Tag: Popular Struggle Coordination Committee

Judge accepts military prosecution’s appeal to harshen Bil’in’s Abdallah Abu Rahmah’s sentence

11 January 2011 | Popular Struggle Coordination Committee

The court has accepted the military prosecution’s appeal to harshen Abdallah Abu Rahmah’s sentence to a total of 16 months. Abu Rahmah was supposed to be released on November 18th 2010, but was kept in detention by the military prosecution’s request, despite having finished serving his term. He will now serve an additional 3 months in prison.

After ordering to keep Abdallah Abu Rahmah in detention past his release date on the 18th of November 2010, the Military Court of Appeals sided with the prosecution’s appeal demanding to aggravate the one-year sentence imposed on Abu Rahmah. The prosecution asked the court to harshen the sentence so that it exceeds two years imprisonment. However, the judge gave a sentence of a total of sixteen months. He has been in jail for exactly thirteen months and one day. He will now serve three more months to complete the sixteen month sentence.

The judge sided with the military prosecution in front of a packed courtroom, which included the German and Spanish heads of consul in East Jerusalem, as well as diplomatic representatives from France, Malta, Sweden, Austria, United Kingdom, and the European Commission. Despite international outrage, the prosecution openly argued that the sentence should be extended for political reasons, namely “to serve as a deterrence not only to [Abu Rahmah] himself, but also to others who may follow in his footsteps.” Abdallah Abu Rahmah served as the coordinator of the Bil’in Popular Committee Against the Wall and Settlements until his arrest last year. Such arguments by the prosecution expose the real motivation behind the countless recent arrests of anti-Wall organizers and activists, which is to squash the popular struggle movement in the West Bank.

Adv. Gabi Lasky, Abdallah Abu Rahmah’s lawyer: “Israel has tried violent means to hinder and stop the popular unarmed demonstrations in the West Bank. Military courts are an instrument of the occupation and their verdicts are devised to help the occupation continue. This decision makes a mockery of the law and justice itself.”

On October 11th 2010, Abu Rahmah was sentenced to twelve months imprisonment for his prominent role in his village’s successful campaign against the construction of Israel’s Separation Barrier on its lands. Abu Rahmah was convicted of two Freedom of Expression charges – incitement and organizing illegal demonstrations, but was cleared of all charges connecting him with direct violence.

Abu Rahmah was to be released from prison on November 18th, when the prison term he was sentenced to ended, but was kept in jail on the order of the Military Court of Appeals. The controversial decision directly conflicts with the jurisprudence of the Israeli Hight Court on the issue, instructing that a prisoner should only be kept under arrest after his term was over in the most extenuating of circumstances.

Abu Rahmah was declared a human rights defender by the European Union, and his conviction and sentence generated international outrage, and was denounced by human rights organizations and the international community alike, including EU foreign policy chief, Catherine Ashton.

Background
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.

An exemplary case of mal-use of the Israeli military legal system in the West Bank for the purpose of silencing 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 organization 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”.

Israeli organizations also distributed statements against the conviction – including a statement by B’Tselem which raises the issue of questionable testimonies by minors used to convict Abu Rahme, and The Association for Civil Rights in Israel (ACRI) which highlights the impossibility of organizing legal demonstrations for Palestinians in the West Bank.

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 casings 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.

Substantial evidence contradicts the army’s version of the events surrounding the death of Jawaher Abu Rahmah

4 January 2010 | Popular Struggle Coordination Committee

The evidence surrounding the events leading to the death of Bil’in resident Jawaher Abu Rahmah disproves completely the army spokesperson’s version, to the point of putting the army in a ridiculous light. The army’s version is based on claims made anonymously, without any supporting evidence – unךike the version of the Abu Rahmah family and the Popular Coordinating Committee of Bil’in, which is detailed below.

Since yesterday, the army has been promoting in the Israeli media a mendacious version regarding the events that led to the death of Jawaher Abu Rahmah of Bil’in on Friday, 31 December 2010. According to the army’s version, Jawaher was not injured by tear gas and was possibly not even present at the demonstration. The army spokesperson did not see fit to publish an official statement on the matter, instead passing the information to the media in the name of anonymous “army sources.”

