Tag: Bil’in

IDF still using banned weapon against civilian protestors

Chaim Levinson | Ha’aretz

19 September 2010

The Israel Defense Forces continues using the Ruger 10/22 rifle to disperse protests even though it has been prohibited by the military advocate general, a hearing at a military court revealed last week. A brigade’s former operations officer told the court he wasn’t even aware of the prohibition.

Last Wednesday, the Judea Military Court convened for the sentencing hearing of protest organizer Abdullah Abu-Rahma from Bil’in, convicted last month of incitement and organizing illegal demonstrations. The state submitted an expert opinion by Maj. Igor Moiseev, who served as the Binyamin Brigade’s operations officer for two years.

The opinion details the cost of ammunition fired in Bil’in and Nial’in from August 2008 to December 2009; it notes that the army used Ruger bullets that cost a total of NIS 1.3 million. Moiseev described the Ruger as a nonlethal weapon.

When Abu-Rahma’s attorney Gabi Laski inquired if Moiseev knew that the military advocate general had ruled that Ruger rifles are not to be used to disperse protests because they are potentially lethal, Moiseev said he was not aware of such an instruction. The state objected to the question.

In 2001, the military advocate general at the time, Maj. Gen. (res. ) Menachem Finkelstein, prohibited the use of Ruger bullets as nonlethal ammunition.

Nevertheless, the IDF reverted to using the Ruger against protesters in 2009, killing a teenager in Hebron in February and a protester in Nial’in in June. Human rights group B’Tselem asked the military advocate general to make clear that the weapon was not meant for crowd control.

In July, Brig. Gen. Avichai Mendelblit wrote that “the Ruger is not defined by the IDF as a means for riot control. The rules for using these means in Judea and Samaria are strict and parallel to the rules of engagement for live fire. If the media or organizations were told anything else regarding the definition, this was an error or misunderstanding.”

He wrote that “recently, the rules were stressed once again to the relevant operations officers in Central Command. The command in fact expects to hold a review headed by a senior commander, examining the lessons drawn from using such means in recent months.”

The IDF Spokesman’s Office said in a statement yesterday that rules for firing 0.22 ammunition are part of the general rules of engagement, “and as such are classified and naturally cannot be elaborated on. In general, it can be noted that the rules applying to 0.22 ammunition are strict and are parallel, in general, to rules applying to ordinary live ammunition.

“The operations officer’s testimony was given at a sentencing hearing of someone convicted of incitement and organizing and participating in violent riots in the village of Bil’in. The quote used is partial and does not reflect all comments by the officer on the means used by the IDF to disperse such riots. The IDF takes care to act in accordance with the rules of engagement.”

Military Prosecution Demands More Than Two Years Imprisonment for Bil’in’s Abdallah Abu Rahmah

16 September 2010 | Popular Struggle Coordination Committee

Abdallah Abu Rhamah at court yesterday. Picture credit: Oren Ziv/Active Stills*

The sentencing phase in the trial of Abdallah Abu Rahmah, the coordinator of the Bil’in Popular Committee Against the Wall and Settlements, began yesterday at the Ofer Military Court. Abu Rahmah was convicted of organizing illegal marches and of incitement last month, but cleared of the violence charges he was indicted for – stone-throwing and a vindictive arms-possession charge for collecting used tear-gas projectiles and displaying them.

The prosecution demanded Abu Rahmah will be sent to prison for a period exceeding two years, saying that as an organizer, a harsh sentence is required to serve as a deterrence not only for Abu Rahmah himself, but to others who may follow in his footsteps as well. This statement by the prosecution affirms the political motivation behind the indictment, and the concern raised by EU foreign policy chief, Catherine Ashton, that “the possible imprisonment of Mr Abu Rahma is intended to prevent him and other Palestinians from exercising their legitimate right to protest against the existence of the separation barriers in a non violent manner.”

Another argument made by the prosecution in their demand of a harsh sentence, were the repercussions and expenses caused to the army by anti-Wall demonstrations. These which were presented in detail in a report by what the prosecution called an “expert witness”, who, in fact, is the Army’s Binyamin Brigade’s operations officer, Major Igor Mussayev.

The document includes many factual errors, such as mentioning seven Palestinian fatalities in Bil’in and Ni’ilin demonstrations, while in fact there were only six. In a ridiculous attempt to show that the military has no superiority over demonstrators, the “expert opinion” also claims that the effective range of rubber-coated bullets or 0.22″-caliber live ammunition is significantly lower than that of a slingshot. The report, in fact, claims that the effective range of a rubber-coated bullet is 50 meters – the minimal range of use according to army open fire regulations.

During the hearing, Major Mussayev claimed that all the weapons mentioned in the document are non-lethal crowd control measures. When asked specifically about the 0.22″ caliber bullets, which were explicitly classified as live ammunition by the military’s Judge Advocate General and banned for crowd control use, he replied that they too are crowd control measures. Such a reply from the officer in charge of operations in the brigade that deals with most West Bank demonstrations points to the army’s policy of negligent use of arms in the attempt to quash the Palestinian popular struggle.

