Tag: Arrests

Palestinians behind bars with no recourse to justice

Christoph Schult | Der Spiegel

23 October 2009

Hundreds of Palestinians are kept behind bars in Israel without charges having been filed and with no access to a fair trial. Not even their lawyers are allowed to look at the evidence. Some governments in the West have expressed their concern, but the Israelis haven’t budged.

The cell is only a few square meters in size and there are no windows. A mattress lies on the floor; a hole in the floor for prisoners’ needs, cynically called a “Turkish toilet” is next to it.

Mohammed Othman has been held in Kishon Detention Center in northern Israel for almost a month. But neither he nor his lawyer knows exactly what he is being accused of. Othman is locked up as an administrative detainee — called Maazar Minhali in Hebrew — and is one of around 335 Palestinians currently in the same position.

According to a report from the human rights organization B’Tselem, more than a third of such administrative detainees remain behind bars for longer than six months, a further third longer than a year. Eight percent stay locked up for at least two years. The Israeli army has confirmed the numbers, but emphasizes that they have been dropping in recent years.

Allegedly Incriminating Evidence

Nevertheless, the practice is problematic for a democracy such as Israel’s. Military judges decide if the detention will be prolonged — and for the most part they merely rubberstamp the motions filed by the military attorneys, who, for their part, received information from Shabak, Israel’s domestic intelligence agency. The allegedly incriminating evidence is not shared with the detainees or with their legal representation.

The material is secret and cannot be shared with the accused due to “security concerns,” an Israeli army spokesperson said. He acknowledged, however, that such military hearings “are without a doubt subject to error.” In other words, one cannot speak of a fair trial.

The Salem military court in the northern part of the West Bank has already extended Mohammed Othman’s detention three times. According to Israeli law, it is possible to imprison a Palestinian for 90 days without charge. And a judge in a military court of appeal can extend that period of detention for another 90 days.

The latest hearing in the Othman case was on Monday of this week. While Judge Eliahu Nimni did not give the intelligence agents the 23 days they had asked for to interrogate their prisoner, he did rule that the detention be extended by 10 days. After hearing Othman’s lawyer’s testimony, Judge Nimni said that these 10 days were necessary to clarify the “suspicions” against the Palestinian. Letting Othman go would be a security risk, he said.

Terrible Conditions

The organization Addameer arranged for Othman to have a lawyer represent him. The 33-year-old complained to his attorney about the terrible conditions in prison, and said he was interrogated for hours at a time. On one occasion, Oct. 15, he was grilled from 1:45 p.m. until 1:20 a.m. When Othman fell asleep on his chair out of exhaustion, his interrogators poured water over his head, he says.

Othman still doesn’t know what he is being accused of. He told his lawyer that he has not been confronted with any concrete dates, names or events. What do they have on him? SPIEGEL ONLINE tried to find out from the domestic intelligence agency. “We cannot fulfil your request,” came the written reply. A telephone enquiry to ask how this lack of transparency could be compatible with the rule of law met with the reply by a spokeswoman: “It is all going according to law and order. Trust us!”

A number of Western embassies have had similar experiences. Sweden, which currently holds the six-month rotating president of the European Union, wasn’t even able to obtain a reason for the arrest. Sweden and other countries filed a protest.

The Israeli army stated that administrative arrests target terror suspects. But in the Othman case, that is highly doubtful. He was arrested on Sept. 22 as he attempted to travel over the Allenby Bridge from Jordan into the West Bank. He was returning from a visit to Norway where, among others, he met with Norwegian Finance Minister Kristin Halvorsen.

‘Doesn’t Respect Peaceful Protests’

Several Western diplomats have vouched for his innocence. Othman is known for his strict policies of non-violence. In his hometown of Jayyous, he has organized protests against the construction of the security fence with which Israel is attempting to protect itself from terrorists. Othman and other activists have focused their protests against the route of the security fence, for which the Israelis have expropriated land that belongs to the Palestinians in Jayyous.

The fact that the Israelis have nabbed a supporter of non-violent protests has enraged some Western diplomats. “Many Palestinians are interpreting this as a sign that Israel doesn’t even respect peaceful protests,” a foreign observer said.

The government in Jerusalem has shrugged off the allegations. It isn’t even clear who has political responsibility for the policy of “administrative arrests.” After SPIEGEL ONLINE submitted questions to the Defense Ministry, it was referred to the prime minister’s office, which in turn told the reporter to ask the Justice Ministry, which then sent the reporter back to the Defense Ministry. In the end, the Defense Ministry provided no response.

