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Posts Tagged ‘jared malsin’

Shin Bet Dupes Malsin into Deportation

Thursday, January 21st, 2010

Jared Malsin duped into vacating deporation order (Maan)

I knew something was fishy in the Malsin deportation case.  Yesterday, an Israeli judge accepted a signed document allegedly from Jared Malsin, an American Jewish editor for the Palestinian Maan news agency, which purported to claim that Malsin wished to vacate his appeal of his deportation order.  On the strength of what turns out to be a fraudulently conveyed document and without consulting the victim or victim’s attorney, the Israeli judge dismissed the appeal.  Israel promptly turned around and expelled Malsin on the next flight to New York.

This is a terrible miscarriage of justice in which an Israeli judge was a willing participant.  Here is what Malsin told Maan:

Upon landing in New York on Thursday, Ma’an News Agency’s Jared Malsin, a US citizen, said Interior Ministry staff pressured him into dropping a legal challenge against his deportation order just two hours after his lawyer left for the day.

After signing a hand-written letter that Malsin said he believed was a “formality,” ministry staff sent the paper to District Judge Kobi Vardi, who had presided over Malsin’s case, and the judge decided to lift the stay of deportation order…

“None of this was my decision,” he [Malsin] emphasized in a phone interview minutes after arriving at John F. Kennedy International Airport early Thursday morning local time, rejecting reports that he left Israel voluntarily. “There’s no such thing as a voluntary deportation. I was deported, period.”

Hours earlier, in an armored car en route to the plane, Malsin said he was unaware there were legal implications to the paper. “I had no idea I was waving anything, no clue,” he said, explaining how Interior Ministry officials coerced him into creating a legal document to withdraw his case without an attorney present, and offered a misleading explanation over what he was signing.

The document apparently indicated Malsin was leaving the facility “without personal coercion.” But Malsin said he was under the impression that the papers he signed would allow him to simply leave the airport while his case continued in Israel.

Unfortunately, Malsin does not know Hebrew (it’s a very good idea if you want to be an editor in Israel or the Territories that you learn some Hebrew) and even more unfortunately, he signed papers trusting what a Shin Bet official told him about them was the truth.  A fatal mistake.  Again one you’d think a seasoned reporter in the Territories would not make.  But given that he was all of 25 and had suffered incarceration for eight days, perhaps an understandable one.

So Jared Malsin was deported.  The Shin Bet lied and committed a miscarriage of justice and Judge Kobi Vardi was a willing participant in the legal charade.  This isn’t even kangaroo justice.  It’s monkey justice and makes a mockery of the word (justice).  Congratulations Israel, you’ve done it again.  Sullied your reputation when there was absolutely no need to do so.  So much for Israel’s vaunted democratic values and appreciation for the right to a free press.

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Malsin Agreed to Deportation Under Duress

Wednesday, January 20th, 2010

Let’s be clear about what happened to Jared Malsin before Israeli hasbara lays down its marker.  The Shin Bet is responsible for subjecting a professional journalist to inhuman detention conditions in virtual solitary confinement, with minimal contact with his attorney and almost no contact with family, in a darkened room with only a meager suitcase worth of possessions.  No showers, no change of clothes, no writing implements, no books or newspapers.  Subject to the whims of his jailers.

Under these deplorable conditions apparently, Malsin caved and voluntarily (if you can believe the government’s position) agreed to leave Israel, thus acceding to Israel’s original intent to expel him from Israel for his critical reporting on the Israeli Occupation for the Palestinian Maan news agency:

Castro Daoud said his client, Jared Malsin, chose to leave because “he could no longer endure the conditions of his detention.”

Further, an Israeli judge accepted at face value a legal document purportedly signed by the victim requesting that he vacate his appeal of deportation without guranteeing from the victim’s own mouth that he signed the document willingly.  Malsin signed this document while being deprived of contact with counsel a fundamental right under most democratic governments (outside Israel).  Nor did the judge even confirm with the man’s attorney any of the particulars of the signing.  This all reeks of the comfy relationship between Israeli justice and the security establishment.  Judges have no interest in prying too closely into the business of the Shin Bet.  They’d just as soon wash their hands of sticky cases like this one.  Malsin’s alleged petition presented him a convenient way of getting out of it.