The highly biased document presented to the court also detailed the expenses on ammunition shot at demonstrators (almost 6.5 million NIS between August 2008 to December 2009). It also mentioned the costs of erecting a concrete wall in Ni’ilin in order to prevent damage to the barrier (8.5 million NIS), but failed to mention the costs of rerouting the Wall in Bil’in due to the original path’s illegality, or the fact that even now, three years after the Supreme Court decision to reroute the Wall, it is still standing on its original path.

The hearing, which lasted more than three hours, saw a court-room packed with diplomats, representatives of international and Israeli human rights organizations, as well as friends and family members.

For the hearing’s protocol (in Hebrew) see here.

Bil’in’s Abdallah Abu Rahmah’s trial to enter sentencing phase on Wednesday

13 September 2010 | Popular Struggle

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

Demonstrations against the illegal wall on the first day of Eid ul-Fitr

12 September 2010 | ISM Media

The weekend of 10-11th September saw the start of Eid ul-Fitr, which ends the fasting observed during the holy month of Ramadan in the Muslim religion. Three villages around Ramallah – Bil’in, Ni’lin and An Nabi Saleh – held protests on Friday 10th September despite it being the first day of Eid.

Bil’in

This week’s demonstration against the illegal separation wall and its route through the village was yet again met with violence from the Israeli military. Despite it being the first day of Eid ul-Fitr, approximately 30 Palestinians, and 20 to 25 Israeli and International activists took part in the protest.

The demonstrations have been taking place on a weekly basis since March 2005, and consistently creative themes have drawn international attention to the village and to Palestinian non-violent resistance. This week’s theme drew attention to the multitude of unfounded arrests of Palestinians involved in the popular struggle against Israeli occupation. It focused on Abdallah Abu Rahmah’s case but called for the release of all those incarcerated as a consequence of their involvement in the resistance movement.

Regardless of the non-violent nature of the demonstration, soldiers fired tear gas directly at protestors for several hours. Many suffered from severe tear gas inhalation but none received serious injuries and no arrests were made.

The wall began being built through the village in 2005, was completed in 2007, and remains despite the 2004 International Court of Justice declaration of its illegality and even Israel’s High Court ruling in favour of the Bil’in villagers in 2007. The protests contest the building of the separation wall and its theft of 230 hectares of Bil’in’s land.


Ni’lin

About 12 Palestinans were supported by around ten Israeli and international activists on Friday in a march towards the Apartheid wall that cuts the village off from much of its land.

Flying the flag in Bil'in - Photo: Iyas Abu Rahma

Despite the fact that the beginning of the Eid ul-Fitr holiday had meant fewer protestors joined in the march, spirits were high and the determination of the people of Ni’lin was as strong as always. The group was met by a handful of soldiers on the opposite side of the wall, where one of the Palestinian leaders of the demonstration was able to confront the soldiers, speaking to them in Hebrew. The demonstrators were told that the area was a closed military zone, but no documentation was produced to prove this statement. After about 20 minutes and a few more threats of dispersal, the demonstrators chose to turn back to the village. The soldiers could be seen preparing tear gas to use on the group, but none was fired.

The people of Ni’lin village continued their struggle this Friday – despite the advanced stage of Ramadan – and have been doing through weekly protests since May 2008. In attempting to crush and deter peaceful protests against the wall Israeli soldiers have killed 20 Palestinians since Februrary 2004 including 5 from Ni’lin village, where an American solidarity activist was also critically injured. The illegal settlement of Mod’in Illit is one of the biggest in the area and is in the process of expanding and constantly attempting to annex Palestinian land to this end.


An Nabi Saleh

This week, the area had not been declared a closed military zone, and jeeps were not blocking the main entrance road to the village. The demo started around 20 minutes late, with a group of just under 20 Palestinians (as always including many children) and around 15 internationals.

Once the group arrived, the soldiers moved from their position in front of the gate at the edge of the village to standing behind it. They tried a few times to get the leader of the protest to leave, but he stood his ground, as children banged rocks on the metal gate and adults clapped along to the rhythm. After a few minutes at the gate, it was announced that it was traditional for the village to organise trips to those families who had members in prison, so the crowd turned round and headed back into the village.

Children waving Palestine flags in An Nabi Saleh

Today and every Friday since January 2010, un-armed demonstrators leave the village center in an attempt to reach a spring which borders land confiscated by Israeli settlers. The District Coordination Office has confirmed the spring is on Palestinian land, but nearly a kilometer before reaching the spring, the demonstration is routinely met with dozens of soldiers armed with M16 assault rifles, tear gas, rubber-coated steel bullets and percussion grenades.

The demonstrations protest Israel’s apartheid, which has manifested itself in An Nabi Saleh through land confiscation. The illegal Halamish (Neve Zuf) settlement, located opposite An Nabi Saleh, has illegally seized nearly of half of the village’s valuable agricultural land.

Spanish Parliament condemns Abdallah Abu Rahmah’s conviction

8 September 2010 | Popular Struggle

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

The Intergroup’s is the latest international reaction to the politically motivated conviction of Abdallah Abu Rahmah by an Israeli military court. It was preceded by a statement by EU foreign policy chief, Baroness Catherine Ashton and by a statement by Desmond Tutu, on behalf of the Elders calling on Israel to overturn the conviction.

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.


UPDATE, 10 Sept 2010:
Following a statement by Amnesty International, another prominent human rights group, Human Rights Watch have also condemned Abdallah’ conviction.