17 October 2012 | International Solidarity Movement, West Bank
Majd and Abdelateef’s family, waiting for the brothers to appear.
On Monday 15th October, Palestinian political prisoners Majd and Abdulateef Obeid appeared before a military court for a third time. Their lawyer argued that, as four international activists arrested at the same time with the same evidence had previously been freed, Majd and Abdelateef should be released also.
In advance of the hearing, the Obeid family and their lawyer had been optimistic that Abdelateef would be freed, as he has no previous convictions, and there are legal precedents for challenging the detention of Palestinians where international activists on the same charges have been freed. Majd, as he had a previous conviction under similar charges, was expected at worst to receive a light sentence.
However, the military judge said that “Majd and Abdelateef are not the same as you” – referring to the two international activists present in the court. It was therefore ruled that Majd and Abdelateef’s detention would continue, pending a further hearing at an unconfirmed date in Ofer military court.
The outcome now looks bleaker than previously expected, as it appears that the military court has rejected the argument that Palestinian prisoners should be treated the same as international prisoners. This reflects the apartheid nature of the Israeli system of ‘justice’.
Sign a petition demanding freedom for Majd and Abdelateef here.
Majd and Abdelateef Obeid’s case was due to be heard in court today, October 11th. However, Israeli military treatment of Palestinian lawyers at Salem court today led to strike action. Lawyers were protesting about being subjected to full searches when entering the military compound – Israeli lawyers also joined the strike in solidarity with their Palestinian colleagues.
Majd and Abdelateef arrived into the courtroom in handcuffs and leg shackles, wearing the same clothes that they were detained in three weeks ago. Their hearing went ahead without a lawyer present and they were informed that their detention would be extended until their next hearing date, which will be Monday 15th October.
International activists were initially prevented from entering the court, despite having prior permission. This is a typical tactic of the Israeli army to avoid international observation of the Israeli military justice system.
Please sign our petition highlighting the disparity of treatment between the international activists who were arrested and Majd and Abdelateef. The petition signatures will be presented to the judge at Monday’s hearing.
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Original article published 3 October 2012:
In advance of their hearing in military court tomorrow, Majd and Abdelateef Obeid’s mother Sahra Fayez Obeid has recounted to ISM the events of their arrest on the 21st September in the village of Kufr Qaddoum.
Neither Majd or Abdelateef attended the demonstration – they were both in their family home, which happens to be on the route of the demonstration. Abdelateef was eating lunch with his family, while Majd was asleep in the bedroom, when three Israeli Occupation Force soldiers attempted to enter the house with force. They pushed Sahra to the ground, forcing their way into the house. There were also a number of soldiers surrounding the property. Ignoring the pleas of the family to leave, they stated “we want the young men, not you”.
Finding Majd and Abdelateef, the soldiers grabbed them by the neck and marched them to an army jeep on the road outside. Both men were arrested in shorts, t-shirts and flip-flops. When the family followed the soldiers to the jeep, they were threatened and ordered back to their home at gunpoint. Faruq Obeid, the men’s father was told that if he did not leave, the soldiers would create an excuse to arrest him as well and keep him in jail.
The Obeid family have also been threatened that their home is classed as a Closed Military Zone during the weekly Friday demonstration in Kufr Qaddoum, and that male members of the family are at risk of arrest if they remain at home.
Majd and Abdelateef attended a five-minute military court hearing on the 30th of September, at which point their detention was extended and they were charged with endangering the lives of soldiers, throwing stones and with preventing the army from carrying out their military operations. Six soldiers testified against the two men, but the military presented no photographic evidence to back up their claims.
They await a second court hearing on the 4th of October, at which point their detention is likely to be extended once more, still without a conviction.
Majd, who is 20 years old, is a farmer and sweet-maker – as the olive harvest begins in Kufr Qaddoum, his absence will be felt greatly. Abdelateef is a 23 years old mechanic and was married just one week before his arrest – his new wife Maysam Nasek Obeid will attend the court hearing on 4th October, along with their mother Sahra and other family members.
Four international activists who were detained and arrested at the same time as Majd and Abdelateef were released unconditionally on the 30th September, following 48 hours in prison and 7 days under house arrest. They were detained under the exact same charges and “evidence”.
