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Posts Tagged ‘Ittijah’

Amnesty International Condemns Makhoul Sentence

Monday, January 31st, 2011

An Amnesty press release:

Amnesty International Calls Jailing of Human Rights Defender in Israel “Very Disturbing”

(London) — Amnesty International urged the Israeli authorities to end their harassment of Palestinian human rights activists after a veteran Palestinian campaigner was jailed for nine years earlier today and given an additional one-year suspended sentence.

Ameer Makhoul, a longstanding Palestinian activist, was convicted on various counts of having contact with enemies of Israel and espionage after a plea bargain agreement at his trial. He was originally charged with an even more serious offense, “assisting an enemy in war”, which could have carried a life sentence, but that was dropped by the prosecution when he agreed to a plea bargain.

“Ameer Makhoul’s jailing is a very disturbing development and we will be studying the details of the sentencing as soon as we can,” said Philip Luther, Amnesty International’s Middle East and North Africa deputy director.

“Ameer Makhoul is well known for his human rights activism on behalf of Palestinians in Israel and those living under Israeli occupation. We fear that this may be the underlying reason for his imprisonment.”

“We are also extremely concerned by allegations that he was tortured and otherwise ill-treated following his arrest on May 6 last year in a dawn police raid on his home in Haifa, by the fact that he was not permitted to see his lawyers for 12 days after his arrest, and by the gag order that prohibited media coverage on the case during this time.”

In the United States, Amnesty International USA urged President Obama to call on Israel to end the harassment of human rights defenders.

Under the Israeli penal code, people can be charged with “espionage” even if the information passed onto an “enemy agent” is publicly known and even if there is no intent to do harm through passing on the information.

The prosecution claimed that a Jordanian civil society activist who Makhoul was in contact with was a Hizbullah agent, and that he gave this person information on the locations of a military base and General Security Services offices.

The confession on which Makhoul’s conviction and sentencing were based was admitted as evidence by the court, despite allegations that this statement was made under duress and that he was tortured during his interrogation. It also appears that the information allegedly conveyed by Makhoul was publicly available.

Makhoul’s sentencing comes at a time when human rights activists are coming under increasing pressure in Israel and being accused by some in the government and by members of the Knesset of being “anti-Israel” and unpatriotic because of their reporting on and campaigning against human rights violations in Israel and the Occupied Palestinian Territories.

Makhoul is the director of Ittijah, the Union of Arab Community-Based Associations, based in Haifa.

Addameer, the Palestinian prisoner support group based in Ramallah called for the PA, EU and other western representatives to demand Makhoul’s release and to raise the prisoner-victim’s plight with Israeli officials at every meeting they hold.

Free Ameer Makhoul

Monday, October 4th, 2010

free ameer makhoulAfter breaking the Shabak gag order on his case, I helped found an international working group to support the imprisoned Israeli Palestinian nationalist activist, Ameer Makhoul (though I haven’t taken an active role in it lately). Now called the Committee for the Defense of Ameer Makhoul, it is entering a more public phase as the Shabak and Israeli justice system begins to kick into high gear after months of stops and starts.  This case is very important for those supporting what remains of Israeli democracy and Palestinian human rights.  Ameer Makhoul is no more guilty of spying for Hezbollah on Israel than you or I are.  This is a trumped case brought by a security apparatus engaged in campaign to stamp out independent Israeli Palestinian political voices.

What follows is the public appeal of the Committee.  What is most important is that you read through to the end and join me in making a contribution to support Ameer’s case.

Ameer Makhoul Trial Enters New Phase

Call for Support

Recent Developments

The campaign to free Ameer Makhoul, a Palestinian citizen of Israel and political and human rights activist falsely accused of espionage, has achieved significant advances. Makhoul’s attorneys…undermined the prosecution’s core allegations against him on September 16th in the Haifa District Court. State Prosecutors admitted that no evidence of espionage had been found in any of the computers and cellular phones seized from Makhoul’s home and office. Nor was any evidence of espionage found, they admitted, in the transcripts of thirty thousand wiretapped telephone conversations.

