The trial of Bil’in protest organizer, Abdallah Abu Rahmah will renew this Wednesday, after his conviction of incitement and organizing illegal demonstrations was harshly criticized by the EU, the Spanish Parliament and human rights organizations.
What: Beginning of sentencing phase in Abdallah Abu Rahmah’s trial Where: Ofer Military Court When: 10:00 AM, Wednesday, September 15th, 2010.
Photo: Oren Ziv / Active Stills
Abdallah Abu Rahmah’s trial will resume on Wednesday, as it will enter the sentencing phase, in which the prosecution will argue its case for an acrid sentencing, and is expected to ask for a sentence exceeding two years imprisonment. The defense will argue Abu Rahmah had already been devoid of his freedom for too long, and should be released immediately.
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. 9 months after his arrest, Abu Rahmah is still kept on remand.
An exemplary case of mal-use of the Israeli military legal system in the West Bank for the purpose of silencing of 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 organizations 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 cases 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.
Beginning of sentencing phase in Abdallah Abu Rahmah’s trial
The Spanish Parliament followed the footsteps of the EU and the Desmond Tutu of the Elders, and joined the rising tide of international criticism over Abu Rahmah’s conviction of incitement by an Israeli military court.
The Spanish Parliament’s Intergroup for Palestine issued a statement that expressed their “deep concern that Abdallah Abu Rahmah’s potential incarceration aims at preventing him and other Palestinians from exercising their legitimate right to protest against the existence of the Wall in a non violent manner.” (full text of the statement is available below or here in the Spnish original)
Photo: Oren Ziv / Active Stills
The Intergroup for Palestine is an official body of the Spanish Parliament, in which all political parties represented. Its decisions and statements are achieved in full consensus
Abu Rahmah’s trial will resume next Wednesday, the 15th of September, as it will enter the sentencing phase. The prosecution will argue its case for an acrid sentencing, and are expected to ask for a sentence exceeding two years. The defense will argue Abu Rahmah had already been devoid of his freedom for too long, and should be released immediately.
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 cases 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.
STATEMENT FROM THE PARLIAMENTARY INTERGROUP FOR PALESTINE ABOUT ABDALLAH ABU RAHMAH’S CONVICTION
On August 24, 2010, the coordinator of the Bil’in Popular Committee (West Bank), Abdallah Abu Rahmah, was convicted of incitement and of participating in and organizing demonstrations by an Israeli Military Court.
This sentence comes after an eight months trial, during which the defendant has been bereft of freedom.
He is now awaiting his sentence, which could carry several years n prison.
The Parliamentary Intergroup for Palestine considers the Bil’in peaceful struggle against the construction of the Separation Wall, which was declared illegal, as a defense of the primacy of law and international law in the face of arbitrary decisions, which ignore not only the reiterated resolutions of the United Nations’ political bodies, but also Israel’s own legal organization.
The peaceful opposition to the occupation and the construction of the Wall is in and of itself a defense of the individual and collective human rights of the Palestinian People, which deserves the protection of the international community.
It is on these grounds that Catherine Ashton, the High Representative of the European Union, has issued a statement on the issue on August 24, to which the Intergroup subscribes.
Therefore, we express our deep concern that Abdallah Abu Rahmah’s potential incarceration aims at preventing him and other Palestinians from exercising their legitimate right to protest against the existence of the Wall in a non violent manner.
Spanish Congress of Deputies Hall, August 30, 2010.
When I was a boy I was still allowed to travel in Israel. I went to the beach and swam in the sea, something that most Palestinian children living in the West Bank today can only dream of. Israel has been restricting movement more and more over the years. We Palestinians were banned from traveling to Israel, the land where many of our parents were born. And now I find I cannot leave the West Bank. I was stopped from leaving the country on 4 August when I tried to cross the Allenby Bridge and reach Jordan in order to fly to Europe.