A three-tier justice system is applied by Israel in the territories that it occupies – favouring Israeli citizens first, international citizens second, whilst Palestinians face the harshest sentences, contrary to international human rights law and the Geneva Convention. The tactics of the Israeli military seem aimed at quashing resistance to the Israeli occupation in Kufr Qaddoum.
26 March 2012 | International Solidarity Movement, West Bank
Neither the attack dog or the dogs of the Israeli court system could keep Ahmed’s spirits down. He held his head up high as he walked into the court room, even while shackled by his feet and hands. His court hearing was rescheduled for a week from now.
On Sunday, the Israeli courts will determine if Ahmed will be released or given a prison sentence. On March 17th Ahmed was the victim of Israel attack dogs as he peacefully demonstrated against the Israeli occupation and its implications on the village, which is located near Nablus. Kufr Qaddoum’s main road has been blocked off by Israeli military for the sake of a nearby illegal settlement. The Israeli apartheid regime is trying to charge Ahmed with “participating in an illegal protest” and “throwing rocks at soldiers.”‘
Ahmed’s uncle, Murad, also was ordered to appear in court on Sunday. But it seems to be an intimidation tactic as Murad appeared and was told to “go home.” An Israeli activist present in support of Kufr Qaddoum residents does not believe this will be the last time Murad is harassed by the Israeli courts.
Sunday, the public will know if Ahmed will be set “free.” Regardless of the outcome, Ahmed will not gain his freedom until Palestine is no longer occupied. Until Palestinians see the end to illegal military Israeli occupation, Ahmed still will not be able to walk down the main road in his hometown. As a result of the apartheid system, Kufr Qaddoum and many other Palestinian towns will continue to protest for their freedom.
Amal is a volunteer with International Solidarity Movement (name has been changed).
Tamimi, who has been held in custody for over two months, pleaded not guilty to the charges against him and held a defiant speech explaining his motivation for organizing civil resistance to the Occupation. See his full statement below.
After more than two months in custody, the trial of Bassem Tamimi, a 44 year-old protest organizer from the West Bank village of Nabi Saleh, finally commenced yesterday. Tamimi, who is the coordinator for the Nabi Saleh popular committee, pleaded not guilty to the charges laid against him.
In a defiant speech handed before a crowded courtroom, Tamimi proudly owned up to organizing the protest in the village saying, “I organized these peaceful demonstrations to defend our land and our people.” Tamimi also challenged the legitimacy of the very system which trys him, saying that “Despite claiming to be the only democracy in the Middle East you are trying me under military laws […] that are enacted by authorities which I haven’t elected and do not represent me.” (See Tamimi’s full statement at court bellow).
Tamimi was interrupted by the judge who warned him that it was not a political trial, and that such statements were out of place in a courtroom. Tamimi was cut short and not allowed to deliver his full statement.
After Tamimi finished reading his shortened statement, the judge announced that the hearing’s protocol has been erroneously deleted. However he refused to submit the full written statement to the stenographer. She went on to dictate a short summary in her own words for official record.
Media contact: Jonathan Pollak +972-54-632-7736
The indictment against Tamimi is based on questionable and coerced confessions of youth from the village. He is charged with’ incitement’, ‘organizing and participating in unauthorized processions’,’ solicitation to stone-throwing’, ‘failure to attend legal summons’, and a scandalous charge of ‘disruption of legal proceedings’, for allegedly giving youth advice on how to act during police interrogation in the event that they are arrested.
The transcript of Tamimi’s police interrogation further demonstrates the police and Military Prosecution’s political motivation and disregard for the suspect’s rights. During his questioning, Tamimi was accused by his interrogator of “consulting lawyers and foreigners to prepare for his interrogation”, an act that is in no way in breach of the law.
Tamimi’s full statement:
Your Honor,
I hold this speech out of belief in peace, justice, freedom, the right to live in dignity, and out of respect for free thought in the absence of Just Laws.
Every time I am called to appear before your courts, I become nervous and afraid. Eighteen years ago, my sister was killed by in a courtroom such as this, by a staff member. In my lifetime, I have been nine times imprisoned for an overall of almost 3 years, though I was never charged or convicted. During my imprisonment, I was paralyzed as a result of torture by your investigators. My wife was detained, my children were wounded, my land was stolen by settlers, and now my house is slated for demolition.
