31 oct 2018
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YASAM cop Moshe Cohen who was documented beating truck driver Mazen Shweiki in east Jerusalem in 2017 is ordered to pay him NIS 8,000 in compensation; Shweiki: 'I waited for Cohen to call me and apologize, but he didn't.'
Jerusalem Magistrate's Court sentenced Wednesday Moshe Cohen, a YASAM squad (Israel Police Special Patrol Unit) policeman who assaulted two Arabs in Wadi al-Joz in east Jerusalem in 2017, to 380 hours of community service. Cohen was documented brutally attacking truck driver Mazen Shweiki and another complainant, and was convicted of aggravated assault. |
The YASAM policeman was ordered to pay Shweiki NIS 8,000 in compensation and NIS 3,000 to the second man he had attacked.
The prosecutor of the Police Internal Investigations Department asked to delay the sentence in order to review the possibility of filing an appeal, saying "Following this incident, the public has lost its trust in the police."
Cohen's attorney Avi Himi said that "The court's ruling indicates it has taken into account my client's vast contribution to society during his years as a policeman as well as the heavy price he had paid due to his actions, for which he expressed and still expressing profound remorse and sorrow."
A video of the incident shows the police officer yelling at the man, a truck driver, with the argument later escalating to physical violence.
The police officer is seen headbutting the driver, kicking him and swearing at him.
The video shows the police officer also kicking another person who was on the scene.
After the sentence was given, Shweiki said that not a day has gone by without him thinking about the assault.
"I see a policeman and I'm afraid to come near him. Sometimes I'm afraid to leave the house, thinking I'll be beaten again.
"I'm 50-years-old, a father and a grandfather and I feel embarrassed when people ask me, 'why didn't you respond when the police officer beat you?' I just want my old life back.
Shweiki added that "I waited for Cohen to call me and apologize, but he didn't. I want to hear him say why he did it. I was humiliated."
During the previous court hearing that took place three weeks ago, Cohen took the witness stand and apologized for his actions, adding he would like to ask for Shweiki's forgiveness.
The YASAM police officer was fired from the police and went to trial as a citizen.
"Since the incident I've been experiencing many hardships on the personal level, as a man and as a father of children," Cohen explained.
"I consider myself as a moral person and it's hard for me to see someone else suffering, let alone when I caused this suffering," he lamented.
Cohen, who served as an officer in the elite Duvdevan unit before joining the YASAM, explained that two months prior to the incident his friend was murdered by a terrorist and another friend was wounded.
Several days before the assault Mazen had damaged the Cohen’s parked private vehicle and driven off. Cohen later tracked him down and initiated the confrontation.
Several passersby tried to calm the police officer down, to no avail. "Get lost, all of you!" the officer is heard yelling at anyone who tried to interfere, swearing at them and threatening them as well.
The prosecutor of the Police Internal Investigations Department asked to delay the sentence in order to review the possibility of filing an appeal, saying "Following this incident, the public has lost its trust in the police."
Cohen's attorney Avi Himi said that "The court's ruling indicates it has taken into account my client's vast contribution to society during his years as a policeman as well as the heavy price he had paid due to his actions, for which he expressed and still expressing profound remorse and sorrow."
A video of the incident shows the police officer yelling at the man, a truck driver, with the argument later escalating to physical violence.
The police officer is seen headbutting the driver, kicking him and swearing at him.
The video shows the police officer also kicking another person who was on the scene.
After the sentence was given, Shweiki said that not a day has gone by without him thinking about the assault.
"I see a policeman and I'm afraid to come near him. Sometimes I'm afraid to leave the house, thinking I'll be beaten again.
"I'm 50-years-old, a father and a grandfather and I feel embarrassed when people ask me, 'why didn't you respond when the police officer beat you?' I just want my old life back.
Shweiki added that "I waited for Cohen to call me and apologize, but he didn't. I want to hear him say why he did it. I was humiliated."
During the previous court hearing that took place three weeks ago, Cohen took the witness stand and apologized for his actions, adding he would like to ask for Shweiki's forgiveness.
The YASAM police officer was fired from the police and went to trial as a citizen.
"Since the incident I've been experiencing many hardships on the personal level, as a man and as a father of children," Cohen explained.
