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Posts Tagged ‘Ameer Makhoul’

Shin Bet Climbs Down from Espionage Charges Against Kamm, Said; Stands Firm Against Makhoul (So Far)

Monday, September 13th, 2010

Israeli prosecutors are close to offering Anat Kamm a plea deal that would remove the charge of espionage, which carries a possible life sentence.  She took military documents while she served as a clerk in a senior IDF commander’s office and passed them to Uri Blau, who used them to write several stories that embarrassed the IDF.  One in particular showed that Kamm’s commanding officer specifically violated a Supreme Court ruling prohibiting the targeted killing of Palestinian militants if there was a danger of harming civilians or there were other options of apprehending them short of murder.  She also passed documents which revealed that the IDF planned a scorched earth attack on Gaza (before Cast Lead began) that would not spare civilians.  Though the military censor approved the story Blau wrote about this, it was later disapproved and the article was killed before publication.

Under the plea deal, she would be charged with passing a secret document to an unapproved source.  This too is still a very serious charge with a possible 15 year sentence.

Though the Shabak would never concede this, dropping the charge of espionage directly contradicts Yuval Diskin’s repeated claims that Kamm damaged the security of the state and revealed secret information that would be a “wet dream” for any foreign intelligence agency.  This represents yet another of many “climb downs” for which Diskin and the Shabak are noted.

They say the Canadian Mounties “always get their man.”  The Shabak hardly ever gets their man.  They just hold him or her in detention and hope to make a lesser charge stick with varying degrees of success.  Chaim Pearlman faced down the secret police and is now free and faces no charges or trial though he is suspected of murdering several Palestinian civilians in his very own personal Jewish settler terror campaign.

Haaretz reports that there is a legal provision under which Kamm would not guilty of any crime at all:

There is also a legal defense enshrined in law for someone who has transferred information to another person without authorization. The law states that if a person has honest intentions and intends to change public policy by legal means, it is not considered a crime.

omar said on release from israeli prison

Omar Said welcomed after his release from Israeli prison

But the only way for her to test whether a court would apply it to her case is for her to go to trial.  She has already served about nine months of house arrest.

In an unrelated security development, Omar Said, once accused along with Ameer Makhoul of engaging in espionage against the State in collaboration with Hezbollah, was released from prison today.  He had served five months of a longer sentence which he agreed to when the Shabak offered him a plea on a lesser charge. In his case too, the Shabak dropped the most severe charge of recruiting Israeli Arabs to spy for Hezbollah against Israel.  Note that in this case the Shabak didn’t have to prove anything to a court of law since Said copped a plea, which relieved the security agency of having to prove its case.

As Idan Landau writes so powerfully in his Hebrew post on this story, it looks like the mountain (that is, Shabak) gave birth to a mouse.  It called Said and Makhoul conspirators in terror, traitors, etc.  Headlines blared the charges. Rightists proclaimed all Arabs to be a Fifth Column.  What did all amount to?  Much of nothing.  Or again in Landau’s memorable phrase, the balloon that is Shabak emptied of all its hot air.

Did Said’s alleged crime warrant “disappearing” him for weeks after his arrest from family and attorneys?  Giving the Shabak an opportunity to both hold him incommunicado and abuse him?  Is this the same dangerous man who served only a  third of his original sentence and was let off on “good behavior?”

No, Said fell afoul of a comprehensive campaign by the security service to criminalize Israeli Palestinian nationalism and political activism.  That is the true crime.  The Shabak’s only problem?  Israeli “democracy” hasn’t quite caught up with it and hasn’t yet labelled political activism a crime.  That’s why it must dredge up these ridiculous charges, trumpet them before all Israel, and then fold it’s poker-hand quietly later.  We should remember, as Landau notes, that no less a figure than Diskin himself broadcast in 2007 his intent to target Israeli Palestinian nationalists even though they had committed no crime.  For him, the imaginary crime of “damaging the Jewish democratic character of Israel” would do as grounds for persecution.  Clearly, this policy found favor in the eyes of the political echelon, as Diskin has not only not been criticized–on the contrary he has been lionized as a successful intelligence chief.

I am proud of the role playing by this blog and others in breaking the vow of silence imposed by Shabak on this case.  They didn’t want any Israeli to know that they’d disappeared Said and Makhoul.  It was thanks to us and the efforts of many others that the secret police were forced to concede that they had whisked them away (in Makhoul’s case in the dead of night) from family, friends and community.  Together, the blogs and other activists told the world we knew what had happened and would not allow it.  Shabak eventually folded on this as well.  Or to be more exact, the courts realized the charade and allowed the secret to be exposed.

But justice has not yet been served in the case of Ameer Makhoul.  He remains in prison and his next court date is September 16th.  Though he has not yet been tried, he has already been imprisoned longer than Said and has fought a running battle with prison authorities demanding that they provide him the same rights criminal suspects are afforded.  In Israel, security suspects are provided far fewer rights than criminal suspects.  Again, the Shabak has not proved its case against Makhoul and I doubt it ever will if the detainee refuses to plea bargain.  Though it appears he can be held almost indefinitely by the security agency by stretching out his trial over a long period.