The facts of the matter, which are supported by the testimony of eyewitness who were present at the demonstration, as well as by the ambulance driver who evacuated her to the hospital, contradict completely the army’s version:

Soubhiya Abu Rahmah, mother of Jawaher: “I was standing beside Jawaher on the hill that is near the place where the demonstration took place, when we were injured by a cloud of tear gas. Jawaher began to feel unwell from inhaling the gas and started to move back from the place; soon after that she vomited and collapsed. We took her to the nearest road, and from there she was evacuated by ambulance to the hospital, where she remained until her death. She was not sick with cancer, nor did she have any other illness; and she was not asthmatic.”

Ilham Fathi: I was on the roof of my house, which is located a few meters from where Jawaher stood. When the cloud of tear gas moved in our direction, I went downstairs in order to close the windows. While I was closing one of the windows, I saw her lose consciousness from the gas and ran over to her, together with Islam Abu Rahmah, in order to pull her away. We picked her up together and carried her to my garden. We called for help and she began to vomit and foam at the mouth.

Islam Abu Rahmah: “I was standing with Jawaher, her mother and my grandmother in order to watch the confrontation that was going on just in front of us, in the area of the fence. The wind moved the gas in our direction, making our eyes itch and tear up. After that she (Jawaher) began to cough and foam at the mouth. Soon after that she became weak and lay down on the ground. I succeeded in carrying her as far as the Abu Khamis home, about 40 meters in the direction of her house, but then she became terribly weak, vomited violently and foamed at the mouth. She was having difficult breathing and lost her sense of direction. We got a few women to help her by waving a paper fan over her face in order to provide some oxygen. After that she was taken to the hospital.”

Saher Bisharat, the ambulance who evacuated Jawaher: “We received Jawaher near the entrance that is parallel to the fence, which is where the demonstration was taking place. She was still partially conscious, answered questions, and said that she had choked on gas. I took her straight to the hospital.” (Click here to view the Red Crescent report).

The army has also claimed that the reports about Abu Rahmeh’s injuries started to arrive only several hours after the incident, in the evening. That claim is contradicted by a tweet sent by the NGO Jewish Voice for Peace (JVP), which reports the injury of Jawaher, including her name, in real time (click here to view). The tweet was sent at 2:36 pm (4:36 am on the East Coast of the United States). Wafa, the Palestinian news service, published a report that includes the injury of Jawaher Abu Rahmah shortly after the event (click here to view).

Also according to “army sources,” which remain anonymous, Jawaher Abu Rahmah suffered from a serious illness, possibly leukemia; the “sources” postulate that she died from a pre-existing condition rather than tear gas inhalation. Several sources reject that claim.
Dr. Uday Abu Nahlah: “Jawaher Abu Rahmah was employed in my home on a regular basis. On Thursday she was at work as usual, healthy, only one day before her death.”

Jawaher had an inner ear infection, which affected her balance, for which she was recently given a CT scan. The radiologist who performed the CT scan, Dr. Hamis Al Sahfi’i, confirmed that the brain scan was normal (for the CT scan results click here). Jawaher had a minor health issue involving fluids in her inner ear. Her physicians insist that she did not suffer from any illness or from any symptoms that might, if combined with tear gas, lead to her death.

There is not, nor could there be, any indication that Abu Rahmah had cancer; in fact, she was in good health. The director of the hospital refutes the claim that she died from a pre-existing condition:

Mohammed Aida, director of the Ramallah health center where Abu Rahmah received her care: “Jawaher Abu Rahmah died from lung failure that was caused by tear gas inhalation, leading to a heart attack. She arrived at the hospital only partly conscious, and then lost consciousness completely.” Click here for the hospital’s official medical report.

Mohammed Khatib, a member of Bil’in’s Popular Coordinating Committee: “The army is trying to evade its responsibility for Jawaher’s death with lies and invented narratives that have no basis. They are spreading these lies and invented narratives via the media, which is not bothering to do basic fact checking. Our version is supported by named sources and with medical documents. In a properly functioning society, the army’s version, which has been spread by anonymous sources, would not be considered worthy of publication.”

Israeli forces kill woman in Bil’in

1 January 2011 | Popular Struggle Coordination Committee

Doctors at the Ramallah hospital fought for Jawaher Abu Rahmah’s life all night at the Ramallah Hospital, but were unable to save her life. Abu Rahmah suffered from severe asphyxiation caused by tear-gas inhalation yesterday in Bil’in, and was evacuated to the Ramallah hospital unconscious. She was diagnosed as suffering from poisoning caused by the active ingredient in the tear-gas, and did not respond to treatment.

