ISM activists to face first hearing, Supreme Court rules arrests illegal

19 March 2010

International Solidarity Movement

For immediate release:

The Israeli Supreme Court handed down its verdict last week regarding the arrest of International Solidarity Movement activists Bridget Chappell and Ariadna Jove Marti from Ramallah on February 7. The decision ruled that the arrests were illegal, but refrained from further comment on which Israeli department was responsible. Chappell and Marti’s first hearing in the Tel Aviv District Court regarding their deportation orders will take place at 3pm this coming Monday, March 22. The illegality of their arrests will be pursued in this case.

A panel of three judges’ decision issued last week declared that the arrest of Australian and Spanish nationals Chappell and Marti in Area A of the Palestinian Authority (under full Palestinian civilian and military control under the 1994 Oslo Accords) was illegal, but did not specify whether it was the military’s invasion of the ISM’s media office in Ramallah or the activists’ subsequent transferral to Oz Immigration Unit custody at Ofer military camp (still in the Occupied Territories, where immigration police hold no jurisdiction) was the condemnable issue. The judges stated that the case, opened on February 8, which saw the release of Chappell and Marti on bail, had now been exhausted in the Supreme Court and all remaining issues were to be pursued in Tel Aviv’s District Court.

Chappell and Marti’s lawyers Omer Shatz and Iftah Cohen filed an appeal in the District Court against the deportation orders that still apply to the activists, who are currently permitted to remain in Israeli until the end of legal proceedings.

“We will continue to press the issue of their arrest in the District Court, as we feel it was not sufficiently resolved in the Supreme Court case,” said Omer Shatz. “In addition to the appeal against the deportation orders and the bail conditions of their release, in the hopes that they can return to the West Bank.”

The activists were ordered to pay 3000NIS each for their release, in addition to the condition that they may not return to the West Bank thereafter. The condition, though not uncommon, highlights severe ironies in the Israeli authorities’ and court’s handling of the case in their removal from the Palestinian Authority to Israel, on charges of outstaying their Israeli visas and the subsequent order to remain in a country for which they hold no visa. The Palestinian Authority, under the Oslo Accords, has the jurisdiction to issue visas and handle issues of immigration within its own territory, but so far has never exercised this authority.

The first hearing of Chappell and Marti’s case in Tel Aviv’s District Court will be heard on March 22 at 3pm. The original date set for April was moved forward at the request of the prosecution, indicating a desire on the state’s part to remove the activists from the country as quickly as possible, considering the media attention they have gained since their release and the re-commencement of their solidarity work on the Israeli side of the Apartheid Wall. When asked if the activists may face deportation after this hearing, Shatz commented that “it’s unlikely, but there is a small chance the case may be thrown out after this hearing and Chappell and Marti’s deportation orders will be applicable to them immediately thereafter. It’s obvious that the state is keen to have them out of the country. We have the success of the Supreme Court verdict on our side, however.”

The activists regard the Supreme Court verdict as a victory and an important, if symbolic, step in the fight against Israel’s violation of national and international laws in its attempts to silence or remove those active against the occupation. “We must demonstrate to Israel that we will resist the crackdown on the popular resistance, and that we cannot be taken down so easily,” says Chappell. “On the ground, we have continued our work with Palestinian communities in East Jerusalem such as Sheikh Jarrah and Silwan. I’m steadfast in my resolution to remain here as long as I can, for the political ramifications of our case and to continue my role as an international activist in Palestine’s popular struggle.”

A force of 20 armed Israeli soldiers invaded the ISM’s Ramallah office on February 7 in a night raid operation, arresting Chappell and Marti, who were then subjected to interrogation and detention in Givon deportation prison. Almost one month before, ISM media co-ordinator Eva Novakova was kidnapped from her Ramallah apartment in a similar raid and deported to the Czech Republic. Novakova’s lawyers have since successfully obtained a verdict from the Israeli courts that this operation was illegal. Israeli attempts to deport foreigners involved with Palestinian solidarity work are part of a recent campaign to end Palestinian grassroots demonstrations, which involves mass arrests of Palestinian protesters and organizers.

Those wishing to attend Chappell and Marti’s trial on Monday March 22 should be present at the Tel Aviv District Court before 3pm.

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.

Israel admits detention of international activists illegal

International Solidarity Movement

8 February 2010

A state prosecutor admitted before the Supreme Court today that the Immigration Police illegally detained the two international activists arrested yesterday in a pre-dawn raid on the International Solidarity Movement’s Ramallah offices. The two will be released on bail.

Earlier today, 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. During the hearing, the State Prosecutor admitted that it was illegal for the Immigration Police to receive custody of the two in the Occupied Territories, where it has no legal authority.

While the illegality of the detention of the two, Ariadna Jove Marti, a Spanish journalist, and Bridgette Chappell, an Australian student in the Beir Zeit university, by the Immigration Police is now undisputed, the overall legality of the raid remains contested.

According to Marti and Chappell, they have been 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 notion.

The Oslo Accords between Israel and the Palestinian Authority clearly forbid any Israeli incursion into Area A for reasons not directly and urgently related to security, even in “hot pursuit”. A raid on Area A on the ground of expired visas is therefore in direct violation of the accords.

The court had 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 judges had also ordered the state to file depositions, if any exist, implicating the two as security threats for a review of the legality of their detention.

Israeli attempts to deport foreigners involved with Palestinian solidarity work are part of a recent campaign to end Palestinian grassroots demonstrations, which involves mass arrests of Palestinian protesters and organizers. 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 former ISM media coordinator, was arrested in Ramallah on January 11th, 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.