In case you’re wondering what might make Makhoul a more dangerous man than Said in the eyes of Shabak: the former supports the BDS movement.  And we have seen consistently that a government that imagines Iran poses an existential threat to the State can also imagine that BDS does the same.  And if Israel is prepared to go to war against Iran, it is certainly willing to wage a slightly less intense form of warfare against figures like Makhoul.  The truth is that BDS not only angers the powers that be in Israel, it actually poses, in their eyes, a supreme danger to it.  It may be hard for some to believe this, but alas it is true.

Paranoia strikes deep, and into your heart, Israel’s leaders, it will creep.

Ameer Makhoul Regains Basic Civil Right Wrested by Prison Authorities

Thursday, September 2nd, 2010

An Israeli court ruled today that Amir Makhoul, held for four months without trial on security charges, can meet his lawyer without any barrier (Hebrew) between them.  In Israel even detainees charged with criminal offenses can meet with their attorneys unfettered.  But security prisoners must suffice with a glass partition and speaking by telephone in a room where a sign hangs warning that conversations may be recorded by prison authorities.

The judge told the prison authority that there was no reason to treat criminal and security detainees differently and that the impediment that Makhoul faced was a violation of Israel’s Basic Law (a sort of proto-constitution).

Undoubtedly, some of you will be asking why this is a story worth reporting.  A court decision like this certainly wouldn’t be reported in the U.S. media.  What you don’t understand is that in Israel’s version of ‘democracy,’ a security defendant must fight for every right, even those guaranteed him under Israeli law.  The Shin Bet does this to grind down the will to resist.  It gives nothing, offers nothing and takes everything it can get away with.

Now, if only the courts would force the Shin Bet to actually bring Makhoul to trial so this farce could be brought to an end, since clearly the secret police have precious little evidence to prove their claim that Makhoul spied against Israel on behalf of Hezbollah.

Shin Bet Releases Accused Jewish Terrorist, Pearlman; What About Makhoul?

Thursday, August 12th, 2010

Today, the Shin Bet released accused murderer Chaim Pearlman from prison after a judge refused to extend his detention for an additional eight days.  Such refusal is quite unusual in a judicial system which grants utmost deference to security considerations.

Haaretz noted the news approvingly, as if this signified that Israeli democracy was working properly.  It did so while also rapping the Shin Bet over the knuckles for its sorry performance in rooting out Jewish terror and for abusing suspects (including Palestinians) in the process of investigating them.

In the final paragraph of the editorial, Haaretz made one interesting and important statement about the quality of evidence against the latest series of Palestinian Israeli security suspects; while making a glaring omission of important information:

Pearlman is not the only suspect in recent months who was arrested on the basis of serious allegations that quickly turned out to be false. He was preceded by several Israeli Arab detainees; in those cases, a raft of allegations produced little. Before the Shin Bet arrests people and makes false accusations, it should investigate carefully. It should remember that not everything is permitted in interrogations, and that torture – whether psychological or physical – is always unacceptable, no matter the case or the suspect. Even the war against terror must be conducted using legal means.

This is the first indication I have seen of media skepticism in the cases of Omar Said, Ameer Makhoul and the group I call the Syria 3, which includes long-time Shin Bet target, Mahmoud Masarwah.  I have been saying precisely the same thing for months myself.

The glaring omission is the fact that all these Arab suspects remain locked up indefinitely while Pearlman has gone free.  It should be noted that Pearlman is accused of multiple murders, which the Palestinian suspects are accused of spying.  Yet the former is free and the latter in prison.  This is justice in a democracy?

Israeli Supreme Court Justice: ‘Never in My Life’ Saw Case in Which State Refused to Produce Suspect in Court

Wednesday, July 21st, 2010

Israeli Supreme Court Justice Edmond Levy has a very selective memory (Hebrew).  Only when he faces the case of suspected settler terrorist Chaim Pearlman, who has been denied access to counsel by the Shin Bet and was a no-show in court, does he say: “Never in my life have I seen such behavior.”  Apparently, he’s forgotten the fact that the Shin Bet routinely treats its Israeli Palestinian suspects in the same fashion: most recently Ameer Makhoul was honored with such treatment.  But then again, a Supreme Court justice can’t be expected to remember that they are citizens who should have the same rights as Chaim Pearlman or any other Jewish citizen.  That’s what I mean by a selective memory.

Levy is also pissed that the Shin Bet refused to allow Pearlman to be present at his hearing–again treatment routinely accorded Israeli Palestinians (Makhoul among them).  He’s ticked that Pearlman is also held in solitary confinement:

It is not possible that such suspects should be held in isolation from the outside world and unaware of the rights.  I’ve never seen such treatment in my life.

