Violence at Kufr Qaddum demonstration

Demonstration in Kufr Qaddum (photo by ISM)
Demonstration in Kufr Qaddum (photo by ISM)

A hundred or more Kufr Qaddum villagers, accompanied by international and Israeli solidarity activists, participated in a regular protest after the prayer this Friday.

Several hours before the demo started, the village youth blockaded part of the main village road and monitored the movement of the Israeli army, who frequently positions themselves, amongst the village houses and on the surrounding hills, prior to the start of the protest

Their aim is to snatch the protesters. They fire rubber coated steel bullets and tear gas at them from close range and take pictures of the demonstrators, to use them as evidence in the occupying military courts.

When we arrived, just before the noon, there were lines of rocks placed by the villagers on the road just before where the road closure starts. The Israeli Army was in full force on the other side, with the bulldozer and Army vehicles visible from where we were.

Demonstrators in Kufr Qaddum (photo by ISM)
Demonstrators in Kufr Qaddum (photo by ISM)

What usually happens is that the Army showers the protestors with the tear gas and rubber coated steel bullets and then the bulldozer moves in, removing the lines of rocks, followed by the vehicle blasting a foul smelling ‘skunk water’ at the demonstrators and the surrounding houses.

This time the routine changed, as the army bulldozer broke down and the Israeli Army could not make an incursion into the village. Instead, they showered the protesters with wave after wave of tear gas, while the village youth threw stones at them and at their vehicles while burning tires.

Kufr Qaddum demonstration (photo by ISM)
Kufr Qaddum demonstration (photo by ISM)

The main village road was closed in 2002 to facilitate the needs of the illegal Kedumim settlement, which has been built around the road connecting Kufr Qaddum to the nearest West Bank city of Nablus, located 9 kilometres to the east.

The closure is one of the many examples of the disruption of Palestinian daily life to accommodate the needs of the illegal settler colonizers and the occupying army. It separates the villagers from their land and made Nablus reachable only via a massive detour, which increased a travel time from 15 minutes to up to 40 minutes, tripling the price of travel.

Kufr Qaddum Friday protests which started in 2011, have become known for extreme brutality of the Israeli army response, with scores of people being injured in recent times by the rubber coated steel bullets and the tear gas canisters fired at the bodies of demonstrators. We witnessed this ourselves on Friday, inspite of this practice contravening the guidelines of the occupying Army itself.

Army shower protesters with tear gas (photo by ISM)
Army fires tear gas at protesters(photo by ISM)

In addition in recent months, dozens of Kufr Qaddum villagers have been arrested for participating in the protests, including children as young as 10.

As we travelled back to Nablus form the demo, we had to go through two Israeli checkpoints, which were not there when we travelled to Kufr Qaddum. Long lines of Palestinian cars were made to wait, inching slowly in the afternoon heat towards where the Army blocked the road, to have their ID checked. On the second checkpoint, three soldiers were checking the IDs referring to a sheet of paper one of them held, likely with the names of the persons they were looking for. The fourth soldier was standing on the top of the nearby hill with his machine gun pointed at the line of cars and his finger uncomfortably near to the trigger.

 

Complaint submitted to the United Nations concerning the military detention of Palestinian human rights defender under Israel’s repressive protest law

3rd July 2014 | Addameer Prisoner Support and Human Rights Association | Kufr Qaddum, Occupied Palestine

Lawyers for Palestinian Human Rights (LPHR) and Addameer Prisoner Support and Human Rights Association (Addameer) submitted a joint complaint today to the United Nations Special Rapporteur on the situation of Human Rights Defenders (UNSR) concerning the arrest and continued pre-trial Israeli military detention of the Palestinian human rights defender, Mr Murad Shtaiwi (also spelt Eshtewi), who has been charged under Israel’s repressive protest law.

Mr Shtaiwi is a prominent Palestinian human rights defender through his work as the primary co-ordinator of the popular committee which organises peaceful protests in Kufr Qaddum. These weekly protests take place to demand the reopening of the main road connecting the village to the city of Nablus, and to express the residents’ opposition to the Israeli military occupation and the detrimental expansion of the nearby illegal Israeli settlement of Qedumim.

Mr Shtaiwi was arrested by Israeli military authorities on 29 April 2014 and has since been held in pre-trial Israeli military detention. He will stand trial on Sunday 6 July 2014 at Salem Military Court on three charges: participating in and organising unauthorised demonstrations (Israel’s Military Order No. 101); causing a public disturbance; and throwing stones at Israeli military authorities.

LPHR and Addameer are seriously concerned that Mr Shtaiwi has been charged under Israel’s Military Order No. 101 for exercising his right to protest under international human rights law. The order has been in force in the occupied West Bank since 1967 and places extremely severe restrictions on the right of Palestinians to participate in or to organize demonstrations. A person who violates the order is liable to 10 years’ imprisonment, a fine, or both penalties together.