You can’t quite call Malsin’s treatment torture since there was deprivation and emotional abuse but apparently no physical abuse.  But it is the worst form of duress.  One doesn’t expect 25 year old Americans, no matter how strong their principles, to withstand eight days of mistreatment as Malsin did.  Perhaps he broke.  No doubt relentless forms of emotional gamesmanship were utilized by the Israelis to get the result they wanted.  The Shin Bet is quite adept at this.  Perhaps Malsin thought he got a deal of some sort from the authorities who would’ve wanted to avoid the opprobrium accompanying the forcible detention of a journalist from Israeli territory, though it wouldn’t be worthy the paper it wasn’t written on.

I urge Malsin to make a public statement as soon as possible to clarify what happened.  No matter how badly he was treated and whatever he may feel about how his ordeal ended he has too many international supporters who rallied to his defense who seek to know what happened and why he abandoned his case.

He left Israeli earlier today on an El Al flight for New York.

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Confusion as Israel Deports American-Jewish Journalist Malsin

Tuesday, January 19th, 2010

The last I’d heard yesterday night in the case of Jared Malsin, the Israeli judge had agreed to hold a hearing into the government attempt to deport him as a supposed security risk.  This appeared to be a hopeful sign.  But now everything has come toppling down and at first glance it appears that Malsin himself may have agreed to his own deportation.

The editor’s employer, the Palestinian Maan news agency released a confusing and somewhat contradictory press release which probably reflects the fact that the Israeli government whisked Malsin out of the country without any contact with his attorney, family or anyone.  At any rate, this is what the press release says:

Israel to deport Ma’an journalist at 6:15am Thursday

At 11:30am on Tuesday, Tel Aviv District Judge Kobi Vardi called for a hearing into the deportation against Ma’an journalist Jared Malsin. Following the call, Ma’an lawyer Castro Daoud went to the airport holding facility where Jared has been kept for the past week to give him the news.

Daoud left Jared at 2:30pm and filed a motion with Justice Vardi requesting that Jared be able to leave the country and have the hearings proceed in his absence. Since the Israeli Attorney General’s Office insisted Malsin not be present for his hearing, Daoud argued that it was no longer necessary to keep Malsin cooped up in the airport cell.

At 4:30pm staff from the US Embassy in Tel Aviv notified Malsin’s parents in New Hampshire that he would be on the next flight to Prague, even though Justice Vardi had not ruled on Daoud’s motion to let him travel and still pursue the case.

At 7:30pm Daoud received notification from Justice Vardi that he had received a motion signed by Malsin requesting his deportation order be annulled, and that he be allowed to take the next flight back to Prague.

Justice Vardi has closed the case on Malsin’s deportation order…

Malsin’s parents have been denied phone access to their son, and US consular staff were unable to communicate when the journalist would board a flight.

Ma’an is concerned that there was no lawyer present when Malsin reportedly filed this independent motion, sent from the Israeli Ministry of the Interior and not his legal representative. Ma’an is equally concerned at the inability of Malsin’s parents or girlfriend to reach him to communicate the situation

What’s confusing is the headline indicating Malsin would be deported Thursday which doesn’t correspond to any information in the rest of the release.  I’m not sure what the attorney and Malsin were thinking in filing a motion to fight his deportation after leaving the country.  This would appear to defeat at least in part, the purpose of the entire proceeding (though again I’m not privy to the thinking of any of the parties).  It’s possible this was what set in process an offer from the Interior Ministry to Malsin to abandon the deportation order if he would willingly leave the country.