Makhoul’s lawyers further secured a ruling from the Nazareth District Court, September 14th, upholding Makhoul’s right to direct and confidential access to counsel. Makhoul’s right to counsel as a citizen of Israel had been routinely violated by prison authorities, who had been officially and conspicuously wire-tapping his conversations, conducted across glass barriers via telephone, with his lawyers.

Background

Sixteen members of Israel Security Agency commonly known in English as the Shin Bet abducted Mr. Makhoul from his home at 3:00 am on May 6th, 2010. They searched his home and office, seizing personal items belonging to Makhoul and his family, as well as office equipment, documents and databases.  Makhoul was detained incommunicado. A sweeping “gag order” was placed on the case forbidding publication by Israeli media of any information relating to the interrogation and the arrest. For twelve days he was subjected to torturous  interrogation techniques including excessively prolonged sleep deprivation—a technique Makhoul’s interrogators have openly stated they used. When Makhoul complained of being in excruciating pain, the Shin Bet interrogators cuffed his legs to a chair with shortened legs and threatened that he would be permanently crippled from the interrogation.

Three weeks after his detention, Makhoul was charged with espionage, assistance to the enemy in a time of war, contact with a foreign agent, and other trumped up security charges. When he finally appeared in open court, Makhoul categorically denied the relevance of all charges against him.

On June 14th, State Prosecutors announced their possessing of   ’Secret Evidence’ against Makhoul. That evidence, they stated, would not be disclosed to his legal defense team for security reasons. Meanwhile, Makhoul’s repeated requests for a medical exam and blood test by an independent doctor from the Association of Physicians for Human Rights were continually postponed. Makhoul was unable to discuss these matters with his lawyers without having his conversations wiretapped.

Public Committee for the Defense of Ameer Makhoul Established

The Committee for the Defense of Ameer Makhoul was established in a public meeting held at the headquarters of the Galilee Society for Health Research and Services in Shafa Amr on September 8th. Participating in the meeting were 47 representatives of grassroots networks and professional associations, as well as concerned Jewish and Arab public figures. At this meeting, the Committee and those it represents assumed collective responsibility for the defense of Ameer Makhoul. It took such a step for the following reasons.

Ameer Makhoul was not arrested as an individual. He was not arrested due to any serious contention that he conducted illegal activities–let alone espionage. Makhoul was arrested to send a message to Palestinian citizens of Israel. That message was formulated by extreme right wing parties in the current Israeli government. They are targeting Makhoul because he is a legal, legitimate, and effective voice of a politically disadvantaged group –Israel’s Palestinian Arab citizens.

Makhoul has been a voice of this disadvantaged group of Israeli citizens in numerous public meetings around the world. He is internationally recognized as a human rights defender and as a member of international coalitions and networks of international and regional organizations. In his capacities as Chairman of the Public Committee for the Protection of Political Freedoms in Israel  and as General Director of Ittijah –a network of Arab NGOs in Israel with consultative status in the United Nations Economic and Social Council —Makhoul regularly encounters and talks to citizens of foreign countries—including Arab countries. Simply talking to another Arab does not constitute espionage in the legal framework of Israel or any other country. But contacting an Arab colleague seems to be the core of the espionage charges against Makhoul.

In 2009, the Shin Bet promised Ameer Makhoul that they would “tailor a file for this disappearance and prolonged separation from his family” if he would not tone down his political and human rights activism. They were incensed by his legal, outspoken statements against Israel’s 2009 invasion of Gaza and his repeated reference to Israel’s use of phosphorus bombs against civilian populations in Gaza –including a majority of children. Spurious charges of espionage, the use of illegal interrogation techniques, and fabricated claims of evidence that evaporate in the open air seem to fulfill that threat to disappear Makhoul. Amnesty International has called his arrest and continued detention “pure harassment designed to hinder his human rights work.”

The Tasks at Hand for All of Us

The Committee for the Defense of Ameer Makhoul faces two urgent tasks. But first, we want to note what has already been achieved—despite all of the obstacles. A gag order against discussion of Makhoul’s case crumbled – thanks to appeals by the defense, community protest and solidarity and Israeli and foreign bloggers who ignored the order and opened the way to public pressure. The legal team has won important victories. Illegal practices of prison authorities that violated citizens’ right to counsel have been waylaid.

