conviction on behalf of the Elders, a group of international public figures noted as elder statesmen, peace activists, and human rights advocates, brought together by Nelson Mandela. Members of the Elders, including Tutu, have met with Abu Rahmah on their visit to Bil’in prior to his arrest.
International human rights organization Amnesty International condemned Abu Rahmah’s conviction as an assault on the right to freedom of expression. Human Rights Watch denounced the conviction, pronouncing the whole process “an unfair trial”.
Legal Background
Abu Rahmah, the coordinator of the Bil’in Popular Committee Against the Wall and Settlements, was acquitted of two out of the four charges brought against him in the indictment – stone-throwing and a ridiculous and vindictive arms possession charge. According to the indictment, Abu Rahmah collected used tear-gas projectiles and bullet casings shot at demonstrators, with the intention of exhibiting them to show the violence used against demonstrators. This absurd charge is a clear example of how eager the military prosecution is to use legal procedures as a tool to silence and smear unarmed dissent.
The court did, however, find Abu Rahmah guilty of two of the most draconian anti-free speech articles in military legislation: incitement, and organizing and participating in illegal demonstrations. It did so based only on testimonies of minors who were arrested in the middle of the night and denied their right to legal counsel, and despite acknowledging significant ills in their questioning.
The court was also undeterred by the fact that the prosecution failed to provide any concrete evidence implicating Abu Rahmah in any way, despite the fact that all demonstrations in Bil’in are systematically filmed by the army.
Under military law, incitement is defined as “The attempt, verbally or otherwise, to influence public opinion in the Area in a way that may disturb the public peace or public order” (section 7(a) of the Order Concerning Prohibition of Activities of Incitement and Hostile Propaganda (no.101), 1967), and carries a 10 years maximal sentence.
At-Tuwani – Claiming that the children were throwing stones, Israeli soldiers detained five Palestinian schoolboys.
Since the beginning of 2005, the children from the village of Tuba wait every morning for an Israeli army escort to accompany them to the school in At-Tuwani, along the shortest road that goes through the Israeli settlement of Ma’on and the illegal outpost of Havat Ma’on. The escort’s task is to protect the children from the violence of the Israeli settlers of Havat Ma’on.
On the morning of November 21st, Palestinian schoolchildren had been waiting for over an hour near the settlement chicken barns when, at about 8:50 am, the soldiers arrived to escort the children to school past Havat Ma’on. Instead of escorting the children, however, the soldiers stopped and talked with the settlement security guard while the children waited on the road nearby. While the soldiers and the security guard were talking, two settlers passed the children.
After waiting for 15 minutes, two of the schoolchildren left for school on their own, unaccompanied. The other 13 children waited for another five minutes, then turned around and left to head back home. The soldiers remained with the security guard.
As the children were arriving at their villages of Tuba and Maghayir Al-Abeed, the same soldiers drove up, and, shoving away two internationals from Christian Peacemaker Teams, grabbed five boys and put them in the army vehicle. The soldiers took the boys back to the settlement barns, where, according to the children, they asked them no questions, but made them sit against a barn. After holding them for 15 minutes, the soldiers released the boys.
As the boys were leaving, the captain told the internationals “tell the children’s parents that if the boys throw stones again, it won’t be like this time. There will be problems.”
“I was waiting with the kids for over an hour, and I never saw them throw stones” said Joe Yoder, member of CPT. “Even if they were throwing stones while they were playing around, I don’t see how that’s an offense that merits soldiers coming into their home and carrying them off like criminals. If the army would just arrive on time, then there wouldn’t be a problem in the first place.”
Schoolchildren from Tuba and Maghayir al Abeed rely on the Israeli army to escort them past the settlement of Ma’on and the illegal outpost of Havat Ma’on, where Israeli settlers have committed acts of violence against the schoolchildren in the past.
These kinds of incidents are the evidence of the Israeli military escort’s failure to protect the children from settler’s violence. In the last school year, the children were attacked 19 times, they waited for the escort 53 hours and they missed almost 27 hours of classes.