LPHR and Addameer are also seriously concerned that Mr Shtaiwi has been charged with stone-throwing given his express commitment to peaceful protest. We call upon the evidence substantiating the charge of stone throwing to be subjected to rigorous examination and testing as part of the military trial due process, in line with Israel’s duty under international law to protect Mr Shtaiwi’s right to a fair trial.

Mr Shtaiwi’s peaceful work to promote, protect and realise human rights and fundamental freedoms means that he is entitled to the human rights protections outlined in the United Nations Declaration on Human Rights Defenders.

LPHR and Addameer have therefore requested in their complaint that the UNSR undertake an urgent examination into Mr Shtaiwi’s case and take appropriate action through urgent contact with the government of Israel to end the incidents of human rights violations against Mr Shtaiwi.

LPHR and Addameer have further requested that the UNSR considers undertaking an investigation into the disturbing pattern of harassment, arrests and detention of residents of the occupied West Bank Palestinian village of Kufr Qaddum by Israeli military authorities in apparent retaliation for the commencement of peaceful protest activities since 2011.

LPHR Director, Tareq Shrourou says

‘Murad Shtaiwi’s case is significant because it highlights the stark discrepancy between international law guarantees of the freedom to peacefully protest and the extremely restrictive Israeli Military Order No. 101 which operates to effectively prohibit and criminalise this basic right in the occupied West Bank.

We are deeply concerned that Mr Shtaiwi is being unjustly punished by Israel’s military authorities through use of this repressive protest law because of his prominent role as a human rights defender involved in persistent peaceful protests against Israel’s illegal activities affecting the Palestinian community in Kufr Qaddum.’

Contact information: 

Tareq Shrourou, LPHR, London | contact@lphr.org.uk

Gavan Kelly, Addameer, Ramallah | gavan@addameer.ps

About Lawyers for Palestinian Human Rights (LPHR)

LPHR is a lawyer-based legal charity in the United Kingdom that works on legal projects aimed at protecting and advancing Palestinian human rights.

About Addameer Prisoner Support and Human Rights Association (Addameer)

Addameer is a Palestinian non-governmental, civil institution that works to support Palestinian political prisoners held in Israeli and Palestinian prisons.

More Information

Background information on the current arrest and detention of Mr Murad Shtaiw

On the night of 28 to 29 of April 2014, the Israeli military authorities raided different houses in the village of Kufr Qaddum to arrest five people: Mr Murad Shtaiwi and four young men, Reslan Joma, Ream Harham, Mustafa Shtaiwi and Ahmad Hassan Shtaiwi.

Mr Shtaiwi was held in Huwara military camp. The Israel Security Agency (ISA) only interrogated him briefly immediately before he was presented to a military court at Ofer camp near Ramallah on 2 May 2014.

Mr Shtaiwi was charged with the following three offences (he was presented with the final charge sheet on 12 May 2014):

i) Military Order 101 (participate in or organise demonstrations)

Between 2011 and February 2014, at different opportunities, including 21 February 2014 and 20 December 2014 or around those dates, in Kufr Qaddum or in other areas, Mr Shtaiwi participated in unauthorized demonstrations. He also organized some of the demonstrations. He used a bullhorn to call on people to join the demonstration.

ii)Activities against Public Order

From the beginning of February 2014 until 21 February 2014, or around those dates, on three different occasions, Mr Shtaiwi was with Riyad Shtaiwi, and they burned tires.

iii)Throwing stones on a person or moving object

On 21 February 2014, or around this date, in Kufr Qaddum, or around it, Mr Shtaiwi was in a demonstration with other people that were in the first accusation, and he threw stones at the Security Forces.

On 12 May 2014, Mr Shtaiwi was informed by Salem Military Court that he would remain in remand until the next court hearing date of Monday 9 June 2014. A petition by his lawyer against the remand order was heard by the military court of appeals on 18 May 2014 and rejected on 22 May 2014.

On 18 June 2014, Mr Shtaiwi’s detention was extended and his trial date was listed for Sunday 6 July 2014 at Salem Military Court.

Mr Shtaiwi faces a maximum sentence of 10 years imprisonment should he be found guilty of the first charge of violating Military Order 101 regarding the participation and organisation of demonstrations.

Previous alleged violation incidents by Israeli military authorities against Mr Murad Shtaiwi

LPHR and Addameer are able to specifically report on at least four previous alleged human rights violation incidents by Israeli military authorities against Mr Murad Shtaiwi.

Mr Shtaiwi was arrested on 16 March 2012, after an Israeli security forces dog attacked his nephew Ahmad Shtaiwi during a demonstration. A video shows him asking soldiers to help his nephew and order the dog to stop attacking him. Israeli military authorities sprayed him in the face with pepper spray and arrested him. Mr Shtaiwi was released after paying bail of around US$1,500, and was not charged.