Abdallah Abu Rahmah being arrested by Israeli soldiers at demonstration in Bilin in 2005. (Oren Ziv/ActiveStills)
And just as Israel has gradually increased restrictions of where we can go, the boundaries of what is permissible to do as a Palestinian have narrowed markedly. We have reached a point where peaceful protest is unacceptable to the Israeli state and military legislation has been constructed to criminalize and throw in jail anyone who dares to publicly voice dissent.
Abdallah Abu Rahmah, coordinator of the Bilin Popular Committee and my best friend, is one such man. He made the international news after the EU’s foreign policy chief issued a statement condemning his conviction in an Israeli military court on 24 August. He was convicted of “incitement” — an intentionally vague charge that criminalizes freedom of speech — and of organizing “illegal” demonstrations. Direct negotiation between Israel and Palestinians may be restarting, but on the ground, Israel’s military occupation continues: oppression as usual.
Abdallah, a school teacher and father of three, has been imprisoned at the Ofer military prison since 10 December 2009 — International Human Rights Day, no less. Israeli soldiers raided his occupied West Bank home in the middle of the night, and dragged him from his bed in front of his wife, Majida, and their three children, Luma (7), Lian (5) and eight-month-old baby Laith.
The protests that Abdallah was convicted of organizing began on 16 December 2004, the day Israeli military bulldozers first came to uproot olive trees on our village’s lands and plant a wall in their stead. Since that day we have held hundreds of demonstrations in which Israelis and internationals joined Palestinians to say no to Israeli apartheid and yes to partnership and peace based on justice. In Bilin we believe that creativity and hope are our most effective tools to break the shackles of occupation and realize our rights as enshrined in the Universal Declaration of Human Rights and guaranteed to us by international law.
In July 2004, months before the construction of Israel’s barrier on Bilin’s lands began, the International Court of Justice in the Hague ruled that the wall Israel is constructing in the occupied Palestinian territory is illegal and must be dismantled. The ruling also reiterated that Israeli settlements in the occupied territories are also illegal under international law.
Israel however continued constructing the wall and the settlements unabated. The impunity Israel enjoys regarding these violations erodes our people’s faith that international law and human rights are relevant to our lives. Many of us feel that human rights are something the West enjoys speaking of, but are reserved for others. We believe that for things to change there must be a price for Israel’s flouting of international law and that this price can best be drawn through nonviolent means.
Every day, more and more Palestinians choose to oppose injustice and occupation with grassroots unarmed resistance, challenging Israeli hegemony. Threatened by our movement’s growth, Israel has launched a campaign of repression, targeting activists and members of popular committees — the bodies mobilizing protesters — across the West Bank with arrests and violence.
Last March, in another draconian attack on free speech, the lands of Bilin and the neighboring village of Nilin, where regular weekly protests against the theft of their land are also held, were declared a permanent closed military zones for a period of six months.
Between February 2004 and June 2009, twenty unarmed demonstrators have been killed, hundreds imprisoned and thousands injured. The soldiers and settlers who regularly violate international law do so with almost complete impunity. Meanwhile, Palestinian civilians who organize protest are charged with incitement and organizing illegal demonstrations.
In fact, it is only by coincidence that I myself am not imprisoned in Ofer prison together with Abdallah. Like Abdallah, I have been arrested by soldiers who broke into my home at the middle of the night. I too was charged with incitement and organizing demonstrations. Like they did with Abdallah, the military also claimed that I had been throwing stones.
Their mistake was, that unlike in Abdallah’s case, they tried to use not only unlawfully extracted testimonies of minors, but they also provided a falsified picture of me with a stone in my hand. But I was lucky. I was abroad on the date that the picture was taken and could prove that I was not the man in the picture. When the fraud became evident, the judge had no choice but to order my release. Otherwise, like Abdallah and many other Palestinian organizers and activists, I would have been considered dangerous and held at least until the end of my trial, which is still ongoing.
If what Abdallah has done is illegal, then we are all proud offenders. Israel better round us up and throw us to its jails and prisons by the hundreds, as the perverse reality Israel has created on the ground means that we must defy Israeli military law in order to uphold international law and achieve our human rights.