The obstacle presented by state prosecutors’ invocation of “secret evidence” to silence activists remains to be challenged and ultimately undermined. The incrimination of talking to foreigners must be challenged as well.  Already, it has become a tiny bit harder, we hope, for Israel to lock up intellectuals and activists under vague charges of “contact with a foreign agent” in the global village of the internet era.

Now, we have urgent and specific tasks at hand. The Committee for the Defense of Ameer Makhoul is working to mobilize legal and medical international observers for the trial of Ameer Makhoul and to raise funds to cover lawyer fees and related expenses for Makhoul’s defense. We have launched local publicity and fundraising campaigns to achieve those goals. We need your help to make our efforts even more effective.

We reach out to the friends of Ameer and supporters of his work on behalf of Palestinian citizens of Israel and human rights victims everywhere. At this critical moment, we ask for your direct involvement in the campaign for his freedom. Ameer’s trial is scheduled to proceed Tuesday October 5th.  The time is now for you to get involved.

All interested individuals and groups are invited to contact the Chairman of the Committee for the Defense of Ameer Makhoul: Dr. Hatim Kanaaneh, Phone- 972-(0)522-414 126.  email: kanaaneh at hotmail dot com

Checks can be made out to The Committee for Defense of Ameer Makhoul

Account details for direct bank transfers are as follows:

Arab Israel Bank- ltd.
Bank no.: 34.
Branch no.: 001 Haifa.
Beneficiary Name: The Committee for Defense of Ameer Makhoul- Haifa.
Account Humber  IBAN= IL 890340010000000818780  (8187/80)
Swift Code: Lumiilittlv- 794 Branch

Online Donations through Pay pal can be made here:

Free Ameer Makhoul–Facebook
Adalah
Ittijah

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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Shin Bet Claims Makhoul’s Hezbollah Spying Began in 2008, Yet Declared His Activism Legal in 2009 Interrogation

Friday, May 28th, 2010

I’m delighted to report that human rights activists around the world are beginning to understand the gravity of the Makhoul-Said case and rallying to their defense.  I expect in the coming week or so that more specific plans will be announced regarding international activism on behalf of these two Palestinian victims of secret police persecution.  The Shin Bet is clearly ratcheting up pressure on the entire Israeli civil society-human rights community, both Jews and Arabs, and wishes to turn this into a fight to the death.  The only way to counter such a massive undertaking is to organize both inside Israel and abroad a powerful movement that will demand accountability and transparency for everything the security apparatus is doing.  They must know that their every move will be scrutinized by the world human rights community. And when they fail to adhere to basic standards of justice and decency, they will be made to pay a price on the international stage.

israeli torture victimThere appears to be little that can embarrass Israel internally.  It rides roughshod over whatever domestic opposition there is to such trampling of individual rights and democratic values.  But there still is some leverage when Israel is made to understand it has overstepped a line in the eyes of the world.

Ynetnews reports in greater detail on the torture inflicted on Makhoul during his 12 days of intensive interrogation by the Shin Bet goons:

Mr. Makhoul declared in the Petah Tikvah Magistrate’s Court that particularly harsh interrogation methods were used against him, which harmed him psychologically and physically, and caused him to admit to the suspicions leveled against him even though he did not in fact do what he admitted to.”His lawyers said that during his detention their client was deprived of sleep and was interrogated almost without a break, while his hands and feet were tied in uncomfortable positions to a chair that was not of sufficient size and fixed to the floor. They said that when he complained of serious pain, the interrogators decided to tie him even tighter, and threatened that he would “leave the interrogation disabled,” and that he would “stay in the chair till he got hemorrhoids.”

Jonathan Cook quotes Makhoul’s wife:

“Thirty-six hours without sleep tied to a chair stuck to the floor.”

Laughably , the Shin Bet responds that when Makhoul was brought before a Shin Bet-approved judge and asked how he was feeling he didn’t indicate what he now claims.  What a surprise.  Knowing as he did that after leaving the courtroom the same goons would go right back to working him over, he chose discretion as the better part of valor.  Indeed, I would claim that the Israeli judicial system is not impartial, but rather an extension of the Shin Bet.  So any statement he made to an Israeli judge during this process should also be deemed to have no value or even meaning, since court was an extension of the torture chamber.