Additionally, American solidarity activist, Ryan Olander, was twice arrested illegally by the “Oz” Immigration unit, but his deportation was prevented after a judge ruled his detention illegal. Similar appeals to the court have also annulled the deportations of other American and British activists in recent months.

Deported international activist appeals against her illegal arrest

For immediate release

7 February 2010

Eva Nováková (right) with the Hannoun family evicted from their house in Sheikh Jarrah
Eva Nováková (right) with the Hannoun family evicted from their house in Sheikh Jarrah

The lawyer of Eva Nováková, the former International Solidarity Movement (ISM) media coordinator, who was taken from her apartment in Ramallah on 11 January 2010 and subsequently deported, filed an appeal to the Supreme Court of Justice today to challenge the legality of her arrest.

The official reason given by the Israeli authorities was that Eva Nováková overstayed her visa. However, her lawyer argues that by invading Ramallah the Oz unit, which is a part of the Israeli Ministry of the Interior, acted against the law as they do not have jurisdiction over areas with full Palestinian civilian control.

“The ministry of the interior was acting outside of the sovereign territory of Israel” said Omer Schatz, the lawyer of Eva Nováková following her arrest. Today, he added that: “In the petition we filed today we argue that the unlawful kidnapping and deportation of Nováková is part of the campaign that Israeli authorities are waging against the non violent struggle against the occupation. The campaign systematically violates every rule of due process, and includes arbitrary detentions of Palestinian peace activists and illegal deportations of foreign activists, as demonstrated lately in unlawful night raids in Bilin and Ramallah.”

The appeal was filed only hours after another two international activists were illegally arrested during a night raid in Ramallah. At three in the morning, the Israeli army forcefully entered an apartment in the Area A, city of Ramallah, and arrested two activists from the ISM on suspicion of overstaying their visas. The two, Ariadna Jove Marti, a Spanish journalist, and Bridgette Chappell, an Australian student in the Beir Zeit university, were then taken to the Ofer military prison located inside the Occupied Territories, where they were handed over to the Israeli immigration police unit “Oz”.

Similarly to the case of Eva Nováková, the raid and detention of the two is in direct violation of the Oslo Accords between Israel and the Palestinian Authority, which clearly forbids any Israeli incursion into Area A for reasons not directly and urgently related to security.

Background information

Miss Nováková, who lived in Ramallah, Area A under full Palestinian control, was taken when 20 soldiers accompanied by immigration officers from the Oz unit invaded her apartment at 3am, on Sunday 11 January. She was taken for interrogation at Hulon and later transferred to the Givon prison in Ramle. After two hours, however, she was taken to the airport detention facility, where her phone was confiscated and she was prevented from contacting her lawyer. Despite the efforts of the lawyer to temporarily freeze the deportation, she was put on the plane at 5.30am the next day and deported to Prague, Czech Republic.

The attempts of the Israeli authorities to deport foreigners involved with Palestinian solidarity work are part of a recent campaign to end Palestinian grassroots demonstrations. The Oz immigration unit illegally arrested and attempted to deport further five international activists over the last ten months, while around ten leading Palestinian organizers have been arrested, including Jamal Juma’, Abdallah Abu Rahmah, Adeeb Abu Rahmah, Wael al-Faqeeh and Mohammed Khatib. In addition, dozens of demonstration participants have been arrested from Bil’in, Ni’lin and Jayyous.

The illegal practices of the Oz unit came to attention in the case of Ryan Olander, an American citizen, who was arrested in Sheikh Jarrah neighbourhood of East Jerusalem and later released without conditions, only to be literally kidnapped by members of Oz from outside the court building. Mr Olander spent one month at the Givon prison in Ramle awaiting the decision on his deportation. On 18 January 2010, the Tel Aviv District Court judge ordered to freeze Ryan’s deportation and ruled his arrest was illegal.

Despite this, the Oz unit continues to target international activists across the West Bank. In addition to today’s arrests, they have been involved in a night raid on the village of Bil’in on 28 January. A video of the invasion, during which a leading non-violent activist, Mohammad Khatib was arrested, is available on YouTube:

Israeli forces arrest two foreigners in West Bank

Reuters

7 February 2010

Palestinian government spokesman Ghassan Khatib said the arrest of Spaniard Ariadna Jove Marti and Australian Bridgette Chappell in the city of Ramallah violated interim peace accords that gave Palestinians self-rule in parts of the West Bank.

An Israeli army spokesman said the two women “were known to have been involved in illegal riots that interfered with Israeli security operations,” apparently in reference to the protests against the barrier.

Both in their 20s, the women were activists with the pro-Palestinian International Solidarity Movement (ISM), established in 2001 to mobilize international support for Palestinian activism against Israeli occupation.

“They were arrested in Ramallah on the grounds of staying in Israel illegally,” the military spokesman said, in apparent reference to tourist visas they received on entering Israel, which controls access to the occupied West Bank.

Palestinian Prime Minister Salam Fayyad last week urged Israel to end incursions in West Bank areas which according to arrangements established under the Oslo peace process fall under full Palestinian control.

Ryan Olander, an ISM activist who shared an apartment with the two women, said around 12 members of the Israeli security forces had arrested the pair in the early hours of the morning.

Palestinian and international activists say Israel, apparently concerned about plans for wider demonstrations, has stepped up a campaign of arrests against protest organizers in the last two months.

The Israeli authorities deported a leading ISM activist last month, the organization said. Eva Novakova, from the Czech Republic, had also been arrested in Ramallah.

Protesters stage weekly demonstrations in various Palestinian villages against Israel’s construction of West Bank walls and fences that have denied them access to their land.

Israel says the barrier, which the World Court has deemed illegal over its construction in occupied land, has stopped suicide bombers in the past and can be removed in the future if the security situation improves.