Of course, no one can know what happened when Malsin allegedly signed the order requesting cancellation of his deportation.  It’s passing strange that the government allowed no legal representative to be present when this document was signed.  Even stranger that the government whisked him out of the country without permitting him to speak to anyone.  Of course, this is the type of behavior one would expect from a police state, a place like Iran or North Korea or China or Russia–and now, Israel.  Mazel tov, Israel.  You’ve joined the ranks of the most opaque violators of civil liberties and press freedom.  And you get to argue thanks to this little shenanigan that you didn’t violate anyone’s rights since technically you didn’t deport him.

Though I hesitate criticizing Malsin before the facts are known, I simply don’t understand how he could’ve agreed to this.  He fought the deportation for a week, endured rotten detention conditions.  Then just before he was to have a hearing in his case, he abandoned the whole campaign.  It just doesn’t make sense.  It would appear that Malsin has been completely outmanuvered by the Shin Bet.

I presume facts will become clearer in the coming hours.  But suffice to say that all of us who’ve campaigned on Jared Malsin’s and Maan’s behalf in this case are mystified, confused and disappointed that it ended not with a bang, but with a whimper.

Oh, and Israel, you’ve just reduced your rank 20 or so places in the Reporters Without Borders Freedom Index.  This year, it was 94 out of 175 (150th in the Territories).  Next year, the ranking should be quite a bit lower.  So much for the Only Democracy in the Middle EastEast™.

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Israeli Judge Calls for Full Hearing in Maan-Malsin Deportation Case

Monday, January 18th, 2010

Tel Aviv district judge Kobi Vardi calls for hearing on Malsin expulsion order

UPDATE: Judge Vardi has just ruled against the Israeli attorney general who argued that Jared Malsin should be immediately deported as a security risk.  The judge found that there might be grounds to overrule the Ministry of the Interior’s decision to deport him based on its claim that the reporter “failed to cooperate.”  One hopes the judge will also find reason to insist that the defendant also be present for the hearing.

*  *

Israeli judge Kobi Vardi, who is hearing the case filed by Palestinian news agency Maan, seeking to prevent the Israeli government from deporting American-Jewish editor Jared Malsin, asked for the defense to reply to the government’s filing.  Malsin is in his sixth day of detention at Ben Gurion Airport in a windowless room with nothing except a small suitcase.  Israel refuses to move him to a proper facility within Israel in order not to upgrade his legal status in the eyes of the court.

The attorney general filed papers defending the deportation order with the judge, who could have immediately ruled in the government’s favor.  Instead, he asked for the defense to reply, which allows Malsin’s team to fight on another day.  The judge could ask for a full hearing and demand that the government produce Malsin as a witness in his own defense; or he could deport him.  If he does, Malsin has recourse to the Israeli Supreme Court, though he would continue to be detained till his case could be heard.

The claims against Malsin by the government, which I’ve outlined earlier, are a smokescreen.  They clearly want to punish English language media reporting that contravenes the government line.  They want to criminalize Palestinian media sources and muzzle them in any way they can.

Governments have great discretion when it comes to immigration issues.  They may admit or exclude anyone for pretty much any reason or none.  But one would hope that even a government as tone-deaf to civil liberties as this one might realize that deporting a reporter merely because his work has been a thorn in the side of the government doesn’t look good for the self-described Only Democracy in the Middle East™.

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Israeli Hearing on Deporting Maan Reporter

Sunday, January 17th, 2010

Malsin meeting with U.S. consul general Daniel Rubenstein under happier circumstances (Maan)

On Sunday morning, Tel Aviv District Court judge Kobi Vardi will hear the case of Jared Malsin, the American Jewish journalist serving as English editor for the Palestinian Maan news agency.  The Shin Bet seeks to expel him from Israel as a security risk because he secured a visa by indicating (falsely they claim) that he might take Israeli citizenship via the Law of Return and because he originally came to Israel on a Birthright trip (among other reasons).  None of the reasons listed can legitimately be terms a “security threat” to Israel or anyone else.

The judge can rule on the spot to deport Malsin or free him.  Or he can call for a full hearing later in the day.  If the judge decides to deport the journalist, then the defense has the option of appealing to the Supreme Court.  The difficulty in this is that the detainee will remain in Israeli detention for the duration until his hearing.  Currently, Malsin is being held in a small cell with blacked out windows and access to nothing other than the small suitcase he had when he returned from his Prague vacation.  There is no indication that Israel is prepared to move him to less punishing accommodations.