Leftist gets month in jail for assault

Aviad Glickman | YNet News

21 October 2009

The Jerusalem Magistrate’s Court sentenced left-wing activist Ezra Nawi to one month in prison, after convicting him of assaulting police officers and rioting during the demolition of illegal structures near South Mount Hebron in July 2007.

Nawi was also ordered to pay a fine of NIS 750 (roughly $202), and an additional NIS 500 ($135) compensation to each officer he assaulted.

Judge Eilata Ziskind wrote in her ruling that “even if there is a supreme goal, it cannot be used as an excuse to commit offenses.” Nawi said in response that “the court has been permitting the occupation. The punishment doesn’t scare me, and neither does the judge.”

Ziskind’s verdict read, “Freedom of expression is not the freedom to incite and take actions that prevent or disrupt police work…Freedom of expression does not allow for riots, incitement or violence. Democracy cannot allow this, for if the law enforcement system collapses, anarchy will reign and democracy and freedom of expression will be no more.”

The judge added, “The fact that a person is acting in the name of one ideology or another, as justified as it may be, is no excuse to commit offenses in the name of that ideology, and in this matter there is no difference between left-wing activists, right-wing activists, religious, seculars, or other groups in conflict.”

After the sentencing Nawi told Ynet, “The judge would rather take the word of two Border Guard officers who lied and coordinated their testimonies. The entire system wants to see me in jail.

“The court has been permitting the occupation for years, they are trying to stop me at all costs. The judge doesn’t scare me, and neither does the 30-day sentence. This is testimonium paupertatis to the court, I tried to stop criminal activity, and I ended up having to pay two officers who acted brutally. This is the Israeli reality.”

Nawi, a leftist and member of the Ta’ayush organization, was arrested after he objected to the demolition of illegal structures and tin huts of Bedouin residents of Umm al-Kher and was convicted of inciting the residents of the area and causing riots.

In his verdict, the judge accepts the officer’s claims and ruled that Nawi hit one of them in the face.

The Yesha Human Rights Organization in response criticized the one-month prison sentence.

“One month in jail is like mocking the poor and emphasizes the selectivity of the law enforcement system in Judea and Samaria. (The system) allows Nawi to run wild, cooperate with Hamas members and hurt settlers, and remembers to enforce the law only when he hurts policemen,” the organization said in a statement.

Israeli forces step-up campaign against Jerusalemite leaders

Ma’an News

20 October 2009

Two Jerusalem leaders were harassed and interrogated by Israeli forces Tuesday, marking a steep increase in targeted detentions and raids of organizers involved in the Al-Aqsa Mosque sit-ins and demonstrations during the Jewish holidays earlier this month.

In the latest incident, Israeli police released senior Fatah official and Jerusalem affairs official Hatem Abdul Qader after detaining him for hours at the Allenby Bridge as he returned to Palestine from Jordan on Tuesday.

Abdul-Qader said authorities on the bridge handed him an order to submit to further interrogation by Israel’s intelligence unit at 12pm on Wednesday, an order he said he intended to refuse.

On Thursday Abdul Qader was taken from his car along with Islamic Movement leader Ali Sheikha. The two reported they had been taken by undercover Israeli agents at the Qalandiya military checkpoint between Jerusalem and Ramallah. He said officers disguised as motorists disabled his car and “kidnapped” the two officials. They were taken to Israel’s Russian Compound prison in West Jerusalem.

At that time he was also given an order to appear in front of Israeli intelligence at 10am the following Wednesday.

Abdul Qader called the latest detention “provocative,” since he was on a “semi-official” visit to Jordan in the capacity of a Palestinian Authority representative.

The official has been interrogated four times in the last two weeks, following the Palestinian protest of Israeli extremist action around the Al-Aqsa Mosque during the Jewish holidays earlier this month.


Israeli forces target home of Al-Quds Capital of Arab Culture organizer, seize documents

Prior to Abdul Qader’s detention and interrogation, Israeli Special Forces stormed the home of Al-Quds Capital of Culture organizer and architect Ihab Al-Jallad early Tuesday morning, sources reported.

Al-Jallad was questioned about the Al-Aqsa Mosque sit in that took place more than one week ago, while other masked soldiers ransacked his home and terrified his children, he said. The soldiers took three computers from the home, as well as digital memory devices, CDs and several paper files.