Mr Shtaiwi was assaulted and arrested again on 20 December 2013 during a demonstration in Kufr Qaddum, and released four days later after paying bail of around US$1,500. He was not questioned during this detention and was not charged.

Mr Shtaiwi has been injured a number of times by Israeli military authorities using excessive force. On one occasion, on 6 September 2013, a tear gas canister hit him directly in the leg during a demonstration, and he was treated in hospital for a broken leg.

On 20 February 2014, Mr Shtaiwi was arrested, detained and interrogated for 6 hours and 30 minutes. In a meeting with Addameer just hours after this incident, Mr Shtaiwi gave his account of this incident which included this comment:

Two soldiers interrogated me and the soldiers were very specifically targeting me as a human rights defender. The soldiers lectured me for a long time, saying that I “can stop the demonstrations,” and that I am “influential in Kufr Qaddum.”

Mr Shtaiwi further stated that this arrest was not an isolated incident against him and other protesters; and that he appeared to be specifically targeted because of his role as a human rights defender:

I face regular intimidation at checkpoints because of my organizing activities. During a previous encounter with the Israeli forces, at which time occupation soldiers attacked my home with teargas and ransacked all of the belongings, one officer that went by the name “Sabri” told me “you must stop the demonstrations” and threatened me with arrest.

 

Israeli army arrests a further two people from Kafr Qaddum

23rd May 2014 | International Solidarity Movement, Nablus Team| Occupied Palestine

During the night of the 23rd of May, approximately at 02:00AM, the Israeli army raided several houses in the town of Kafr Qaddum and arrested two people. Ryad Mohamad Eshtewi (40) and Fadi Baseem Jomah (27), both of whom are Palestinian police officers.

Another two villagers were threatened during the same night raid. The Israeli army, numbering up to 50 soldiers, stormed into their houses, but the villagers were not there at the time. In one of the houses, according to a witness, the Israeli army left bullets underneath a bed “to send a message”. The other villager who was not at his house during the raid found a police order.

Ryad was sleeping at one of his brothers’ house when he was arrested at 02:00AM. Israeli soldiers forced Ryad back to his house, where they broke into his home and threw a stun grenade inside, searching Ryad’s property. Ryad asked the soldiers why they were being violent if he was already arrested, but no reply was given. No personal items were stolen nor any reasons given for his arrest.

On the morning of the 23rd of May, Ryad’s family received a call from an Israeli captain informing them that he was being held at the Israeli military base of Huwwara. The whereabouts of Fadi are still unknown since his family have not yet received any calls from the Israeli authorities.

According to a villager, this month there have been up to 30 arrests in Kafr Qaddum although 15 of them have been released on bails. These bails, however, could reach as much as 9,000 NIS (over 1,800 euros). Some of these arrests have already been documented, among them is also Murad Eshtewi who is the media coordinator for the weekly demonstrations in Kafr Qaddum. Murad was arrested along with another four youths from the village on the 29th of April. Three of them have recently been released but Murad and Reslan remain under custody almost one month after their arrest.

14 more arrested as Israeli army intensifies arrest campaign in Kafr Qaddum

13th May 2014 | International Solidarity Movement, Nablus Team | Kafr Qaddum, Occupied Palestine

Update 13th May:

The eight youths arrested and held following the night raid in Kafr Qaddum have court on the 15th May, at Salem Court, near Jenin.

*****

14 people were arrested in Kafr Qaddum during a night raid on the 11th to 12th of May, six of them were released the same morning.

At around 12:30AM, the Israeli army arrived at Kafr Qaddum with approximately 35 jeeps and about 100 soldiers, they entered houses to arrest people, while harassing the residents.

During the night raid, some of the villagers tried to prevent the arbitrary arrests. The Israeli army responded by shooting tear gas canisters and stun grenades, consequently clashes erupted between the invading Israeli forces and youths from the village.

Witnesses reported that the Israeli soldiers walked behind the detainees, using them as human-shields.

The army raided 15 homes, some of which were damaged. Among the raided homes were the mayor of Kafr Qaddum’s house and the house of a member of the Union Council. The latter claims to have been thoroughly beaten and two of his sons were arrested. At around 1:30AM the army entered in the mayor’s house. He recalled that the Israeli army identified him and wanted information about the weekly demonstrations in village. He added, “It’s simply not nice to come here at this time and disturb my children that are sleeping. They can come to the Council Union meeting any time they want, because they are an occupation force.”