The International Federation of Journalists released this statement:

“We condemn this intolerable violation of press freedom,” said Aidan White, IFJ general secretary. “The ban of entry in this case appears to be a reprisal measure for the journalist’s independent reporting and that is unacceptable.”

“Journalists cannot be sworn to support governments in order to gain entry into countries,” White added. “This kind of interference has no place in a democracy.”

My blog colleague, Ray Hanania, of the National Arab American Journalists Association released this statement:

“Any action to censor or restrict or threaten or intimidate journalists for the sole ‘crime’ of expressing an opinion or covering stories frowned on by the occupation government is a violation not only of international law but a violation of Israel’s claim to be Democratic and fair,” said Ray Hanania, Chicago coordinator of NAAJA, which has issued formal letters to Israel’s embassy in Washington, to US Secretary of State Hillary Clinton, and to Israel’s Ministry of Information in Jerusalem.

“NAAJA is not only calling on Israel to immediately release Jaslin, but also urging Israeli journalists who claim to be objective and concerned about free speech, Democracy and the accuracy in reporting to also publicly protest the arrest,” he added.

Speaking of which, the Israeli Jerusalem Association of Journalists, while affirming the right of journalists to report freely from Israel (and not necessarily defending Malsin himself), attached this unintentionally ironic statement:

The JAJ warned against campaigns which have a political motive and “ try to portray Israel as a state without media freedom.”

Seems to me you have a wee problem, Israeli journalists.  You claim that in general you support freedom to report from Israel regardless of favoring or opposing government policy.  Yet you won’t specifically defend Malsin and you want to claim that his case does not mean that “media freedom” is absent in Israel.  You can’t have it both ways.  If there IS media freedom, then you defend Malsin and insist that Israel free him to be a journalist and do his job.  If there isn’t, then you refuse to defend Malsin and accept his deportation when or if it happens.  Let us see what transpires.

Those wishing to support Malsin and who are Americans should write to Hillary Clinton and your Congressional representatives as both Malsin and his girlfriend, who WAS deported, are U.S. citizens.  You should also blast your local Israeli consular office.

Malsin’s partner, Faith Rowold, a Lutheran Church volunteer was deported to Prague after being detained with him at Ben Gurion.  She released this statement about the general harassment by the Shin Bet and immigration officials of foreign aid workers in the West Bank:

“Israel is really making it difficult for humanitarian organizations and churches to do their work in Israel and the Palestinian Territories,” Ms. Rowold commented.  “It seems like Israel especially discriminates against organizations that are working with Palestinians or in the Palestinian Territories, making it difficult for workers and volunteers to get the visas they need to stay and do their jobs.  So many people are on tourist visas now, leaving every three months and hoping to get back in.  It is really an insecure situation and it makes long-term planning impossible.”

It has also been reported that approximately 100 church and NGO workers who had previously held B1 work visas from Israel had been denied renewals.  Some were given 6-month tourist visas instead, which do not legally allow the holder to work in Israel.

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Shin Bet Seeks Expulsion of American-Jewish Journalist Working for Palestinian News Agency

Friday, January 15th, 2010

Jared Malsin, American-Jewish journalist in Palestine threatened with expulsion (BBC)

The Only Democracy in the Middle East™ has struck again: the English editor for the independent Palestinian news agency Maan, American Jared Malsin, was detained along with his girlfriend at Ben Gurion airport on his return to Israel from a European vacation.  During the detention it became clear that the Shin Bet intended to expel him from Israel as a security risk.  It provided no justification whatsoever.  And when Malsin notified the U.S. embassy of his predicament and they called to inquire, security officials lied by claiming neither individual was in custody and that they were probably “enjoying a night on the town in Tel Aviv” and had simply forgotten to notify them.