Has he missed the case of Mr. X, the prisoner held incommunicado at Ayalon Prison?  We don’t even know who he is, let alone what he’s done.  And Mr. X has no access to counsel or anyone at all from the outside world including family.  Apparently Levy doesn’t read the Israeli press or he might know what goes on in side the Israeli intelligence and justice system.  I thought that was part of his job as a justice.  I guess a justice can “hear what he wants to hear and disregard the rest.”

It is rather amazing though that the Shin Bet defied even a Supreme Court justice who specifically demanded that a suspect be produced for a hearing.  I can understand their pulling that s(^t with a Palestinian suspect, who would be expected to be accorded lesser rights–but a Jewish one?  Now that takes b(&^)s.

It’s also rather comical in a dark sort of way, that right-wing Jewish terror suspects start sounding precisely like Israeli Palestinian terror suspects.  This is a comment from the brother of a second suspect accused of aiding Pearlman’s terror spree:

Sitbon’s brother, Menachem, said “the Shin Bet couldn’t care less about the judge’s decision. This is dictatorship.”

Another of Sitbon’s relatives said this:

…The Shin Bet’s conduct harms the values of democracy and human rights.”

When right and left agree about the nature of the Shin Bet I don’t know whether to celebrate or weep (or both).  Of course the Israeli far-right believes in democracy–that is a democracy that accords them rights and deprives non-Jewish citizens of the same rights.  So these claims ring hollow.  But it is still interesting that at least nominally they are bedfellows, and strange ones.

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Hillary Clinton’s Major Global Democracy Address Will Neglect Arrest and Torture of Palestinian Activist, Ameer Makhoul

Thursday, July 1st, 2010
community of democracies meeting

Hillary Clinton's speech in this august venue, Slowacki Theater, will ignore the deterioration of Israeli democracy and torture of Ameer Makhoul

Hillary Clinton will make a major address in the ancient Polish city of Krakow on Saturday encouraging the global movement for democracy.  Her host will be the Community of Democracies, a European NGO created in 2000 by Madeleine Albright and Poland’s then foreign minister to nurture democracies in Eastern Europe and the world.  Here is the mission of the group:

We seek a community of nations working together to strengthen democracy…and [we seek] transparency of government processes, sound electoral systems, respect for human rights and the rule of law, active civic education, prevention of official corruption and related core values basic to democratic governance. Our aim is to foster awareness of the importance of democracy both as a central organizing principle of official government foreign policy and as the basis of international alliances of non-governmental organizations devoted to the strengthening of democracy…We are convinced the time has arrived for the democracies of the world to build upon the experience of…[the UN and NATO], a new institutional framework for global cooperation among democratic nations and those who aspire to govern themselves in accordance with democratic principles.

The State Department’s human rights guru, Michael Posner, talked about the opportunity her speech presents for Secretary Clinton:

“It’s a meeting of…governments, representatives of civil society, and…very much in keeping with the President and Secretary Clinton’s commitment to democracy promotion and principled engagement,” he said. “The Secretary’s speech will focus on human rights and, in particular, on the role of civil society.”

This will be an opportunity for us both to articulate in a public context, but also in a setting where governments committed to democracy and civil society gather, to try to strategize and figure out ways to advance promotion of democracy globally.

How, I might ask, will she address the egregious violations of human rights by Israel in the recent Gaza flotilla attack and the latest series of Shin Bet attacks on Israeli Palestinian civil society NGOs in the person of the arrest, torture and prosecution for espionage of Ameer Makhoul?  One wonders why in the most recent State Department country report there is no mention of Israel’s systematic violation of the human rights not only of Palestinians in the Occupied Territories, but of its own Palestinian citizens.

The latest news from the Makhoul trial is that his attorneys discovered that all seven of the meetings the authorities permitted them to have with their client were illegally bugged by prison authorities.  In the Israeli legal system, the accused is allowed to consult with his counsel without interference by the State.  This rule was violated by Makhoul’s guards who prevented them from communicating directly and confidentially:

In the letter [of protest] to the AG, the lawyers argued that every detainee is entitled to the right to legal counsel…This right requires that meetings be held in…conditions that enable direct communication between them. This means that they should not be separated, their conversations should not be recorded or listened in on, and it should be possible for lawyers to exchange documents relevant to the legal proceedings with their client.The lawyers argued that…there was no possibility for them to discuss the investigation materials and evidence, that they did not have a chance to explain their legal strategy to Mr. Makhoul, and could not discuss issues related to the defense preparation with him, which by nature should be confidential. These conditions violate provision 45 of the Prisons Ordinance, which states that, “A prisoner is entitled to meet his lawyer in order to receive professional service. A prisoner will meet his lawyer privately, and under conditions that secure the confidentiality of discussions and documents that will be exchanged in the meeting, but in a way that enables supervision of the prisoner’s movements.” The lawyers also argued that the conditions were in breach of the Israel Bar Association Law and to the Evidence Ordinance regarding the confidentiality rules applied to lawyer-client consultations, and that wiretapping of such conversations is a criminal offence under paragraph 2 of the Israeli Wiretapping Law.