Besides, this is an account conveyed by the Shin Bet itself of what Makhoul did or didn’t say and as such it too much be held suspect unless it can be corroborated by a credible source with no self-serving agenda.

The Shin Bet has adopted the tactics of the dreaded Iranian Basij and thinks statements obtained under torture will convict a man.  Well, I’ve got news for them. Israel is not yet Iran.  And they will have a fight all the way to the Supreme Court on this if not beyond (if the Court refuses to apply its own previous rulings to this case).

I note that the list of prosecution witnesses listed Said as testifying against Makhoul and Makhoul as testifying against Said.  This is a pipe dream meant to conjure an image of the Palestinian rats fleeing a sinking ship.  Everyone, in their view, is out for themselves and they’ll all turn on each other when given half a chance.  The truth is that neither one of these men will likely testify against the other.  This is all just spook theatrics.

Jonathan Cook has also written:

Mr. Makhoul’s brother, Issam, a former MP for a joint Jewish-Arab party, told Israel Radio yesterday that Mr. Makhoul had been threatened by the Shin Bet back in January 2009, shortly after he organized protests against the Gaza attack.  The Shin Bet had told him that they would frame him and “make him disappear,” Issam Makhoul said.

…Mr. [Ameer] Makhoul told the paper [the National, also quoted here in Antiwar.com] at the time that a Shin Bet officer “called me a rebel threatening the security of the state during time of war and said he would be happy to transfer me to Gaza.”

About Makhoul’s current detention and mistreatment, Cook writes:

…The combination of methods, known in Hebrew as the “Shabeh,” created high levels of mental stress and acute, continuous physical pain, said Abir Baker, a lawyer with Adalah.  The interrogation method violates international law and was banned by Israel’s supreme court in 1999.

Hasan Jabareen, head of Adalah, said that, when Mr. Makhoul complained of serious pain, the interrogators tied him even tighter, threatening that he would be “left disabled.”

A human rights campaigner told me that the Shin Bet questioning happened during the protests against Israel’s invasion of Gaza in 2009.  He was questioned for three hours and threatened and warned that Shabak would ‘get him’, ‘make him disappear’ and would send him to Gaza.   Shabak told Ameer at the time that they knew his activities were legal but that if he crossed a line, they would come after him.  Ameer had written a lot about the intimidation tactics used against him and others and he foretold what would happen to him.

Compare this narrative with the one in the S.B. indictment, which claims that Makhoul began conspiring with a known Hezbollah agent in 2008, that is one year before the Shin Bet told Makhoul that his activities were legal:

In 2008, at a date not known exactly to the Accusing Party, the Accused conspired with Hassan to assist the Hezbollah Organization in its war against Israel…

I would maintain that nothing in Makhoul’s activities changed from the date of his 2009 interrogation that rendered them truly illegal.  Rather, it was the Shin Bet itself which changed its attitude toward Makhoul and indeed all Israeli Palestinian nationalist activism.  The security apparatus decided, indeed Yuval Diskin as I’ve noted specifically warned the Arabs in 2007 that his agency would do all in its power to destroy the movement and its leaders.  The current case is a direct outcome of this policy initiative.

A hauntingly beautiful song I’m researching presently. It appears to be written by William Nasser and dedicated to Palestinian resistance to the Occupation.

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Who is Hassan Jaja and Why is He a Shin Bet Forbidden Person?

Thursday, May 13th, 2010

Yesterday, I reported that Haaretz had inadvertently published secret information revealing that Ameer Makhoul and Omar Said met with a Lebanese, Hassan Jaja, who the Shin Bet claimed was a Hezbollah agent. Based on his family name Rechavia Berman and I assumed Hassan was a Maronite Christian and a family relation of Samir Geagea. Through the assistance of a friend of this blog, I’ve been able to ascertain why Hassan Jaja is considered a forbidden person for Israeli Palestinian citizens to contact.