According to Al-Jallad, the Israeli officer questioning him said he and dozens of other Jerusalem leaders were being observed, that all activities in Jerusalem were being monitored – particularly those in the Al-Aqsa Mosque – and that no political or cultural activities would be permitted to go ahead without express permission from Israeli police.

“The officer even mocked our slogan, ‘Al-Aqsa in Danger,’” Al-Jallad said, referring to the campaign launched by Jerusalem religious and community leaders encouraging Palestinians to visit Jerusalem and particularly to pray at the Al-Aqsa Mosue in the Old City.

Earlier that morning Israeli forces raided a warehouse used by Jerusalem community groups and event organizers. According to Al-Jallah, Israeli forces vandalized material used for cultural events and seized some goods.

“Israeli forces cannot terrify our children and cannot prevent us from doing our duty for Jerusalem…We will continue our program and activities by God’s will,” Al-Jallal said.

This is the second time in as many months that Israeli forces have broken into Al-Jallad’s home.

Filling up Israel’s jails to no avail

Seth Freedman | The Guardian

20 October 2009

The plight of Palestinian activist Mohammad Othman has dominated the agendas of NGOs in the region ever since his detention in late September. However, while his case is at the forefront of their minds, Othman is just one of 11,000 Palestinian prisoners currently held in Israeli jails, 800 of whom are incarcerated under the terms of administrative detention – meaning that they are imprisoned indefinitely without any charges brought against them.

As things stand, Othman appears to be heading for the murky world of administrative detention, given the treatment handed out to him thus far by the military courts. Othman was arrested by soldiers at the Allenby Bridge crossing on 22 September as he tried to return home to the West Bank town of Jayyous following an advocacy trip to Norway. Despite a lack of evidence presented against him in court, judges in subsequent hearings have extended his remand, leading to his having spent almost a month in solitary confinement.

According to Addameer, a local prisoners’ support group, Othman’s captors will soon have to decide whether to issue an administrative detention order against him or release him without charge. However, given that today Othman found his remand extended by 11 days, it appears he’ll be kept in limbo.

Arresting Othman is a coup for the Israeli authorities, sending a strong message to his compatriots that dissent against the occupation will not be taken lightly. For years, Othman has been at the vanguard of the anti-wall campaign, an issue close to his heart given the devastation wreaked on his hometown by the erection of the barrier.

During his visit to Norway, he met the Norwegian finance minister Kristen Halvorsen, and their meeting was seen as pivotal in shaping the decision by Norway’s national pension fund to divest from Israeli electronics firm Elbit, whose products are used in the construction and maintenance of the illegal separation wall.

While Israeli officials claim that Othman is being held for belonging to an unnamed terrorist group, Othman’s supporters point out that it is too much of a coincidence that he was arrested just after his high-profile trip to Scandinavia. Furthermore, they say, he has been interrogated for up to 16 hours a day ever since being detained, and given Shin Bet’s notoriously tough methods of extracting information, if he had anything to hide it would have been long ago discovered by his jailers.

Othman’s nightmare is only the latest in a long line of suspiciously timed arrests by the Israeli authorities. According to Adalah, one of the principal NGOs campaigning for Othman’s release:

The villages of Jayyous and Bil’in have both been targeted with arrests and repression due to their multi-year nonviolent protest campaigns. Twenty-eight Bil’in activists have been arrested by Israel since June when Bil’in’s lawsuit against settlement construction on village land was heard in a Canadian court.
Just weeks after he testified in Canada, Bil’in activist Mohammed Khatib was jailed by Israeli forces for 15 days and then released on bail. Bil’in protester Adeeb Abu Rahme and 17 others are still being held in Israeli jails, and Bil’in protest organiser Abdullah Abu Rahme is ‘wanted’ by the Israeli army for his nonviolent organising.

However, instead of silencing the anti-occupation protests, Israel’s treatment of Othman, Khatib and Abu Rahme appears to be backfiring: demonstrations are taking place around the world on the campaigners’ behalf, along with well-organised publicity campaigns aimed at highlighting the dire situation for those trapped behind the separation wall.

Naomi Klein has taken up the cause as well, noting:

As we see with Mohammad Othman’s arrest, Palestinians are still treated as the enemy, even when they embrace this non-violent tactic. It is clear that for the supposedly democratic Israeli state, no tactic – no matter how peaceful – is an acceptable way for Palestinians to resist an illegal occupation.

Whatever happens in Othman’s case, the signs are clear that the Israeli authorities will continue to stifle legitimate protest at every opportunity, and the omens look bleak for any change to their repressive policies as long as the cabinet remains in place. Led by the hyper-defensive Benjamin Netanyahu and Avigdor Lieberman, Israeli officials give short shrift to anyone calling for boycotts or sanctions against the state, and individuals such as Othman are easy prey for those looking to make an example of anyone deemed an enemy of the state.