I would love to see a few demonstrators outside the elegant old castle where the Krakow meeting will be held raising aloft Ameer Makhoul’s photograph with the legend: “Hillary’s prisoner of conscience.”  When will the U.S. apply to Israel standards it is encouraging both at this meeting and among the world’s nascent democracies?  When will it demand accountability, transparency and the rule of law for all Israel’s citizens?  When will it demand that the security services be reigned in so that they do not run roughshod over the rights of citizens, whether they be Jewish or Arab?  When will Michael Posner allow Israel’s country report to tell the truth about conditions there?

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Huge Rise in Israeli Police Wiretaps; Judges Acquiesce in 99% of Cases; 30,000 Secret Recordings of Makhoul

Tuesday, June 29th, 2010
Israel's big brother tv show

Israel's 'Big Brother' TV show

Israeli State Controller Micha Lindenstrauss released a report revealing a massive increase in the use of secret eavesdropping by police in criminal cases.  From 2004 to 2008 the number of such wiretaps increases nearly 100% from 960 to 1,800.  In 2008, police recorded 270,000 conversations (Hebrew).  In the same year, judges rejected only 16 surveillance requests and only 51 were rejected during the entire five -year period.  Walla notes that only 7% of the conversations recorded are relevant to investigations.

Ynet calls (Hebrew) Israeli judges “rubber stamps” for their overly cozy relationship with the police and prosecution.  I’ve certainly seen that in their decisions regarding national security cases which I’ve covered here over the past few months.  Not to mention the intelligence service’s slap-happy use of secret gag orders to suppress legal political activity by Israeli dissidents.

I should make clear that there are cases in which wiretaps are legitimate tools of law enforcement.  For example, I have little sympathy for powerful politicians like Avigdor Lieberman or Haim Ramon, who complain that surveillance against them is pure political harrassment.  People in high places should expect their behavior to be examined.

But Israel is a national security state, and abuses of the civil rights of the Palestinian minority and Palestinians living under Occupation seep into the texture of everyday life in Israel and the methods of policing.  Notions of privacy are quite primitive in Israel.  Ditto a sense of protections and civil rights for citizens, especially those suspected of a crime.

Among the excesses the report uncovers are requests to tap a phone line, rather than a specific individual, and applications which widen the scope of a wiretap by using the phrase “X and others;” or instead of naming a specific crime they add “and others” so that the police may go on a fishing expedition.  Many conversations were captured which dealt with personal medical issues and other extraneous matters to which the police had no right to listen.

I should note that the Lindenstrauss report deals with criminal investigations and I presume excludes wiretaps for national security purposes.  I would imagine the State would not want these studied or included in this report.

Didi Remez translated this article from Yediot which notes that the Shin Bet recorded 30,000 conversations of Ameer Makhoul in the course of its investigation.  As I wrote above, this compares with 270,000 wiretapped conversations for the entire country in 2008!

With his trial scheduled to begin on July 13th, this article reveals that the prosecution hasn’t yet shared this material with the defense.  I always thought that in a democracy a defendant was entitled to see the evidence against him before trial.  I guess that concept is either alien to Israel or honored only for defendants who aren’t Palestinians:

Some 30,000 taped recordings were made of conversations that were wiretapped in the course of the investigation of Ameer Makhoul.

…It would seem unlikely that his trial is going to [begin] shortly since the prosecutor, Attorney Hadas Rosenberg-Sheinratt, said yesterday in court that the investigation included 30,000 telephone calls that needed to be sifted through before it could be determined which were relevant to the investigation.

“At issue is an exceptionally large quantity of material,” said Attorney Rosenberg-Sheinratt. “There aren’t many cases that involve thousands of documents. The material doesn’t come from a single source.”

Judges Yosef Elron, Moshe Gilad and Avraham Elyakim asked the prosecution to turn over with the utmost haste to the defense the missing material so as to allow for the trial to move forward.

While it is highly unlikely that Micha Lindenstrauss was thinking of protecting citizens like Ameer Makhoul with his criticism of Israeli police tactics, the latter target Palestinians and Jewish activists like Ezra Nawi, Mordechai Vanunu, Tali Fahima, Anat Kamm,  and Uri Blau disproportionately, and subject them to even greater miscarriages than Israeli Jewish criminal suspects experience.

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Seattle Conference: Gaza Humanitarian Crisis

Sunday, June 27th, 2010

Yesterday night, 200 people joined us for the conference I initiated, Gaza’s Humanitarian Crisis: the Failure of U.S. Policy. I was delighted with the turnout and the quality of the talks by Steve Niva, David Schermerhorn, and Hazim Shafi.

This event was, in a way, a sequel to an event I organized last December on the Iran nuclear crisis and the failure of U.S. and Israeli policy in that arena.