I was born at the same time as the Occupation and have been living under its inherent inhumanity, inequality, racism and lack of freedom ever since. Yet, despite all this, my belief in human values and the need for peace in this land have never been shaken. Suffering and oppression did not fill my heart with hatred for anyone, nor did they kindle feelings of revenge. To the contrary, they reinforced my belief in peace and national standing as an adequate response to the inhumanity of Occupation.
International law guarantees the right of occupied people to resist Occupation. In practicing my right, I have called for and organized peaceful popular demonstrations against the Occupation, settler attacks and the theft of more than half of the land of my village, Nabi Saleh, where the graves of my ancestors have lain since time immemorial.
I organized these peaceful demonstrations in order to defend our land and our people. I do not know if my actions violate your Occupation laws. As far as I am concerned, these laws do not apply to me and are devoid of meaning. Having been enacted by Occupation authorities, I reject them and cannot recognize their validity.
Despite claiming to be the only democracy in the Middle East you are trying me under military laws which lack any legitimacy; laws that are enacted by authorities that I have not elected and do not represent me. I am accused of organizing peaceful civil demonstrations that have no military aspects and are legal under international law.
We have the right to express our rejection of Occupation in all of its forms; to defend our freedom and dignity as a people and to seek justice and peace in our land in order to protect our children and secure their future.
The civil nature of our actions is the light that will overcome the darkness of the Occupation, bringing a dawn of freedom that will warm the cold wrists in chains, sweep despair from the soul and end decades of oppression.
These actions are what will expose the true face of the Occupation, where soldiers point their guns at a woman walking to her fields or at checkpoints; at a child who wants to drink from the sweet water of his ancestors’ fabled spring; against an old man who wants to sit in the shade of an olive tree, once mother to him, now burnt by settlers.
We have exhausted all possible actions to stop attacks by settlers, who refuse to adhere to your courts’ decisions, which time and again have confirmed that we are the owners of the land, ordering the removal of the fence erected by them.
Each time we tried to approach our land, implementing these decisions, we were attacked by settlers, who prevented us from reaching it as if it were their own.
Our demonstrations are in protest of injustice. We work hand in hand with Israeli and international activists who believe, like us, that had it not been for the Occupation, we could all live in peace on this land. I do not know which laws are upheld by generals who are inhibited by fear and insecurity, nor do I know their thoughts on the civil resistance of women, children and old men who carry hope and olive branches. But I know what justice and reason are. Land theft and tree-burning is unjust. Violent repression of our demonstrations and protests and your detention camps are not evidence of the illegality of our actions. It is unfair to be tryed under a law forced upon us. I know that I have rights and my actions are just.
The military prosecutor accuses me of inciting the protesters to throw stones at the soldiers. This is not true. What incites protesters to throw stones is the sound of bullets, the Occupation’s bulldozers as they destroy the land, the smell of teargas and the smoke coming from burnt houses. I did not incite anyone to throw stones, but I am not responsible for the security of your soldiers who invade my village and attack my people with all the weapons of death and the equipment of terror.
These demonstrations that I organize have had a positive influence over my beliefs; they allowed me to see people from the other side who believe in peace and share my struggle for freedom. Those freedom fighters have rid their conscious from the Occupation and put their hands in ours in peaceful demonstrations against our common enemy, the Occupation. They have become friends, sisters and brothers. We fight together for a better future for our children and theirs.
If released by the judge will I be convinced thereby that justice still prevails in your courts? Regardless of how just or unjust this ruling will be, and despite all your racist and inhumane practices and Occupation, we will continue to believe in peace, justice and human values. We will still raise our children to love; love the land and the people without discrimination of race, religion or ethnicity; embodying thus the message of the Messenger of Peace, Jesus Christ, who urged us to “love our enemy.” With love and justice, we make peace and build the future.
Background
Bassem Tamimi is a veteran Palestinian grassroots activist from the West Bank village of Nabi Saleh, north of Ramallah. He is married to Nariman Tamimi, with whom he fathers four children – Wa’ed (14), Ahed (10), Mohammed (8) and Salam (5).