First, let me correct the record: Hassan Jaja is not related to Samir Geagea.  While I do not yet know Jaja’s political orientation within Lebanese politics, it’s highly unlikely his Shin Bet status has anything to do with Hezbollah.  Rather, Jaja is married to the daughter of noted Palestinian historian Akram Zaitar.  Together, they founded a Jordanian environmental NGO, the Arab Group for the Protection of Nature (APN), whose mission is to repair environmental damage caused by the Israel’s wars in Lebanon and Gaza.  APN has signed an agreement to develop strategies to develop indigenous Palestinian farming.  Further, Geagea provided funding for Ittijah to buy the Haifa building which houses the organization’s offices.  He is also a noted human rights activist.

So there you have it: yet another attempt by the Israeli security services to drive a wedge between Israeli Palestinians and Palestinians outside Israel.  The Shin Bet seems to be frightened of indigenous leaders like Makhoul becoming too chummy with, and developing political alliances with external NGOs that might advance pan-Palestinianism, the notion that Palestinians on both sides of the Green Line may have common interests.

An Ittijah activist noted in Ynetnews that Makhoul’s arrest may have had something to do with his fundraising activities on behalf of the group.  So the fact that Jaja helped arrange for the funding to buy the Ittijah building is enough to make him an enemy of the State and Hezbollah agent.

When I found out Jaja was essentially an environmentalist I thought: “What possible danger could this man pose to Israeli security?”  But I guess if Spanish clowns and coriander can endanger the security of the State, why not a Lebanese environmentalist and food activist?

After you read this statement by Israel’s foreign minister, you tell me who is more of a danger to Israeli democracy (such as it is) Ameer Makhoul or Yvet Lieberman:

Foreign Minister Avigdor Lieberman on Tuesday commented on the arrest of two Arab public figures suspected of spying for Hezbollah. “There is far more than decisive evidence,” he said of the Shin Bet investigation of Ameer Makhoul and Omar Said.

“Our intelligence services are of the best in the world and are also very, very responsible people,” Lieberman said during a visit to Japan.

“Without serious, decisive evidence, they would not have taken such a step. I suggest all those countries and people who accuse us take a look in the mirror and a look at the norms of democracy in Syria, Lebanon, Saudi Arabia, and all the other countries. No one can preach morals to us.”

He added, “There is far more than general suspicions, and I suggest we really understand that there are quite a few people even here among us with the same values and world view as Iran, Hezbollah, and North Korea. They are much closer to the values of these countries that the values of a free democratic state like Israel. These people should be isolated from society.”

I hereby throw down the gauntlet to the foreign minister and security spooks and their supporters: provide a shred of evidence to support this lunacy or the claim that Hassan Jaja is affiliated with Hezbollah. I’ll be waiting.

Foreign Minister Avigdor Lieberman on Tuesday commented on the arrest of two Arab public figures suspected of spying for Hezbollah. “There is far more than decisive evidence,” he said of the Shin Bet investigation of Ameer Makhoul and Omar Said.

“Our intelligence services are of the best in the world and are also very, very responsible people,” Lieberman said during a visit to Japan.

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“Without serious, decisive evidence, they would not have taken such a step. I suggest all those countries and people who accuse us take a look in the mirror and a look at the norms of democracy in Syria, Lebanon, Saudi Arabia, and all the other countries. No one can preach morals to us.”

He added, “There is far more than general suspicions, and I suggest we really understand that there are quite a few people even here among us with the same values and world view as Iran, Hezbollah, and North Korea. They are much closer to the values of these countries that the values of a free democratic state like Israel. These people should be isolated from society.”

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Amnesty Says, ‘Hands Off Ameer Makhoul!’

Wednesday, May 12th, 2010
Janan Makhoul

Janan Makhoul, victim's wife, at today's demonstration outside court (Ido Erez)

Amnesty International released a statement today threatening to make Ameer Makhoul a prisoner of conscience unless Israel stopped its harassment of him:

Amnesty International has called on the Israeli authorities to end their harassment of a human rights activist whose week-long detention by the Israeli authorities was extended today.

…”Ameer Makhoul is a key human rights defender, well-known for his civil society activism on behalf of the Palestinian citizens of Israel,” said Philip Luther, Deputy Director of Amnesty International’s Middle East and North Africa Programme.

“His arrest and continued detention smacks of pure harassment, designed to hinder his human rights work. If this is the case, we would regard him as a prisoner of conscience call for his immediate and unconditional release.”