When you blog as intensively as I do about the Israeli-Arab conflict and face an especially severe crisis, you want to do something more than just write a blog post. You want to go into your community and reach people where they live; motivate them to do something on behalf of sanity, justice and human decency.

That’s why I approached Brenda Bentz of SABEEL of Puget Sound with my idea, which she graciously supported along with St. Mark’s Cathedral, which provided the venue. I am sorry to say that Seattle’s Jewish community is not yet ready to confront these issues by hosting such a panel. Though through some lobbying of my own, the JTNews sent a reporter to the event and there will be a story about it in the next issue. I understand there were four “operatives” from Stand With Us in attendance as well. Undoubtedly, they were seeking proof that we were propagating “anti-Israel” propaganda.

Below, I’m going to post my own remarks from last night. When we have video, audio, or photos available, I’ll upload that as well:

Israel Under Siege–Enforces Consensus, Jettisons Democracy

I have the unenviable task of telling you tonight about the state of the State of Israel.  In short, it’s not good.  I’ve been following Israeli politics since I was a teenager in 1967 and I don’t think I’ve ever felt more alarmed and depressed about what is happening within Israel.

We all knew when Bibi Netanyahu became prime minister that we were in for a far-right government.  But sad to say I think we were spoiled by the more centrist governments that preceded them.  We thought that since both Ariel Sharon and Ehud Olmert were former Likud political leaders that Bibi would perhaps be a slightly more conservative version.

But Bibi has been a revelation, and not a good one.  Under his rule, the Israeli peace and human rights community have come under fire as never before.  The leader of the New Israel Fund, a relatively tame advocate of Israeli civil society and democracy, was vilified in all the major Israeli newspapers in an ad displaying a caricature of her with a rhino horn sprouting from her forehead.  It was an ugly display worthy of some of the lowest propaganda of the Nazi anti-Semitic publication, Der Shturmer.

A few months ago, Uri Blau, an Israeli journalist writing for Haaretz was forced into exile because he received secret documents from an IDF soldier named Anat Kamm.  These memos documented major military violations of an Israeli Supreme Court ruling barring targeted killings of Palestinian militants who could be apprehended non-violently.  Not only did the Israeli intelligence service, Shabak, threaten to prosecute Uri Blau, Haaretz’s military correspondent now residing in London, they did prosecute Kamm, threatening her with a life sentence.  Essentially, this woman is an Israeli Daniel Ellsberg, yet she faces calls from the Israeli far-right for hanging.

An Israeli Palestinian Knesset member, Haneen Zoabi, joined the Gaza flotilla and sailed on the ill-fated Mavi Marmara.  If she’d been a regular Israeli citizen she could’ve been arrested and imprisoned for her action.  Luckily for her, she had parliamentary immunity.  When she returned to the Knesset, right-wing MKs called her a traitor and killer.  She arose to defend herself and all hell broke loose.  A Jewish female Knesset member lunged at her and would’ve taken her down if she hadn’t been restrained by Knesset security.  Everyone knows how fractious and dysfunctional the Israeli parliament can be.  Many of us have seen the shouting matches and bad behavior.  But this was a different order of magnitude.  Even an Israeli TV newscaster called it a “near-lynching.”

The Israeli security apparatus has gone to war against Israeli Palestinian political leaders.  This goes back to an announcement in 2007 by Yuval Diskin, Shin Bet chief, that he planned to wage all-out combat against Palestinian nationalists.  He viewed even legal political activities that advanced views that were detrimental to the notion that Israel was solely a Jewish state, as anathema.  He made clear as part of this crusade, he would pull out all the stops.  And he has done so.

In the past month, the Shin Bet arrested the director of an Israeli Palestinian NGO named Ameer Makhoul.  They came to his Haifa apartment in the dead of night, ransacked it, and confiscated all the electronic equipment in it, including cell phones and computers belonging to his teenage daughters.  They slapped a gag order on his arrest.  No Israeli reporter could say what had happened to Makhoul.  He essentially disappeared into the maw of the secret police.

One of my jobs as a blogger is to break such gag orders and I’m pleased to say that with the help of Israeli sources I did.  After my reporting, we knew who had been arrested.  We found out about the preposterous charges against him, that he had consorted with known Hezbollah agents and offered to spy against his country.

The identity of the alleged Hezbollah agent was also under gag order.  But I broke that too and revealed that Hassan Jaja was so dangerous that he was a landscape designer and nurseryman in Amman who ran an Arab environmental NGO.

Despite the ludicrousness of the charges, this didn’t stop the Shin Bet from torturing Makhoul during the three weeks when they held him incommunicado, preventing access to his lawyers or family.  He was deprived of sleep, tied to a chair that was bolted to the floor and forced to confirm a narrative that his interrogators dictated to him.  It reminds me of a Teheran show trial.

This is how low Israel has gone.  In an effort to combat the international campaign to hold Israel accountable for its actions its actions in Gaza during Operation Cast Lead, the nation has inflicted upon itself and the rest of the world a sort of pathological madness.

