Bil’in’s Abdallah Abu Rahmah cleared of stone-throwing; convicted of incitement

24 August 2010 | Popular Struggle

Picture credit: Oren Ziv/ActiveStills

Protest organizer Abdallah Abu Rhamah from Bil’in was convicted of incitement and organizing illegal demonstrations today, after an eight months long military trial, during which he was kept behind bars. He was acquitted of a stone-throwing charge and a vindictive arms-possession charge.

Abdallah Abu Rahmah’s verdict was read today in a packed military court room, concluding an eight months long politically motivated show-trial. 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. Many of his friends, supporters and family members showed up to send their support.

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.

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.

Abu Rahmah’s sentencing will take place next month, and the prosecution is expected to ask for a sentence exceeding two years.

Click here for the complete verdict (Hebrew, .pdf)

Background

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.

Criminalization of popular struggle continues; Abdallah Abu Rahmah sentenced

Popular Struggle

21 July 2010

Abdallah Abu Rahmah (right) with Ela Bhatt, Desmond Tutu, Jimmy Carter, Fernando H Cardoso, Mary Robinson and Gro Brundtland of the Elders during their visit to Bilin
Abdallah Abu Rahmah (right) with Ela Bhatt, Desmond Tutu, Jimmy Carter, Fernando H Cardoso, Mary Robinson and Gro Brundtland of the Elders during their visit to Bilin

Abdallah Abu Rahmah’s first trial from 2005 had reached conclusion yesterday, with his sentencing to two months of imprisonment and a six months suspended sentence for participating and organizing demonstrations and for walking the streets of his village during a curfew designed to prevent a demonstration. A verdict in Abu Rahmah’s main case for which he is already in jail since December is expected soon.

Bil’in Protest organizer Abdallah Abu Rahmah was sentenced to two months of imprisonment and to a six month suspended sentence, after a five year long trial on charges clearly related to freedom of speech.

Abu Rahmah was convicted of two counts of “activity against the public order”, simply for participating in demonstrations, in one count despite the fact that “No evidence of violence towards the security forces was provided”. Abu Rahmah was also convicted of “obstructing a soldier in the line of duty”, for shouting at a police officer and refusing to leave the scene of a demonstration, of “breaking curfew”, for being in the street in front of his house when the army declared curfew on Bil’in to suppress a demonstration, and of “incitement”, which under military law is defined as “The attempt, verbal or otherwise, to influence public opinion in the Area in a way that may disturb the public peace or public order”. Abu Rahmah was convicted of inciting others to “[…] continue advancing [to their lands during a demonstration in Bil’in], claiming that the land belongs to them.

Adv. Gaby Lasky, Abdallah Abu Rahmah’s lawyer said that “The military court threads a dangerous path of criminalizing legitimate protest in the West Bank. Abu Rahmah was arrested, prosecuted and sentenced with the clear intention of sending a message that the Palestinian struggle, even when of civic nature, will not be tolerated”.

Yesterday’s sentence joins a long line of recent military court decisions criminalizing Palestinian protest and effectively cracking down on the already limited Palestinian freedom of speech. The decisions are part of an Israeli campaign to suppress Palestinian grassroots resistance to the Occupation across the Occupied Territories.

One of the clearest examples of the legal persecution against protesters is that of Adeeb Abu Rahmah from Bil’in, who is still incarcerated, even after fully serving a ridiculously long 12 months sentence.

Mohammed Khatib of the Bil’in Popular Committee said that “In my village we learned that when we fight for our rights, when we expose what is being done to us, we can achieve victories, and indeed the path of the Wall is now being moved. Israeli is trying to intimidate us, to dissuade from fighting for our rights – but what other options do we have? Both the Wall and the settlements on our lands are built in contradiction of international law and even of Israeli law, but it is us that end up in jail”.

Letter from prison: Abdallah Abu Rahmah

21 February 2010

Abdallah Abu Rahmah at a demonstration in the village of Bilin in 2005. He was arrested an imprisoned on 10/12/2009 at 2AM.
Abdallah Abu Rahmah at a demonstration in the village of Bilin in 2005. He was arrested an imprisoned on 10/12/2009 at 2AM.

Dear Friends and Supporters,

It has been two months now since I was handcuffed, blindfolded and taken from my home. Today news has reached Ofer Military Prison that the apartheid wall on Bil’in’s land will finally be moved and construction has begun on the new route. This will return half of the land that was stolen from our village. For those of us in Ofer, imprisoned for our protest against the wall, this victory makes the suffering of being here easier to bear. After actively resisting the theft of our land by the Israeli apartheid wall and settlements every week for five years now, we long to be standing along side our brothers and sisters to mark this victory and the fifth anniversary of our struggle.

Ofer is an Israeli military base inside the occupied territories that serves as a prison and military court. The prison is a collection of tents enclosed by razor wire and an electrical fence, each unit containing four tents, 22 prisoners per tent. Now, in winter, wind and rain comes in through cracks in the tent and we don’t have sufficient blankets, clothes, and other basic necessities.