The EU’s statement denouncing Abdallah’s conviction is an important first step. But it must be followed by serious action to ensure that Israel does not use the resumption of negotiations as a smokescreen to hide behind while entrenching the occupation. Until such steps are taken, no one who dares to protest and challenge Israel’s occupation is safe.
Mohammed Khatib is the secretary of the Bilin village council and the coordinator of the Popular Struggle Coordination Committee.
Abdallah Abu Rahmah protects a young girl in Bilin
27 August 2010
The West Bank village of Bil’in has become a symbol of the wider popular resistance movement in Palestine. Abdallah Abu Rahmah, head of Bi’in’s Popular Committee, is one of many key organizers of peaceful resistance that Israel has used legal means to persecute. He was convicted on Tuesday of two out of four charges in an Israeli military court and faces up to ten years in jail. The facts of his case – and what you can do to help put pressure on Israel – are set out below.
Name: Abdallah Abu Rahma Age: 39 years old Incarcerated: Ofer military prison Job: Abdallah worked as a high school teacher at the Latin Patriarchate school in Birzeit near Ramallah until he was jailed. He also owned a chicken farm.
Family: Abdallah is married to Majida and they have three children — seven year-old Luma, five year-old Lian and eight month-old baby Laith.
Why is he imprisoned?
As coordinator of Bili’in’s Popular Committee Against the Wall and Settlements, Abdallah is seen as a threat by Israel because of his prominent role in the nonviolent struggle which has attracted international support. He is being legally persecuted because of the successes of the grassroots nonviolent resistance movement which has been growing steadily for the last 5 years.
EU representatives attended all court hearings over the last 8 months and they did not fail to notice the politically motivated nature of the prosecution. Catherine Ashton, European Union High Representative, said yesterday that the EU views Abdallah as “a human rights defender committed to non-violent protest” and that the EU was “deeply concerned that the possible imprisonment of Mr Abu Rahmah is intended to prevent him and other Palestinians from exercising their legitimate right to protest”.
How and when was he arrested?
At 2am on Thursday 10th December 2009 (International Human Rights Day and exactly one year after receiving the Carl Von Ossietzky Medal from the International League for Human Rights) Abdallah was arrested by Israeli forces.
Several military jeeps surrounded his home the West Bank city of Ramallah. Israeli soldiers broke the door down, extracted Abdallah from his bed, blindfolded him and took him away.
Abdallah Abu Rahmah arrested by the Israeli military
What crime does Israel say he has committed?
Abdallah faced 4 charges. He was kept in prison for 8 months during the trial. On August 24th he was found not guilty of stone-throwing and possession of arms (the latter absurd charge brought by the military prosecution, was based on a collection of spent munitions fired at peaceful protesters by the Israeli army, and displaying by Abdallah to demonstrate the disproportionate violence used to disperse demonstrations in Bil’in.).
But he was convicted of organizing “illegal” demonstrations and of “incitement”.
Abdallah was convicted based only on the forced testimonies of minors who were arrested from their beds at the middle of the night and denied their right to legal counsel – not a single piece of material evidence was presented during the entire trial, despite the fact that the military film every demonstration.
The trial
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.
Abu Rahmah’s case was the first time the prosecution had used the organizing and participating in illegal demonstrations since the first Intifada. Military law defines illegal assembly in a much stricter way than Israeli law does, and in practice forbids any assembly of more than 10 people without receiving a permit from the military commander.
Diplomats from France, Malta, Germany, Spain and the UK, as well as a representative of the European Union were in attendance to observe the trial. The EU have criticized the conviction. The complete verdict of the Israeli military court can be read online. Click here to read it in Hebrew. It is currently being translated into English and will be available online soon.
Abdallah is likely to be sentenced in the next few weeks – he faces up to ten years in jail. The prosecution is expected to call for a jail term exceeding two years.
Abdallah’s outrageous conviction will be followed by a sentence in the coming weeks. The amount of pressure we will be able to generate in this time could influence Abdallah’s sentence, but will also make clear to Israeli authorities that the repression of the popular struggle does have a political price.