Ameer Makhoul protest

Supporters of Makhoul Petah Tikva court

This is precisely the type of outside pressure which may get the bullies in the Shin Bet to back off.  The other type of pressure is exposing as much of the so-called secret evidence that is still under wraps.  I welcome any sources coming forward with tips or credible information about what is still under seal in this case.  As I noted earlier today, Haaretz apparently inadvertently broke the gag by revealing that at least one of the “forbidden” contacts Makhoul and Said had was with Hassan Jaja, who the S.B. strangely claims is a Hezbollah agent despite the fact that he lives in Amman and has no affiliation with the group.  So much for the S.B. creating a credible narrative for Makhoul’s alleged spying.

An Ittijah staff member told Ynetnews how the Shin Bet develops and administers its list of forbidden contacts.  And it’s a wonder of authoritarian caprice:

Ittijah (the Union of Arab Community-Based Associations) – an umbrella group for Arab NGOs in Israel which Makhoul heads – explained Monday that as part of his job description the writer met with many officials…

“Ittijah holds a list composed by the State of Israel, of which organizations are permitted for contact and which constitute breaking the law,” said Wakim Salame, a member of the organization’s managing committee.

She said it was “absurd”, however, that at times Israel lit upon an organization head whose views were not in line with the state’s, and suddenly changed his status to “hostile”.

“Suddenly, when you meet him at a convention, it becomes a meeting with a foreign agent and espionage. From time to time it changes. Once it was the PLO and then the Popular Front – now it’s a trend to say an agent from Hezbollah,” she said.

“The conferences he attends around the world are not like the Israeli ghetto,” said Jafar Farah, who heads the Mossawa Center, an Israeli-Arab NGO. “There are also Iranian, Lebanese, and Iraqi lobbyists present there. Naturally conversations are started and even friendships. No one checks whether the people we speak to are on some Israeli blacklist.”

Apparently, what Israeli Palestinians need to do is carry this list of forbidden interlocutors with them whenever they leave the country and before they so much as nod hello to anyone they should consult the list to determine their status. That is, if they even know the name of the individual to whom they’re waving. Otherwise, nodding hello can become a costly act of human concourse.

Today, the Israeli court approved Makhoul’s incarceration for another five days prolonging the prohibition from consulting his attorney (national security suspects can be denied counsel for up to 21 days under Israeli law).  At today’s demonstration of Jews and Palestinian Israelis outside the court, Ynetnews quoted this disgruntled passerby who was nettled by any expression of solidarity between Jews and Arabs:

“I don’t have a problem with the Arabs, it is their right to protest, but what bothers me is that Jews are protesting with them. They should be locked in a dungeon for life,” one bystander said.

This is ‘democracy’ Israel-style.

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Makhoul Secret Court Documents: Gag Order and Ruling Partially Lifting It

Tuesday, May 11th, 2010



Judge Ron's April 22nd original Makhoul gag order

Thanks to some sterling unnamed Israeli sources, I’m displaying both the original April 22nd gag order signed by Judge Einat Ron against Ameer Makhoul and the May 10th decision (pdf) partially lifting the gag order.  As far as I know these documents have not yet been published in Israel [correction: the May 10th decision is not secret and has been published at 7th Eye & quoted in several Israeli papers; the April 22nd gag order has not been published and was secret till now].  I hope they now will be by courageous journalists (perhaps unlikely) and bloggers (more likely).  Discussion has begun within the Israeli press about the efficacy of such use of secret proceedings.  I hope these documents may contribute to that process.  There is absolutely no justification in this case or so many like them for using such draconian measures against citizens exercising their legal rights to express their political views within an alleged democracy.

I thank Dena Shunra and Moshe Neeman (Israeli Occupation Archive) for their help in translating the following documents. First is the April 22nd gag order submitted by the police to Judge Ron and excerpted:

1. The Israel Police is conducting an investigation which involved suspicions of security crimes regarding contact with a foreign agent and espionage, under titles 114(i), 112(i) of the Penal Code 5737-1977 are being investigated.

2. Any publication about the investigation or any detail being investigated could harm the security of the state, the investigation, obstruct and prevent the discovery of evidence for the proof of criminal offenses and establishing the facts.