It called Judge Richard Goldstone, author of the UN report on the war, a traitor to his people.  Accused him of a blood libel against Israel.  Accused him of being a moser, a Jew who during the Holocaust ferreted out Jews in hiding and betrayed them to the Gestapo.  They tarnished Goldstone’s record as a South African anti-apartheid judge by comparing him to Josef Mengele.

Some of us attended the last SABEEL conference held here in this Cathedral and heard Israeli Professor Neve Gordon’s address.  He, several months ago, electrified observers of the Israeli-Palestinian conflict by publicly expressing his support for the global BDS movement in the Los Angeles Times and The Guardian.  For this, he too was excoriated.  The president of Ben Gurion University where he teaches, claimed he had crossed a red line that no professor had a right to cross, doing damage to the State.  Israelis across the political spectrum attempted to make the case that academic freedom did not entitle someone to speak ill of Israel or Zionism.  They suggested not so subtly Gordon might be happier living elsewhere (a fate that befell Ilan Pappe and Tanya Reinhardt).

Ben Gurion’s President Carmi essentially said she would fire Gordon if she could.  But of course she couldn’t since there is such a thing as academic freedom still honored in Israel.

Add to this, the fact that a British trustee of Ben Gurion told a Jewish newspaper that Prof. David Newman, a colleague of Gordon’s should die because he criticized Israeli policy in a British TV documentary.  140 faculty members protested to the president about the trustee’s irresponsible statement and she promptly ignored them.

Speaking of dying, last week Neve Gordon received a bona fide death threat from an anonymous source, calling him a traitor and warning him that the writer would come to the campus and kill him.  While Pres. Carmi denounced the act, she also in effect blamed Gordon for bringing it on himself by his “irresponsible” behavior.

In light of the repression and paranoia I’ve outlined above, it isn’t surprising that the IDF perpetrated the debacle it did on the Mavi Marmara.  I don’t know exactly what happened.  But in the most charitable interpretation I imagine that after it faced resistance from some passengers and the belief among the assault team that some members were captured, I believe there was a general breakdown in unit discipline and chaos ensued.  While I don’t believe the IDF planned to execute anyone and engage in cold blooded murder, the stage was certainly set by spokespeople who threatened that Israel was prepared to use force to prevent the ships from reaching Gaza.

Now, a word on the Israeli investigation of this disaster.  In short, it too is a disaster.  Netanyahu has appointed three Israelis and two foreign “observers.”  The panel is chaired by Yaakov Tirkel, a 75 year old retired Supreme Court justice who has said publicly that he holds the honor of the IDF above “the enemy.”  The justice is known for siding with the government on national security cases.  Another Israeli panelist is Amos Horev, an 86 year-old retired general who, in 1943, was accused of castrating a Palestinian villager who sexually harassed a Jewish woman.  The third member is Shabtai Rosenne, a 94 year-old former diplomat who counseled the Israeli prime minister after the notorious Kibya massacre orchestrated by Ariel Sharon to lie to the world by claiming that Israeli civilians perpetrated the killings and not the army.  An Israeli newspaper photographed this poor man at his home wearing the type of summer shorty pajamas worn by elderly folks and tended by his Filipino caretaker.  I call this the geriatric commission.  They should hold the sessions in a retirement home rather than a government conference room.

One of the foreign observers, Lord David Trimble, just co-founded a European pro-Israel advocacy organization whose mission is to oppose “delegitimization” of Israel within Europe.  The second observer is a former judge in the Canadian army.

In short, the fix is in.  No one really believes this body will satisfy anyone except Israel.  Haaretz has editorialized to that effect.  Ban Ki Moon has warned the commission isn’t credible.  We need a true international investigation.  Nothing less will suffice.

Now, I’d like to turn to U.S. policy.  As an American Jew and supporter of Israeli-Palestinian peace, I had high hopes of Barack Obama.  I still do.  But I’ve become doubtful that any of those hopes will ever be realized.

When faced with the intransigence of the Israeli government, whether the settlement freeze, the Goldstone Report or the Gaza flotilla massacre, the operative mode seems to be keeping things quiet and under control.  There never seems to be backbone when it’s called for.

When the Goldstone Report was first issued, the U.S. attempted to block it and threatened a Security Council veto if it was brought up there.  When Turkey and the nations of the world demanded an international investigation of the Mavi Marmara murders, the U.S. said an Israeli investigation would do.  When things got hot and heavy in the aftermath of the killings and pressure mounted to end the Gaza siege, the Obama administration made do with merely easing the suffering rather than ending it completely.

This is an administration satisfied with half measures.  There are times when half-measures may work to quiet a crisis if it isn’t terribly severe.  But we’re way past severe when it comes to the Israeli-Palestinian conflict.  The situation calls for backbone, for perseverance, for fortitude.  Instead we get waffling, and zig-zagging.