As a veteran activist, Tamimi has been arrested by the Israeli army 11 times to date and has spent roughly three years in Israeli jails, though he was never convicted of any offence. He spent roughly three years in administrative detention, with no charges brought against him. Furthermore, his attorney and he were denied access to “secret evidence” brought against him.
In 1993, Tamimi was falsely arrested on suspicion of having murdered an Israeli settler in Beit El – an allegation of which he was cleared entirely. During his weeks-long interrogation, he was severely tortured by the Israeli Shin Bet in order to draw a coerced confession from him. During his interrogation, and as a result of the torture he underwent, Tamimi collapsed and had to be evacuated to a hospital, where he laid unconscious for seven days.
As one of the organizers of the Nabi Saleh protests and coordinator of the village’s popular committee, Tamimi has been the target of harsh treatment by the Israeli army. Since demonstrations began in the village, his house has been raided and ransacked numerous times, his wife was twice arrested and two of his sons were injured; Wa’ed, 14, was hospitalized for five days when a rubber-coated bullet penetrated his leg and Mohammed, 8, was injured by a tear-gas projectile that was shot directly at him and hit him in the shoulder. Shortly after demonstrations in the village began, the Israeli Civil Administration served ten demolition orders to structures located in Area C, Tamimi’s house was one of them, despite the fact that it was built in 1965.
Legal background
On the March 24th, 2011, a massive contingent of Israeli Soldiers raided the Tamimi home at around noon, only minutes after he entered the house to prepare for a meeting with a European diplomat. He was arrested and subsequently charged.
The main evidence in Tamimi’s case is the testimony of 14 year-old Islam Dar Ayyoub, also from Nabi Saleh, who was taken from his bed at gunpoint on the night of January 23rd. In his interrogation the morning after his arrest, Islam alleged that Bassem and Naji Tamimi organized groups of youth into “brigades”, charged with different responsibilities during the demonstrations: some were allegedly in charge of stone-throwing, others of blocking roads, etc.
During a trial-within-a-trial procedure in Islam’s trial, motioning for his testimony to be ruled inadmissible, it was proven that his interrogation was fundamentally flawed and violated the rights set forth in the Israeli Youth Law in the following ways:
Despite being a minor, he was questioned in the morning following his arrest, having been denied sleep.
He was denied legal counsel, although his lawyer appeared at the police station requesting to see him.
He was denied his right to have a parent present during his questioning.
He was not informed of his right to remain silent, and was even told by his interrogators that he is “expected to tell the truth”.< ?li>
Only one of four interrogators present was a qualified youth interrogator.
While the trial-within-a-trial procedure has not yet reached conclusion, the evidence already revealed has brought a Military Court of Appeals to revise its remand decision and order Islam’s release to house arrest.
Over the past two months, the army has arrested 24 of Nabi Saleh’s residents on protest related suspicions. Half of those arrested are minors, the youngest of whom is merely eleven.
Ever since the beginning of the village’s struggle against settler takeover of their lands in December of 2009, the army has conducted 71 protest related arrests. As the entire village numbers just over 500 residents, the number constitutes approximately 10% of its population.
Tamimi’s arrest corresponds to the systematic arrest of civil protest leaders all around the West Bank, as in the case of the villages Bil’in and Ni’ilin.
Only recently the Military Court of Appeals has aggravated the sentence of Abdallah Abu Rahmah from the village of Bilin, sending him to 16 months imprisonment on charges of incitement and organizing illegal demonstrations. Abu Rahmah was released on March 2011.
02 June 2011 | Popular Struggle Coordination Committee
Tamimi, who has already been held in custody for over two months, will plead not guilty to the anti-free speech charges against him before a military court.
What: The opening of Bassem Tamimi’s trial
Where: Ofer Military Court * * Entry to the military court must be coordinated with the Israeli army’s spokesperson in advance.
When: Sunday, June 4th, 2011, at 9:30 AM
Media contact: Jonathan Pollak +972-54-632-7736
After more than two months in custody, the trial of Bassem Tamimi, a 44 year-old protest organizer from the West Bank village of Nabi Saleh, will finally begin Sunday. Tamimi, who is the coordinator of the Nabi Saleh popular committee, will plead not guilty to the charges against him. He will, however, admit to having organized demonstrations against settlement expansion and argue that it is in fact, the Israeli Occupation that should be on trial.