Jawaher is the 21st person to be killed at a demonstration against the Wall.

Over a thousand people heeded to the call issued by the Bil’in Popular Committee Against the Wall and Settlements today, and joined the weekly demonstration. Despite the siege laid on the village by the Israeli army, activists – Palestinians, Israelis and internationals – swarmed the hills and valleys surrounding Bil’in by the hundreds and managed to join those already in the village.

Jawaher Abu Rahmah was the sister of Bil’in activist, Bassem Abu Rahmah, who was shot dead with a high velocity tear-gas projectile during a demonstration in the village on April 17th, 2009. See below for a video of his shooting.

Mohammed Khatib, a member of the Bil’in Popular Committee said this morning: “We are shocked and furious for Israel’s brutality, which once again cost the life of a peaceful demonstrator. Israel’s lethal and inhumane response to our struggle will not pass. In the dawn of a new decade, it is time for the world to ask Israel for accountability and to bring about an end to the occupation.”

Adv. Michael Sfard, who represents the village in an appeal against the Wall added: “The son was killed by a directly aimed projectile, the daughter choked in gas. Two brave protestors against a regime that kills the innocent and doesn’t investigate its criminals. We will not quiet, we will not give up, we will not spare any effort until those responsible will be punished. And they will.”

Israeli activist Jonathan Pollak sentenced to 3 months in prison

27 December 2010 | Popular Struggle Coordination Committee

Pollak was sentenced to three months imprisonment this morning at the Tel Aviv Magistrates’ Court for his participation in a 2008 bicycle in protest of the siege on Gaza. He will begin serving his sentence on Januray 11th.

Tel Aviv Magistrates court judge Yitzhak Yitzhak convicted Pollak of illegal assembly for his participation in a January 2008 Critical Mass ride against the siege on Gaza and then sentenced him to three months imprisonment that will begin on January 11th, 2011. Pollak was the only one detained at the said protest, and was accused of doing nothing other than riding his bicycle in the same manner as the rest of the protesters. The conviction activates an older three-month suspended sentence, imposed on Pollak in a previous trial for protesting the construction of the Separation Barrier. An additional three months prison term was also imposed for the current conviction, which will be served concurrently.

On his conviction, Pollak argued for his sentence, saying “I find myself unable to express remorse in this case […]. If His Honor decides to go ahead and impose my suspended prison sentence, I will go to prison wholeheartedly and with my head held high. It will be the justice system itself, I believe, that ought to lower its eyes in the face of the suffering inflicted on Gaza’s inhabitants, just like it lowers its eyes and averts its vision each and every day when faced with the realities of the occupation.” See Pollak’s full statement bellow.

On January 31, 2008, some 30 protesters participated in a Critical Mass bicycle ride through the streets of Tel Aviv in protest of the siege on Gaza. During the protest, Pollak was arrested by plain-clothes police who recognized him from previous protests and because, as claimed in court, they assumed he was the organizer and figurehead of the event. The protest was allowed to continue undisturbed after Pollak’s arrest and ended with no further incidents or detentions.

The arrest and consequent indictment appears to be the result of police vindictiveness, rather than of Pollak’s behavior at the time of the event; Pollak was but one in a group of protesters who behaved exactly like him, yet he was the only one to be singled out. Moreover, environmental Critical Mass events take place in Tel Aviv on a regular basis, but have never been met with such a response. Other protests, which have caused far more sever obstruction of traffic (e.g. the motorcade protest of thousands of motorcycles) did not result in arrests, and surely did not lead to the filing of criminal charges and imprisonment.

Adv. Gaby Lasky, Pollak’s lawyer: “The police not only singled out Pollak from a crowd of people who all did exactly as he did, but also singled out the entire protest for no reason other than its political alignment. Similar events regularly take place in Tel Aviv without police intervention, let alone arrests and indictments.”

Pollak’s sentencing argument:

Your Honor, once found guilty, it is then customary for the accused to ask the court for leniency, and express remorse for having committed the offence. However, I find myself unable to do so. From its very beginning, this trial contained practically no disagreements over the facts. As the indictment states, I indeed rode my bicycle, alongside others, through the streets of Tel Aviv, to protest the siege on Gaza. And indeed, while riding our bicycles, which are legally vehicles belonging on the road, we may have slightly slowed down traffic. The sole and trivial disagreement in this entire case revolves around testimonies heard from police detectives, who claimed I played a leading role throughout the protest bicycle ride, something I, as well as the rest of the Defense witnesses, deny.