In light of all of the above, we ask the Court to hold the hearing behind closed doors and that an order prohibiting publicasion be given for a period of 90 days, which would prohibit any publication about the investigation…as well as any of the details of the investigation or the fact of its existence and any hearing and court decisions heard in the past or to be heard in the future about the subject being investigated.

Additionally, we ask that the order direct a ban on publicizing the fact that this petition was filed, the content thereof, the fact of the existence of the order, and any other publication which could lead to the identification of the respondent, witnesses, and additional suspects and persons involved…to the publication of their pictures, their addresses, or any other identifying detail.

In order to permit the enforcement of the order we ask for authorization to make known the fact of its existence to the various media, as necessary, for their information only (without publication by the media that there is an order banning the publication of a security affair.)

Signed,
[Police] Superintendent Saar Shapira

Judge Ron notes her approval of the order at the bottom of the document. By the way, it was submitted the same day she approved it. If you’re a lawyer you’ve never heard of such expeditiousness in a court, where cases normally take months or even years before decisions are rendered. She interestingly approves the order for 30 days rather than the 90 requested by the police. I presume even she feels she has to show a measure of “toughness” so as not to appear the pushover she is.

Here is Judge Ron’s approval:

Having heard the representatives of the petitioner and been persuaded that publication of the affair at this stage could materially harm the security of the state and of the investigation, I find that [it is appropriate to] grant the petition – as made.

Note that the document does not offer any specific evidence to the judge nor do her notes indicate that she has seen any. In other words, she has either granted the request without proof; or she has seen proof but declined to even indicate she has. Since she does not say the latter we can only assume she hasn’t seen any evidence. So how can she justify the claim that the suspects damaged the security of the state or that suppression of news about their case can be justified on such grounds?

Here are excerpts from the May 10th decision partially lifting the gag order. Note a few things. First, she clearly confirms that the exposure of the gag here, in Facebook, and other websites renders the gag obsolete. Second, she lifts the gag only partially and in a very limited way. Signficant details are still under wraps. For example, Haaretz for a few minutes published on its website the name of the Lebanese individual Makhoul and Said met with who is alleged to belong to Hezbollah. That information is still under seal along with much else:

…Significant developments have occurred in this case: suspects were arrested and apparently, as often happens in such cases, there were repercussions, and as the gag order does not apply outside of Israel, most of the repercussions of this case were heard in foreign sources and publications abroad.

It will be stressed here that the reasons for handing down a gag order or reducing or removing such an order do not take into account the foreign publications, abroad. As is well known, with the development of technology nowadays such publication cannot be prevented, despite the existence of the order prohibiting them – and especially, such publications cannot be prevented outside of the State of Israel. However, simultaneously, it is clear that this cannot lead to a condition where no gag orders would be issued at all when there is great risk of both damage to the security of the state and material damage to the needs of the investigation, which is sensitive, complex, and has many ramifications.

The considerations for issuing the order will always reflect the issue specifically, and due to those tests mentioned and stated above, taking into consideration the limitation mentioned and knowing that publication in foreign sources does not necessarily verify the information published and cannot confirm that such information is true.

[…] In light of these developments it is possible to narrow the gag order handed down in this case as follows:

Ameer Makhoul of Haifa, born in 1958, was arrested on 6 May 2010 on suspicions of having had contact with a foreign agent […] and espionage [penal code titles omitted]

Omar Said of Kafr Kana, born in 1960, was arrested on 24 April 2010 [same suspicions, code refs]

Under the suspicions mentioned above, the alleged crimes of both suspects were carried out with the Hizballah organization.

The gag remains in force on all details excepting the above until 21 May 2010.

I would very much like to know who they met with and what, if any, connection to Hezbollah this individual has. Of course, I’d also like to know specifically what they discussed. The Shin Bet knows all this and until they provide any supporting evidence their case remains suspect.

I’m also featuring above the first TV news coverage of the Makhoul-Said arrest which includes excellent and disturbing interviews with Makhoul’s wife describing the abuse to which she was subjected by Israel’s intrepid secret police.

Also, here’s a very good column by Brad Burston imaging what Israel would be like if it were run by the secret police (it isn’t of course, “Wink-wink nudge-nudge know what I mean?”).

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