Tamimi’s detention was recently extended indefinitely by an Israeli military court. The judge ordered him to be kept in remand until the end of legal proceedings. The indictment against Tamimi is based on questionable and coerced confessions of youth from the village. He is charged with incitement, organizing and participating in unauthorized processions, solicitation to throw stones, failure to attend legal summons, and a scandalous disruption of legal proceedings charge, for allegedly giving youth advice on how to act under police interrogation in the event that they are arrested.
The transcript of Tamimi’s police interrogation further shows the police and Military Prosecution’s political motivation and disregard for the suspect’s rights under interrogation. During his questioning, Tamimi was accused by his interrogator of “consulting with lawyers and foreigners to prepare for his interrogation” – no doubt a legal right.
Background
Bassem Tamimi is a veteran Palestinian grassroots activist from the West Bank village of Nabi Saleh, north of Ramallah. He is married to Nariman Tamimi, with whom he fathers four children – Wa’ed (14), Ahed (10), Mohammed (8) and Salam (5).
As a veteran activist, Tamimi has been arrested by the Israeli army 11 times to date and has spent roughly three years in Israeli jail, though he was never convicted of any offence. He spent roughly three years in administrative detention, with no charges brought against him. Furthermore, he and his legal council were denied access to the “seceret evidence” against him.
In 1993, Tamimi was falsely arrested on suspicion of having murdered an Israeli settler in Beit El – an allegation he was cleared of entirely. During his weeks-long interrogation, he was severely tortured by the Israeli Shin Bet in order to draw a coerced confession from him. During his interrogation, and as a result of the torture he underwent, Tamimi collapsed and had to be evacuated to a hospital, where he laid unconscious for seven days.
As one of the organizers of the Nabi Saleh protests and coordinator of the village’s popular committee, Tamimi has been the target of harsh treatment by the Israeli army. Since demonstrations began in the village, his house has been raided and ransacked numerous times, his wife was arrested twice and two of his sons were injured; Wa’ed, 14, was hospitalized for five days after a rubber-coated bullet penetrated his leg and Mohammed, 8, was injured by a tear-gas projectile that was shot directly at him and hit him in the shoulder. Shortly after demonstrations in the village began, the Israeli Civil Administration served ten demolition orders to structures located in Area C, Tamimi’s house was one of them, despite the fact that it was built in 1965 and expanded already in the year 2003.
Legal background
On the March 24th, 2011, a massive contingent of Israeli Soldiers raided the Tamimi home at around noon, only minutes after he entered the house to prepare for a meeting with a European diplomat. He was arrested and subsequently charged.
The main evidence in Tamimi’s case is the testimony of 14 year-old Islam Dar Ayyoub, also from Nabi Saleh, who was arrested from his bed at gunpoint on the night of January 23rd. In his interrogation the morning after his arrest, Islam alleged that Bassem and Naji Tamimi organized groups of youth into “brigades”, each with its own responsibility during the demonstrations: some are allegedly in charge of stone-throwing, some of blocking roads, etc.
During a trial-within-a-trial procedure in Islam’s trial, motioning for his testimony to be ruled inadmissible, it was proved that his interrogation was fundamentally flawed and violated the rights set forth in the Israeli Youth Law in the following ways:
1. Despite being a minor, he was questioned in the morning following his arrest, without being allowed any sleep.
2. He was denied legal consul even while his lawyer was present at the police station.
3. He was denied his right to have a parent present during his questioning.
4. He was not informed of his right to remain silent, and even told that he is “expected to tell the truth” by his interrogators.
5. It was acknowledged by the interrogators that only one of the four interrogators was qualified as a youth interrogator.
While the trial-within-a-trial procedure has not yet reached conclusion, the evidence already revealed has brought the Military Court of Appealsto revise its remand decision and order Islam’s release to house arrest.
Over the past two months, the army has arrested 24 of Nabi Saleh’s residents on protest related suspicions. Half of those arrested are minors, the youngest of whom is merely eleven.
Ever since the beginning of the village’s struggle against settler takeover of their lands in December of 2009, the army has conducted 71 arrests related to protest. As the entire village numbers just over 500 residents, the number constitutes approximately 10% of its population.