Please use the below template letters prepared by the Popular Struggle Coordination Committee to ask your Minister of Foreign Affairs to send an official inquiry to the Israeli government about Abdallah. Demand that your country apply pressure on Israeli officials to release Abdallah Abu Rahmah and stop targeting popular struggle.
Abdallah’s history of organizing
Abdallah has been a member of the Bil’in Popular Committee since its conception in 2004. As coordinator, Abu Rahmah not only regularly organized and attended the weekly Friday demonstrations but also did the media work for the Bil’in struggle.
Abdallah Abu Rahmah (right) with Ela Bhatt, Jimmy Carter, Desmond Tutu, Fernando H Cardoso, Mary Robinson and Gro Brundtland of the Elders during a visit to Bil'in in August 2009
Abdallah represented the village in engagements around the world to further Bil’in’s cause. He traveled to Montreal in June 2009 to participate in a speaking tour and for the village’s legal case against two Canadian companies building settlements on Bil’in’s land. In December 2008, he participated in a speaking tour in France and traveled to Germany to accept the the Carl von Ossietzky Medal for outstanding service in the realization of basic and human rights, awarded by the board of trustees of the International League for Human Rights on behalf of Bil’in.
In August 2009 he met with internationally renowned human rights defenders like Nobel Peace prize winner Desmond Tutu and former US President Jimmy Carter, as part of a visit by The Elders to Bil’in village.
Treatment in prison
A previous raid targeting Abu Rahmah, on 15th September 2009, was executed with such exceptional violence that a soldier was subsequently indicted for assault.
Abdallah has written that the Ofer prison consists of a collection of tents enclosed by razor wire and an electrical fence, with 22 prisoners in each tent. In winter, he says, wind and rain comes in through cracks in the tent and prisoners are not provided with sufficient blankets, clothes, or other basic necessities. They are also not given enough food, he states.
Abdallah was arrested in his slippers in the middle of the night on 10th December 2009, and wrote on 17th February 2010 that he had still not been provided with proper shoes, nor were his family given permission to supply him with shoes. After repeated requests, he writes, his watch was returned.
The Israeli authorities allow family visits extremely infrequently. The families of prisoners are viewed as security threats. For more on the treatment of prisoners see Adameer, Prisoners’ Support and Human Rights Association.
Abdallah Abu Rahmah
Abdallah’s words:
The afternoon before his arrest on 10th December 2009, Abdallah prepared a speech to be delivered on his behalf at the World Association for Human Rights awards ceremony in Berlin. In his speech, Abdallah wrote:
“Unlike Israel, we have no nuclear weapons, and no army, but we do not want or need those things, because of the justice of our cause, we have your support and with it we know that ultimately we will bring down Israel’s Apartheid Wall.”
“The price I and many others pay in freedom does not deter us. I wish that my two young daughters and baby son would not have to pay this price together with me. But for my son and daughters, for their future, we must continue our struggle for freedom…”
Also, read “A Letter from My Holding Cell”, written by Abdallah from Ofer Military Detention Camp and detailing the conditions in prison and stating:
“From the confines of my imprisonment it becomes so clear that our struggle is far bigger than justice for only Bil’in or even Palestine. We are engaged in an international fight against oppression. I know this to be true when I remember all of you from around the world who have joined the movement to stop the wall and settlements. Ordinary people enraged by the occupation have made our struggle their own, and joined us in solidarity. We will surely join together to struggle for justice in other places when Palestine is finally free.”
Bil’in’s struggle
Perhaps the greatest irony of Abdallah’s case is that he has been found guilty of organizing supposedly “illegal” protests against Israel’s separation wall which itself has been declared illegal by the International Court of Justice and even by Israel’s own High Court in the case of the route it takes through the village of Bil’in.
The West Bank village of Bil’in is located 12 kilometers west of Ramallah and 4 km east of the Green Line. It is an agricultural village, around 4,000 dunams (988 acres) in size, and populated by approximately 1,800 residents.
Starting in the early 1980’s, and more significantly in 1991, approximately 56% of Bil’in’s agricultural land was declared ‘State Land’ for the construction of the settlement bloc, Modi’in Illit.