Look, I understand this is garden variety harassment when it comes to Israel.  Palestinians are treated far worse.  Indeed, three Gaza journalists were killed during Cast Lead, one by an Israeli tank shell fired despite the victim being clearly marked as a journalist.  But what stands out here is the sheer effrontery of Israel’s Interior Ministry expelling a U.S. citizen and journalist from its shores merely for reporting inconvenient facts about Israel’s maintenance of the Occupation.  The security establishment doesn’t shrink from tangling with Israel’s most important ally nor from violating one of the most treasured traditions of western democracies: freedom of the press.

Maan quickly filed an injunction staying the expulsion order and the Israeli attorney general filed for the court to remove the stay.  Luckily, the Israeli district judge refused to lift the stay and Malsin will live to fight another day, but barely.  Unless there is a furious outcry both from inside and outside Israel chances are a judicial system inherently biased in favor of state power when it comes to security issues will likely acquiesce with the decision to expel the journalist.

Since he was arrested Tuesday, Malsin has been allowed only one 20 minute meeting with his lawyer and permitted contact with a single U.S. consular official.  His personal belongings have been put in herem and he is not allowed access to them (when Malsin first boarded the flight back to Israel in Prague, security agents confiscated his cell phone so he could not inform his employer or U.S. diplomats of his situation).

Lying scumbag PR flack Mark Regev labelled as “absurd” claims that the action comes in retaliation for Maan’s coverage of rather unpleasant events like the weekly Bilin anti-Wall protests at which several Palestinians and an American have been murdered or maimed with severe brain injuries.  But Israeli immigration officials seem not to have been on the same page:

…The official explanation offered by the country’s own immigration department cited news stories Malsin had authored “inside the Territories,” among them some which “criticized the State of Israel.”

The Interior Ministry makes the vague claim he was detained because he was ‘uncooperative’ during questioning:

An official report on the questioning, which Maan said it had received from the court, accused Mr Malsin of failing to arrange the correct visa, but did not give details.

It said he was suspected of “exploiting the fact that he is Jewish to gain a visa”.  This was apparently on the basis that, when seeking a visa extension previously, he had told Interior Ministry officials he was exploring the option of emigrating to Israel, but had written articles critical of the country.  By law Jews from around the world are eligible to emigrate to Israel.

The report also said Mr Malsin had refused to give the name of the friend he said he lived with in the West Bank.

This might have made Israeli officials even angrier:

…Mr Malsin, a graduate of Yale University, had initially come to Israel on the Birthright programme, which funds visits to Israel for young Jewish Americans.

Mr Malsin had never overstayed a visa, except for his most recent one, which was a few days overdue and that he had been told by officials this did not matter, Mr Hale said.

Whoa, biting the hand that feeds, Mr. Malsin.  You’re only allowed to come on a Birthright tour if you expect to make aliyah or return to the States to make Jewish-Zionist babies.  It’s simply bad form to take the free trip AND exploit the Law of Return in order to write nasty articles about Israel.  If he had only gone to work for Israel HaYom, he would’ve been welcomed with a ticker tape parade and given the keys to the kingdom or a settlement or two.

Maan even reports that some Israeli officials have expressed concern and opposition to the violation of press freedoms.

Several major press freedom NGOs have expressed support for Malsin:

The New York-based Committee to Protect Journalists, which monitors freedom of the press worldwide, urged Israel to refrain from taking punitive action against reporters over specific content in their work. “Israel cannot hide behind the pretext of security to sideline journalists who have done nothing more than maintain an editorial line that the authorities dislike,” the organization said.

The 2009 Reporters Without Borders Press Freedom Index ranks Israel 93rd (out of 175) behind other Middle Eastern countries like Kuwait, Lebanon and United Arab Emirates.  Press freedom in the Israeli Occupied Territories is ranked 150th.  Now we see a perfect example of why.

Malsin’s girlfriend, a Lutheran peace activist, has already been deported by Israel.  She, alas, was not a journalist and had no protections from Israel’s wrath.  And Israel didn’t even have to explain what sort of security risk she posed as a Christian adherent of non-violence.

H/t to Rupa Shah.

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