Finally, I want to note that today is the fourth anniversary of the capture of IDF soldier Gilad Shalit by Palestinian militants.  During that time, there have been negotiations between Israel and Hamas over his fate.  Essentially, the latter demanded the release of several hundred jailed Palestinians.  Israel balked.  While everything about the case is veiled in a fog, from what I’ve read the sides were close to agreement a number of times.  But negotiations foundered over which detainees would be released and how many.  Israel balked when faced with the prospect of releasing those with blood on their hands.

I want Gilad Shalit to return to the bosom of his family.   But I also want Israel to recognize Hamas and end its siege.  I want the residents of Sderot to be safe from Qassam rockets.  But I also want the residents of Gaza to be free from paralyzing fear and anticipation of the next war.

There is a way out of this mess.  The 2002 Saudi initiative proposed Arab acceptance of Israeli in return for a withdrawal to near-1967 borders.  Israel has rejected this peace plan, which is still on the table.  There is only one way to save Israel: to make peace.  Everyone knows the parameters of the future settlement.  The only question is how many will have to die before Israel comes to its senses and agrees to it.  To quote a Jewish saying: “may it happen speedily and in our day.”

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Israeli State War Against Ameer Makhoul

Monday, June 21st, 2010

Ameer Makhoul was scheduled to have his first court hearing today but it appears to have been delayed by at least a few days.  But I wanted to bring to my readers’ attention some wonderful resources which help tell Ameer’s story.  Nadia Hijab just recorded an interview with his wife, Janan which I enclose below (in slightly edited form):

Janan Abdu interview June 19, 2010

“I have lost both my parents in the past two weeks. My mother had been in a coma at the hospital since last November as a result of a severe asthma attack. My father was suffering from cancer and because of my mother’s illness he did not have the strength to fight it. You know how close our families are, and the emptiness she left during her coma was not easy.    My father’s funeral was just 2 weeks ago, the day our family was due to have its first meeting with Ameer, so we had to decide whether to visit Ameer or go to the funeral. I went from the prison to the funeral.

I decided to tell Ameer about my parents’ death. He knows how hard this is for me, which makes it hard for him – but I wanted to tell him myself so that he would see that I’m strong.

It is a strange, emotionally wrenching period. Yesterday was my daughter’s high school graduation ceremony. Ameer’s birthday is today: he will become 52.

We believe that the main purpose of arresting Ameer – other than to frighten the community – is to silence his voice.   His voice is significant for many reasons. He has been writing many strategic, forward-looking pieces to help shape thinking among the community and elsewhere. When I visit with him I urge him to keep writing. He’s allowed to send two letters a month. And I write to him and I’m keeping a journal so we can document his story.

Another, even more important, reason that Ameer’s voice is so important is that he works at three levels, locally, in the Arab world, and internationally.   Locally, he previously helped to found political parties and organizations but now he does not belong to any party. Rather, through Ittijah (an umbrella organization for about 80 civil society NGOs established by Palestinian citizens of Israel), he serves a rallying point for Palestinian civil society and political groups.   He recently co-founded the Popular Committee for the Defence of Freedoms to track and expose Israel’s harassment of its Palestinian political leaders. The High Follow-Up Committee for Arab Citizens of Israel, which represents all political forces among the community, upholds the Freedoms Committee’s activities and declarations.   Any time there has been harassment of a Palestinian political figure in the past few months the Defence of Freedoms Committee would issue a statement.

In February, they started holding community festivals in Palestinian localities every Friday to inform the community about what was going on and about the harassment of its leaders, and to mobilize people.  They held meetings in Jaffa, Nazareth, Haifa and other places.  The night he was arrested he had been at the community festival in Ber al-Sabi3.

When he and I used to talk about the Committee’s work, I would say to him your turn will come. And his turn has come. So part of silencing his voice is an attempt to silence a defender of political freedoms.   His arrest also aims to silence his voice at the regional level. He was one of the Palestinian leaders who took the initiative to link Palestinians of 1948 to the Arab world.  He was one of leaders of a conference held in Cairo in 2002 “The 1948 Palestinians knock at the door of the Arab world.” He led efforts to reveal Israeli racism to the Arab world and to call for boycotting Israel, especially since Durban conference where Ameer was one of the Arab key leaders of the conference.

Even before his arrests some Israeli writers were calling for his punishment.   Ameer was also active at the international level and Ittijah has consultative status at the United Nations Economic and Social Council, alongside other major NGOs.   This ability to network locally, at the Arab level, and internationally, coupled with the refusal to give up fundamental Palestinian human rights and his clear strategic vision – this is what I believe Israel is trying to silence.

Last year, during the war on Gaza (December 2008 – January 2009)  the GSS  called him in for questioning for several hours and said to him accusingly: You are mobilizing the youth. His ability to reach across generations and his success in reaching the new generation of Israeli Palestinians scares them. And they warned him: We can ‘disappear’ you and the next time we bring you in you should know that you will not see your family again for a long time.