Tamimi’s arrest corresponds to the systematic arrest of protest leaders all around the West Bank, as in the case of the villages Bil’in and Ni’ilin.
Only recently the Military Court of Appeals has aggravated the sentence of Abdallah Abu Rahmah from the village of Bilin, sending him to 16 months imprisonment on charges of incitement and organizing illegal demonstrations. Abu Rahmah was released in March 2011.
The arrest and trial of Abu Rahmah has been widely condemned by the international community, most notably by Britain and EU foreign minister, Catherin Ashton. Harsh criticism of the arrest has also been offered by leading human rights organizations in Israel and around the world, among them B’tselem, ACRI, as well as Human Rights Watch, which declared Abu Rahmah’s trial unfair, and Amnesty International, which declared Abu Rahmah a prisoner of conscience.
21 October 2010 | Popular Struggle Coordination Committee
Adeeb Abu Rahmah sentenced to 18 months
Adeeb Abu Rahmah, a protest leader from Bil’in, was sentenced to 18 months imprisonment by the Military Court of Appeals, for his involvement in organizing demonstrations. The decision dramatically aggravates the one-year sentence originally imposed in the first instance.
Judge Lieutenant Colonel Benisho of the Military Court of Appeals accepted the Military prosecution’s appeal in Adeeb Abu Rahmah’s case today, which demanded to harshen the already heavy-handed one-year sentence imposed on him by the prior instance back in July. The court sentenced Abu Rahmah 18 months of imprisonment with bail of 6,000 NIS and suspended sentence of 1 year. An appeal filed by the defense both on the severity of the punishment and on the conviction itself was denied.
Adeeb Abu Rahmah’s sentence is the first to be handed by the Military Court of Appeals in a series of recent trials against high-profile Palestinian anti-Wall grassroots organizers. The harsh and imbalanced decision is likely to affect other cases, most notably that of Abdallah Abu Rahmah – the Bil’in organizer declared human rights defender by the EU – who was too recently sentenced to a year in jail by the first instance of the military court.
Adeeb Abu Rahmah’s case relied heavily on the forced confessions of four minors arrested in nighttime raids by Israeli soldiers. The four attested in court to having been coerced into incriminating Abu Rahmah and other organizers during the course of their police investigations. They were also questioned unlawfully, denied consol and without their parents being presents and, in some cases, late at night.
The ruling in the appeal concludes 15 months of unfair legal procedures, held amidst a massive Israeli arrest campaign, which ended with an upheld conviction of incitement, activity against the public order and entering a closed military zone.
This precedent-setting decision is the first time in recorded history of the Israeli Military Court of Appeals in which a Palestinian is convicted with a charge of incitement. Even the original one year sentence dramatically exceeds precedents set by the Israeli Supreme Court. The Court of Appeals’ even harsher sentence highlights the lack of equality before the law between Israelis and Palestinians, who are tried before two different legal systems. For instance, in a case of a Jewish settler convicted of incitement to murder, the court only imposed an eight months suspended sentence.
Attorney Gaby Lasky (Defense): “Today the court of appeals has shown that it is serving as one more instance of political repression not as an actual court where justice is served. The court admitted what we all knew – that the entire system is trying to make an example of Adeeb in order to silence the entire Popular Struggle movement against Israel’s occupation.”
Background
Having served his original one-year prison term in full, Adeeb Abu Rahmah should have been released immediately after hearing the sentence. The military prosecution, which hoped for an even harsher sentence as part of its ongoing efforts to use legal persecution to suppress the Palestinian popular struggle, petitioned the Military Court of Appeals, asking that Abu Rahmah remains incarcerated despite having served his sentence.
In a clearly politically motivated decision, Judge Lieutenant Colonel Benisho of the Military Court of Appeals decided to remand Abu Rahmah until a decision in the appeal, saying that “This is an appeal filed to set the proper punishment in a unique case regarding which a general punishment level has not yet been set.” The judge chose to completely ignore the punishment level set forth by the supreme court in similar and even harsher cases. Benisho also ignored a supreme court precedent instructing the courts to only extend the remand of convicts past the time they were sentenced to in very extreme situations.