In 2004, the International Court of Justice ruled that the Wall in its entirety is illegal under international law, particularly under International Humanitarian Law. The Court went on to rule that Israel’s settlements are illegal under the same laws, noting that the Wall’s route is intimately connected to the settlements adjacent to the Green Line, further annexing 16% of the West Bank to Israel.
Despite the advisory opinion, early in 2005, Israel began constructing the separation Wall on Bil’in’s land, cutting the village in half in order to place Modi’in Illit and its future growth on the “Israeli side” of the Wall.
Bilin organizes regular demonstrations against the occupation. Photo: HAMDI / RANI BRONATIn March 2005, Bil’in residents began to organize almost daily direct actions and demonstrations against the theft of their lands. Gaining the attention of the international community with their creativity and perseverance, Bil’in has become a symbol for popular resistance. Almost five years later, Bil’in continues to have weekly Friday protests.
Bil’in has held annual conferences on popular resistance since 2006, providing a forum for activists, intellectuals, and leaders to discuss strategies for the non-violent struggle against the Occupation.
Israeli forces have used sound and shock grenades, water cannons, rubber-coated steel bullets, tear gas grenades, tear gas canisters and 0.22 caliber live ammunition against protesters.
On 17 April 2009, Bassem Abu Rahma was shot with a high-velocity tear gas projectile in the chest by Israeli forces and subsequently died from his wounds at a Ramallah hospital.
Out of the 75 residents who have been arrested in connection to demonstrations against the Wall, 27 were arrested since the beginning of a night raid campaign on 23 June 2009. Israeli armed forces have been regularly invading homes and forcefully searching for demonstration participants, targeting the leaders of the Popular Committee Against the Wall and Settlements.
Persecuted for his key role in organizing the successful grassroots campaign against the wall and Jewish-only settlement on Bil’in’s land, Abdallah was convicted based only on the forced testimonies of minors who were arrested from their beds at the middle of the night. not a single material evidence was presented during the entire trial.
Last year, on the night of International Human Right Day, Thursday December 10th, at 2am, Abdallah Abu Rahmah was arrested from his home in the West Bank city of Ramallah. Seven military jeeps surrounded his house, and Israeli soldiers broke the door, took Abdallah from his bed and, after briefly allowing him to say goodbye to his wife Majida and their three children — seven year-old Luma, five year-old Lian and eight month-old baby Laith — they blindfolded him and took him into custody.
Abu Rahmah did not find himself behind bars because he is a dangerous man. Abdallah, who is amongst the leaders of the Palestinian village of Bil’in, is viewed as a threat for his work in the five-year unarmed struggle to save the village’s land from Israel’s wall and expanding settlements.
As a member of the Popular Committee and its coordinator since it was formed in 2004, Abdallah has represented the village of Bil’in around the world. In June 2009, he attended the village’s precedent-setting legal case in Montreal against two Canadian companies illegally building settlements on Bil’in’s land; in December of 2008, he participated in a speaking tour in France, and on 10 December 2008, exactly a year before his arrest, Abdallah received the Carl Von Ossietzky Medal for Outstanding Service in the Realization of Basic Human Rights, awarded by the International League for Human Rights in Berlin.
Last summer Abdallah was standing shoulder to shoulder with Nobel Peace laureates and internationally renowned human rights activists, discussing Bil’in’s grassroots campaign for justice when The Elders visited his village. This summer, he may be sent to years in prison, exactly for his involvement in this campaign.
Abdallah’s outrageous conviction today will be followed by a sentence in the coming weeks. The amount of pressure we will be able to generate in this time could influence Abdallah’s sentence, but will also make clear to Israeli authorities that the repression of the popular struggle does have a political price.
Please use the below template letters prepared by the Popular Struggle Coordination Committee to ask your Minister of Foreign Affairs to send an official inquiry to the Israeli government about Abdallah. Demand that your country apply pressure on Israeli officials to release Abdallah Abu Rahmah and stop targeting popular struggle.