Food is a critical issue here in Ofer, there’s not enough. We survive by buying ingredients from the prison canteen that we prepare in our tent. We have one small hot plate, and this is also our only source of warmth. Those whose families can put money in an account for us to buy food, do so, but many cannot afford to. The positive aspect to this is that I have learned how to cook! Tonight I made falafel and sweets to celebrate the news about our victory. I cannot wait to get home and cook for my wife and children!

I was arrested in my slippers, and to this day my family has been unable to get permission to supply me with a pair of shoes. I was finally given my watch after repeated requests. For me this is an essential way to keep oriented; it was unbearable not being able to see the rate at which time passes. Receiving it, I felt so overjoyed, like a child getting his first watch. I can barely imagine what it will be like to have a pair of proper shoes again.

Because of our imprisonment, the military considers our families to be a security threat. It is very hard for our wives, children and extended family to visit. My friend, Adeeb Abu Rahmah, also a political prisoner from Bil’in, cannot receive visits from his wife and one of his daughters. Even his mother, a woman in her eighties who is currently in bad health, is considered a security threat! He is afraid that he will not see her before she dies.

I am a teacher and before my arrest I taught at a private school in Birzeit and also owned a chicken farm. My family had to sell the farm at a loss after I was arrested. I don’t know if I will have my position at the school when I am released.Adeeb ‘s family of nine is left without their sole provider, as are many other families. Not being able to care for our loved ones who need us is the hardest part of being here.

It is the support that I receive from my family and friends that helps me go on. I am grateful to the Palestinian leaders who have contacted my family, the diplomats from the European Union and to the Israeli activists who have expressed their support by attending my hearings. The relationship we have built together with the activists has gone beyond the definition of colleague or friend, we are brothers and sisters in this struggle. You are an unrelenting source of inspiration and solidarity. You have stood with us during demonstrations and court hearings, and during our happiest and most painful occasions. Being in prison has shown me how many true friends I have, I am so grateful to all of you.

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.

Missing the five-year anniversary of our struggle in Bil’in will be like missing the birthday of one of my children. Lately I think a lot about my friend Bassem whose life was taken during a nonviolent demonstration last year and how much I miss him. Despite the pain of this loss, and the yearning I feel to be with my family and friends at home, I think that if this is the price we must pay for our freedom, then it is worth it, and we would be willing to pay much more.

Yours,
Abdallah Abu Rahmah
From the Ofer Military Detention Camp

CNN: West Bank wall still triggers weekly protests in village

CNN

12 February 2010

Tear gas, stun grenades, rubber bullets and rocks: It must be Friday afternoon in the West Bank village of Bil’in.

It’s billed as a nonviolent protest against what Israel calls its security barrier, what the Palestinians call the apartheid separation wall.

The barrier separates the villagers from their farmlands. Protesters come from all over the world to support the Palestinian cause.

A few Palestinian youths covering their faces with scarves throw stones at a couple dozen Israeli soldiers in full riot gear and armed with tear gas, stun grenades and bullets.

The protest soon degenerates into chaos as it has nearly every week for the past five years. Six protesters have been killed in Bil’in and the neighboring village of Na’alin since July 2008, according to the Palestinian group, Popular Struggle, one of several organizers of the weekly protests. Several hundred have been injured by tear gas canisters and Israeli bullets. One hundred Israeli soldiers have been injured from stone throwing, according to the Israeli military.

The organizers say they have little control over the youths who prefer to throw stones at the rallies. They insist that non-violence is the best weapon they have to fight against Israel’s wall and occupation.

Israel has increased its nighttime raids into the West Bank in recent months, arresting those it believes have acted violently or those who are suspected of organizing the protests.

“They cannot be above the law, and that’s what we’re dealing with,” Israel Defense Forces spokesman, Peter Lerner said, referring to the protest organizers.

Critics say Israel is simply arresting those who oppose its policies towards the Palestinians. Mohamed Othman, one of the organizers of Stop the Wall campaign, was detained in September upon his return from Norway where he was lobbying the government for support.

He said he was held for four months — three in solitary confinement — then released without charge. Israel does not comment on these cases.

“We can see that Israel is starting to be afraid of the popular resistance because it’s coming from inside the people and the people decide,” Othman said.

Israel has arrested at least 150 protesters from the two villages’ demonstrations over the past two years, according to Popular Struggle. More than 30 are still locked up, the organization said. The Israeli military told CNN it was checking those figures.

One coordinator of the Bil’in Popular Committee Against the Wall, Abdallah Abu Rahmah, also a teacher, was arrested in December. One of the charges against him was arms possession for collecting tear gas canisters used by the Israeli military against demonstrators and showcasing them.

The anti-wall demonstrators say this is a grass-roots movement. The Israeli military accuses those it has arrested of incitement.

The IDF denies it has changed its tactics in dealing with the anti-wall protesters, even though the number being arrested has risen sharply. The IDF on the ground now considers Bil’in a closed military zone on Fridays.