And this is exactly what they did. They kidnapped him from home in the middle of the  night and kept him with no possibility to meet with anybody – neither family nor lawyers – and imposed a gag order on his arrest. They just disappeared him. Such a thing can happen in the state that calls itself democratic and law abiding!   He is a thinker who writes and speaks at conferences, a civil society organizer, and an activist who leads demonstrations and establishes committees to protest violations of human rights.   He was part of the group that produced the Haifa Declaration that sought to put forward a vision for Israeli Jewish and Palestinian relations within a comprehensive vision for the state. This should not be threatening to the state.

Since its establishment the state has treated the Palestinian community as an enemy; it has tried to erase our identity and to control us through racist laws and practises. By insisting on being a ‘Jewish state’ it cancels out our very existence. We cannot feel that we belong to a state that treats us as enemies.   So we are calling for a change in its nature: It can’t continue to insist that it is Jewish and democratic – there is no such thing.

What has happened to Ittijah? The first  2 weeks were difficult as the Israeli authorities by the GSS confiscated computers and equipment and ransacked office. But Ittijah regrouped quickly and it is now standing on its feet and active.

You say you find my strength inspiring? The truth, I don’t have a choice. There are only two choices: to be strong or to be crushed. And when I see so many people working to support Ameer’s human rights this gives me hope and power to continue . And when I tell Ameer what people are doing and the ring of solidarity, it gives him hope and power too.   I have a reponsibilty to my family members, Ameer, myself and the things we believe in. I”m strong because I believe in Ameer and what he is doing. We have dignity and identity, we have the right to protect ourselves , we have nothing more to lose more – they they pushed us  beyond the limit . We need to keep going on and believing in what we are doing and in our rights, even if the personal price is so hard.

I’m afraid that Ameer was not the first  & well not be the last one to be detained, to be harmed and suffer from persecution and torture, unless we all see the issue as our personal and collective issue. But  I’m positive when I see all the support and solidarity locally and internationally, and I want, on behalf of Ameer and myself to thank all who supported us and to ask them to continue doing that and believing in Ameer.

Janan’s evaluation of the alleged danger Ameer poses in the eyes of the security establishment is dead-on.  As I’ve written here numerous times, it goes back to Yuval Diskin’s 2007 declaration of war on the Israeli Palestinian nationalist movement.  Just as Azmi Bishara was hounded into exile by the same goons, so Makhoul is being made an example in order to say to Israel’s Arab population: if you want to remain here you will do so on our terms and not yours.  Any hopes that you may have that Israel will ever become a place hospitable to your national aspirations is nil as long as we rule.  That is why I have come to see a fight to the death developing between the intelligence services and the movement for Israeli democracy.  As long as the Meir Dagans and Yuval Diskins rule we will have endless war between Jews and Arabs in Israel and outside.

Below is a Letter from Gilboa Jail, written by Ameer and released by the Al Shabaka: Palestinian Policy Network:

May 30, 2010

After being allowed to get a pen and a piece of paper, which has been banned for the last three weeks, and after being allowed to get out of my total isolation, it’s a moment to write a short letter from my jail (Gilboa).

It’s a great opportunity for me to express my sincere thanks, greetings and appreciation to all the colleagues, friends and solidarity groups, organizations and persons, internationals, Arabs in the region, Israelis and Palestinians in the homeland and in the Diaspora. A very special salute to all those who visited my family and supported them after the trauma they passed on May 6 and since that late night.

It’s a moment to express my great appreciation to all the international & local human rights organizations which raised their voices loudly.

Also to Ittijah partner-organizations all around the world which supported my/our struggle for justice and for a fair trial in order to get to prove my innocence.

Physically I am still suffering very much but morally it’s a great feeling to know what solidarity means.

My story is that the Israeli intelligence, “The Shabak,” assumed something without knowing and without any evidence. I was…forced to explain to them in a very detailed way how exactly I did what I didn’t do, ever. In case of any logical problem for them to complete the puzzle, they have the legal tools to fill it in by so-called secret evidence, which my lawyers and I have no legal right to know about.

According to the media in Israel, I’m already guilty, a terrorist and a supporter [of] terror. The rule of the game here is that I’m guilty whether or not I prove that I’m not. This collective assumption is prior to court and trial procedures.

The abuse of evidence & fair legal procedures are crucial. The Shabak can tell lies to the court by so called “secret evidence,” “banning meetings with lawyers,” “banning the publication of information,” “imposing total isolation” and other very sophisticated ways of torture, which leave no direct evidence although it is very harsh.  I believe that my case is an opportunity to examine these…as tools for the criminalization of human rights defenders.

I would like to highlight again your support & solidarity. I look to it as an…essential and crucial message of support for the victim and [as a means] to stop the oppressor. Thank you. Let us continue with the way for justice, human dignity, human rights and ensuring an opportunity for a fair trial.

Sincerely,

Ameer Makhoul

Thanks to Nadia Hijab for her work in publicizing this letter and the interview she conducted with Janan Abdu.

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