As said earlier, it is customary at this point of the proceedings to sound remorseful, and I would indeed like to voice my regrets regarding one particular aspect of that day’s events: if there is remorse in my heart, it is that, just as I argued during the trial, I did not play a prominent role in the protest that day, and thus did not fulfill my duty to do everything within my power to change the unbearable situation of Gaza’s inhabitants, and bring to an end Israel’s control over the Palestinians.

His Honor has stated during the court case, and will most likely state again in the future, that a trial is not a matter of politics, but of law. To this I reply that there is hardly anything to this trial except political disagreement. This Court may have impeded the mounting of an appropriate defense when it refused to hear arguments regarding political selectiveness in the Police’s conduct, but even from the testimonies which were admitted, it became clear such a selectiveness exists.

The subject of my alleged offense, as well as the motivation behind it were political. This is something that cannot be sidestepped. The State of Israel maintains an illegitimate, inhuman and illegal siege on the Gaza Strip, which still is occupied territory according to international law. This siege, carried out in my name and in yours as well, sir, in fact in all of our names, is a cruel collective punishment inflicted on ordinary citizens, residents of the Gaza strip, subjects-without-rights under Israeli occupation.

In the face of this reality, and as a stance against it, we chose on January 31st, 2008, to exercise the freedom of speech afforded to Jewish citizens of Israel. However, it appears that here in our one-of-many-faux-democracies in the Middle East, even this freedom is no longer freely granted, even to society’s privileged sons.

I am not surprised by the Court’s decision to convict me despite having no doubt in my mind that our actions on that day correspond to the most basic, elementary definitions of a person’s right to protest.

Indeed, as the Prosecution pointed out, a suspended prison sentence hung over my head at the time of the bicycle protest, having been convicted before under an identical article of law. And, although I still maintain I did not commit any offense whatsoever, I was aware of the possibility that under Israeli justice, my suspended sentence would be imposed.

I must add that, if His Honor decides to go ahead and impose my suspended prison sentence, I will go to prison wholeheartedly and with my head held high. It will be the justice system itself, I believe, that ought to lower its eyes in the face of the suffering inflicted on Gaza’s inhabitants, just like it lowers its eyes and averts its vision each and every day when faced with the realities of the occupation.

Army raids the house of a Popular Committee member in Beit Ummar

23 December 2010 | Popular Struggle Coordination Committee

Soldiers from the Karmei Tzur settlement/military base invaded a civilian house this afternoon in Beit Ummar using live ammunition and sound bombs. During the raid, woman and children were injured as the soldiers harassed one of the Popular Committee leaders of the village.

Wife of Ibrahim Abu Maria

At 3 pm, soldiers came from the Karmei Tzur settlement to the house of Ibrahim Abu Maria in Beit Ummar. Soldiers attacked his wife by hitting her on head and also attacked some of his children in a similar manner. The soldiers rampaged the house, breaking items left and right. The only clear motivate of this attack was to intimate Abu Maria, who is active member of the village’s popular committee which is responsible for weekly non-violent demonstrations against the occupation. Abu Maria’s house is also subject to constant harassment by the army because it sits so close to the Karmei Tzur settlement.

As the attack on the house intensified this afternoon, members of the villages popular committee attempted to help the family. The army responded by firing ten rounds of live ammunition at the villagers and throwing sound bombs directly at woman and children. The woman and children involved in the attack are now receiving treatment for shock and their wounds in a local hospital. To add insult to injury, the army set up a floating checkpoint at the entrance to the village. This resulted in a delay in reaching the hospital.

Beit Ummar and the adjacent Saffa valley have recently witnessed a tide in repression by the Israeli army. On November 18th, thirteen Palestinian, Israeli, and international activists were arrested when accompanying farmers to their land in the Saffa valley, near the illegal settlement of Bat Ayn. In the past month, soldiers have raided the village at nights and made arrests up to three times a week. Thirty five people were arrested in October, and several have been arrested this month.

Karmei Tsur, an illegal settlement according to international law, is one of five built on land belonging to Beit Ummar villagers. The demonstration is held every Saturday and organized by the National Committee Against the Wall and Settlements in Beit Ummar, and the Palestine Solidarity Project.