CNN was refused access by Israeli military forces stationed outside the village, who said only those who lived in the neighborhood could enter. But IDF spokesman Peter Lerner said the closure was meant only for protesters.

A few hours later, in Bil’in, the Israeli soldiers withdrew from the village under cover of tear gas. Some Palestinian youths followed them with stones, while the vast majority of nonviolent protesters head home.

Same time, same place, next Friday.

Despite increased repression, a victory

For Immediate Release:

Legal challenges are an important battle field in non-violent resistance because often the occupation is forced to change their policies when these are held up to scrutiny. Court cases such as the one below as can determine whether or not Israeli occupation forces continue to use a particular oppressive tactic. But legal work is also quite expensive. The ISM is asking its supporters to throw fund-raising events to raise money to support the work of the ISM’s solidarity with the Palestinian movement against apartheid. You can donate by check, or online (via Paypal) see https://palsolidarity.org/donate for details.

On Monday, February 8, 2010, the Israeli Supreme Court ordered the release on bail of the two activists who were arrested on Sunday during a pre-dawn raid on the Ramallah media office of the International Solidarity Movement. Ariadna Jove Marti, a Spanish journalist, and Bridgette Chappell, an Australian student at Beir Zeit university have now been banned from the Occupied Palestinian Territories.

During the hearing for Ariadna and Bridget, the State Prosecutor admitted that it was illegal for the Immigration Police to receive custody of the two in the Occupied Palestinian Territories, where it has no legal authority. The illegality of the detention of Marti and Chappell by the Immigration Police is now undisputed.

According to Marti and Chappell, they were questioned primarily about their overstayed visas. The Army, however, alleges that their arrests were security driven, despite the fact that the State Prosecutor could provide no evidence to support this claim. The judges have ordered the state to file depositions, if any exist, implicating the two as security threats for a review of the legality of their detention.

In response to the accusation that she is a “security risk, Chappell said, “Our ‘weapons’ were not like the ones the Israeli soldiers waved about wildly after barging into our apartment, they were our cameras. These let the world see the violence that the occupiers visit upon the Palestinians and they were quite dangerous to Israel’s institutionalized domination.”

“I hope that our presence makes the ongoing ethnic cleansing of Palestine that much more difficult. In light of the illegal raid that led to our incarceration, it seems that the ‘security’ of the Israeli army means that their injustices are securely hidden from the world,” said Marti.

The Oslo Accords between Israel and the PLO clearly forbid any Israeli incursion into Area A, which includes the major Palestinian cities in the West Bank, for reasons not directly and urgently related to security, even in “hot pursuit.” In practice however the Israeli military continues to exercise full control on the entire West Bank and Gaza Strip. The overall legality of the raid (under Israeli law) remains contested and should be reviewed by the Supreme Court in the continuation of the court case. In the mean time the court has ordered the release of the two on a NIS 3,000 bail each, and on the condition that they will not enter the Occupied Territories pending final decision in the case.

The latest raids are part of a recent crackdown on the growing non-violent Palestinian movement of resistance to Israeli apartheid. Leaders of the popular Palestinian struggle are being taken from their homes in night military raids. Abdullah Abu Rahme coordinator of the Bil’in popular committee, Wa’el Faqueeh the coordinator of the Nablus popular committee, and Ibrahim Amiraa coordinator of the Naalin popular committee, all arrested from their homes, remain incarcerated. In addition dozens of Palestinian activists who have participated in the demonstrations are in prison.

Mohammed Khatib, coordinator of the Popular Struggle Coordination Committee said, “The popular struggle is spreading. More and more Palestinians are turning to nonviolent resistance, the boycott, divestment, and sanctions movement is growing here and internationally and Israeli war criminals are being challenged by courts around the world. These night raids show that Israel has panicked, deluding itself that by arresting Palestinian and international activists it can stop the movement and hide its crimes from the world.” Khatib was also arrested recently in a military raid at his home, and is now free on bail.

The raids are continuing. On Monday, February 8, 2010,Israeli soldiers raided the Ramallah offices of Stop the Wall and the Peoples Party stole computers, media equipment and documents from the office. Jamal Juma, the coordinator of Stop the Wall, a Palestinian campaign at the forefront of the global movement for boycott, divestment and sanctions against Israeli apartheid, and Mohammad Othman, a Stop the Wall activist, were recently released with no charges after being imprisoned by Israeli forces.

Israel is also targeting the International Solidarity Movement (ISM), arresting ISM activists working in support of the popular campaign against the wall. Over the last ten months, the “Oz” immigration unit illegally arrested and attempted to deport four other international activists. Eva Nováková, a Czech national and ISM media coordinator, was arrested in Ramallah on January 11, 2010, and deported the next day, before the deportation could be appealed. She too was arrested by the Immigration Police. Nováková’s lawyer is currently in the process of preparing an appeal to the Israeli Supreme Court to challenge the legality of her arrest.