Daniel Seaman, director of Israel’s government press office, summed up the prevailing attitude when questioned about Othman’s arrest. Scoffing at the idea that Othman was detained for his pro-boycott activities, he went on to declare:

Boycotts are a joke … [They] are an old weapon used against Jews and the state of Israel for generations, so those invoking the boycott should not act so disingenuous as if they are doing this for some noble reason. It is as old as hatred for the Jews.
Israel has done everything for the peace process and taken risks for peace: relinquishing territory, giving up settlements. Instead of bringing us closer to peace it has resulted in more Israeli deaths. What have the Palestinians done to increase the prospects for peace? Palestinians have contributed nothing to the world except violence and terrorism.

Against such a caustic backdrop, it is clear that even once Othman is finally released, there will be plenty more like him filling up cells in Israeli jails. With senior Israeli spokesmen making such proclamations against the entire Palestinian people, there seems little room for manoeuvre for the activists fighting desperately for their nation’s freedom – and the prospects for peaceful resolution continue to diminish.

Israeli Soldier indicted for beating Palestinian grassroots leader Mohammed Khatib in Bil’in

Yesh Din

19 October 2009

On October 15, an indictment was filed against an Israeli soldier accused of beating up well-known nonviolent protester and secretary of Bil’in’s Regional Council Mohammed Khatib one month ago (September 15) during a night raid on the village. The organization Yesh Din filed a complaint and demanded that an investigation be launched immediately after the incident. The soldier was arrested on October 6th and remains in custody.

The alleged beating took place shortly after 1:30am on September 15th, when the Israeli military raided the Bil’in residence of Abedullah Abu Rahma, Coordinator of the Bil’in Popular Committee Against the Wall, in an attempt to arrest him. However, he was not home at the time. Soldiers sealed off the house while operating inside. When Mohammed Khatib came to the house and attempted to enter to check on Abu Rahme’s family, he was severely beaten. He was taken to a hospital in Ramallah for treatment and returned to the village later.

Attorney Michael Sfard, Yesh Din Legal Council: “The Israeli Military record in its treatment of Palestinina complainsts against soldier violence is unacceptable. While of course we are glad to see the soldier who beat up Mohammed beginning the process of being brought to justice, the indictment filed today is the exception. Yesh Din has filed several complaints regarding severe violence in Bil’in over the past few weeks and in NONE of them were the offenders made accountable for their behavior.”

Mohammed Khatib: “This indictment – against the soldier who beat me – clearly shows how the Israelli Military’s attempt to quash the village’s resistance has gone completely out of control, forcing even the military investigative police and military prosecution to intervene. A simple glance at the statistics of indictments should be enough for anyone to realize how rare such intervention is and how impenetrable impunity is in the Israeli army. The real problem, of course, is not an individual soldier, but rather the fact that the army employs military means to deal with civic, unarmed resistance, as if we were an armed enemy.”

Indictments of Israeli Soldiers:
According to Yesh Din’s report “Exceptions”, of the 1,246 investigation files opened by the MPCID (military police criminal investigations department) from the start of the Second Intifada in 2000 until the end of 2007, only 78 (6%) led to indictments against one or more soldiers. Of the thousands of Palestinian civilians killed, perpetrators were convicted in only 4 cases.

Bil’in arrests and night raids:
On June 23rd of this year, the Israeli Military began conducting regular nighttime incursions into Bil’in, evacuating homes and searching for participants in the Friday demonstrations, particularly the leaders of the Popular Committee Against the Wall and Settlements, as well as teenage boys accused of throwing stones at the wall. 28 residents of the village have been arrested over the past three months along with two internationals and one Israeli. Of the 28 residents arrested, 12 are minors (under the age of 16). Of the 28 arrested, 10 people have been released on bail, meaning that 18 are still held in custody, among them 10 minors. Of the 28, three members of the leadership have been arrested – Mohammed Khatib, Mohammed Abu Rahme (“Abu Nizar”) and Bassel Mansour. At least one other leader is wanted – Abedallah Abu Rahme – and the military has broken into his house several times over the past weeks in attempts to arrest him. The villagers and many of their Israeli supporters believe that these arrests are part of a targeted Israeli attempt to quash the years-strong non-violent Palestinian resistance movement, beginning with the village that has become its symbol.