At around 2:00AM, the Israeli army stormed into Kamel Ibrahim Barra Wahlid’s house, a member of the Union Council. As he recalls, while the army tried to arrest his two sons, he resisted the army’s intrusion in his house and was then beaten throughout his body and on the head. The Israeli army finally arrested two of his children: Sami Mofid Kamel Barham, 21 years old, a student that would have had his last exam in these days, and Wasim Kamel Ibrahim Barra, 19 years old, released the same morning he was arrested. Wasim was hit in the head by a tear gas canister a year and a half ago. It was shot from a distance of 15 meters, and had caused him serious brain damage and as a consequence he lost his speech ability.

The raid ended at around 3:30AM with the detention of 14 people, 6 of them were released the same morning while the other 8 are currently under Israeli custody in Huwwara’s military base.  According to local sources, the arrests are targeted at people that usually participate at the weekly demonstrations, in order to intimidate villagers. As a witness concluded:  “Everything is done to stop our demonstration, but the army will never succeed in stopping us”.

The youths that are still under custody are:

Sami Mofid Kamel Barham
Abdel Latif Atomi Hamdan
Harb Mashoor Jomma
Odai Samir Barham
Raed Tayzir Barham
Jafar Khaled Jomma
Anas Waled Barham
Misaab Dawod Ehstawi

Tyre barricade in Kafr Qaddum, 12th May 2014, after the arrests. Photo by Al Masira Kufr Qaddum
Tyre barricade in Kafr Qaddum, 12th May 2014, after the arrests. Photo by Al Masira Kufr Qaddum

UPDATED: Murad Eshtewi, and four Palestinian youths from Kafr Qaddum, still under custody after court hearing

12th May 2014 | International Solidarity Movement, Nablus Team | Kafr Qaddum, Occupied Palestine

Second Update Tuesday 13th May:

Murad Eshtwei’s next court day is Sunday 18th May at Ofer prison. Ream Harham, Mustafa Eshtewi, and Ahmad Hassan Eshtewi have a court date tomorrow in Ofer court at 14:30. Reslan Joma will have his court date next week.

Update Tuesday 13th of May:

On Monday 12th of May there was a court hearing for Murad, Reslan, Ream, Mustafa and Ahmad. Murad is still in remand (pre-trial detention) until the next court hearing. Murad’s attorney will appeal the decision, but if rejected the next court hearing should be on the 9th of June.

The remaining four residents of Kafr Qaddum have been technically released on bail. The court demanded a bail of 10,000NIS for each one (over 2,000 euros). However, the Israeli state has appealed this decision and therefore they are still under custody. Their attorney will appeal against the bail.

*****

On the night of the 28th to 29th of April 2014, the Israeli army raided the village of Kafr Qaddum to arrest five people, among them Murad Eshtewi, the media coordinator of the weekly Friday demonstration in Kafr Qaddum. The four other young man who where arrested are Reslan Joma, Ream Harham, Mustafa Eshtewi and Ahmad Hassan Eshtewi.

At this time, all five are still imprisoned by Israeli forces in Meggido prison. This prison is located north of the West Bank and thereby contradicting Article 76 of the Fourth Geneva Convention which states that “Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein”.

Murad is being charged with stone throwing and organizing the demonstration, while the remaining four youths are also charged with stone throwing.

Witnesses from the village state that the Israeli army, numbering approximately 100 soldiers, raided the different houses at approximately 02.30AM. Murad was arrested at his house, however the Israeli army used unconventional methods to arrest him. The soldiers climbed into Murad’s bedroom window using ladders, and took him out of the window. Although no tear gas or stun grenades were used during the arrests, the other four houses that were raided in Kafr Qaddum suffered serious property damage.

According to Murad’s attorney, two youths from Kafr Qaddum were arrested 12 weeks ago. They were held in custody and interrogated for a month and forced to give out names of people participating in the weekly Friday demonstration in their village. The lawyer suspects that Murad Eshtewi and the four youths arrested during the night raid were on the list.

Murad Eshtewi was ambushed and arrested by Israeli forces on December 2013, but he was released on bail four days later. His attorney at the time stated that: “Contrary to the fundamental principles of due process we have not been presented with the accusations against Murad nor has he been interrogated since his arrest.”

Currently, Murad and the other villagers from Kafr Qaddum have been in custody for 12 days. During this period, they have had two court hearings in which their sentences were postponed, allegedly to collect more evidence.

The weekly Friday demonstrations in Kafr Qaddum started in 2011 to reopen the road to Nablus and against the illegal Israeli settlement of Qedumim. The Israeli army responded with systematic arrests. In some cases, the detainees would be under custody for one or two days and then released on bail. According to the former mayor of Kafr Qaddum, this has had an important economic impact: approximately 250,000 shekels (almost 52,000 euros) have been paid by local villagers to release their detainees. As of today, there are 155 villagers from Kafr Qaddum detained in Israeli prisons out of a total population of approximately 4,500.

From a Friday demonstration in Kafr Qaddum (photo by ISM).
From a Friday demonstration in Kafr Qaddum (photo by ISM).