"I consider myself as a moral person and it's hard for me to see someone else suffering, let alone when I caused this suffering," he lamented.
Cohen, who served as an officer in the elite Duvdevan unit before joining the YASAM, explained that two months prior to the incident his friend was murdered by a terrorist and another friend was wounded.
Several days before the assault Mazen had damaged the Cohen’s parked private vehicle and driven off. Cohen later tracked him down and initiated the confrontation.
Several passersby tried to calm the police officer down, to no avail. "Get lost, all of you!" the officer is heard yelling at anyone who tried to interfere, swearing at them and threatening them as well.
Mamdouh Amro
Mamdouh Amro was convicted of manslaughter instead of murder of Eliav Gelman, an off-duty IDF reservist officer who was killed by stray bullet meant for terrorist while helping to neutralize him; court finds Amro responsible for the death, but majority opinion determines it was not possible to prove intent.
The Judea Militart Court acquitted terrorist Mamdouh Amro of murder on Wednesday, convicting him instead of manslaughter for the death of off-duty IDF officer in reserves Eliav Gelman, who was hit by a stray bullet aimed at the terrorist.
In February 2016, Mamdouh Amro, 26, from the Hebron-area village of Dura, arrived by foot at the Gush Etzion junction. After arousing the suspicion of troops stationed there, he started running toward the bus stop at the junction while brandishing a knife. Gelman was among the civilians at the bus stop.
He drew his firearm and charged at the terrorist. While helping neutralize the terrorist, Gelman was hit by a stray bullet aimed at the terrorist and was killed.
The court found Amro responsible for Gelman's death, as the gunfire was the result of his actions. But while one judge supported convicting the terrorist of murder, the other two determined it was not possible to prove the terrorist arrived at the scene of the attack with the intention to kill.
Gelman's family called on the judges to sentence the terrorist to death. "Even if the terrorist's hands and feet are cut off, and he's left to rot and die in agony, it won't change our situation, it won't comfort or despair, and it won't calm the pain," the family said. "We demand the death sentence. The issue of capital punishment to terrorists is of national and public important, it's for the benefit of the people of Israel—so every damned man or woman trying to harm a Jew know that is the punishment."
Mamdouh Amro was convicted of manslaughter instead of murder of Eliav Gelman, an off-duty IDF reservist officer who was killed by stray bullet meant for terrorist while helping to neutralize him; court finds Amro responsible for the death, but majority opinion determines it was not possible to prove intent.
The Judea Militart Court acquitted terrorist Mamdouh Amro of murder on Wednesday, convicting him instead of manslaughter for the death of off-duty IDF officer in reserves Eliav Gelman, who was hit by a stray bullet aimed at the terrorist.
In February 2016, Mamdouh Amro, 26, from the Hebron-area village of Dura, arrived by foot at the Gush Etzion junction. After arousing the suspicion of troops stationed there, he started running toward the bus stop at the junction while brandishing a knife. Gelman was among the civilians at the bus stop.
He drew his firearm and charged at the terrorist. While helping neutralize the terrorist, Gelman was hit by a stray bullet aimed at the terrorist and was killed.
The court found Amro responsible for Gelman's death, as the gunfire was the result of his actions. But while one judge supported convicting the terrorist of murder, the other two determined it was not possible to prove the terrorist arrived at the scene of the attack with the intention to kill.
Gelman's family called on the judges to sentence the terrorist to death. "Even if the terrorist's hands and feet are cut off, and he's left to rot and die in agony, it won't change our situation, it won't comfort or despair, and it won't calm the pain," the family said. "We demand the death sentence. The issue of capital punishment to terrorists is of national and public important, it's for the benefit of the people of Israel—so every damned man or woman trying to harm a Jew know that is the punishment."
Eliav Gelman
Attorney Haim Bleicher from the Honenu NGO, who has been providing the family with legal counsel, rejected the court's ruling, saying "the attempt to seek intention by a terrorist, when it's clear that terrorist is part of those seeking to exterminate Israelis, is incomprehensible and unacceptable. The terrorist's objective was to murder, and unfortunately he was able to achieve this goal. We call on the prosecution to appeal the ruling, so that the murderous terrorist is punished."
Defense Minister Avigdor Lieberman echoed these sentiments, writing on Twitter: "I believe, just like the military prosecution and the president of the Military Court, that a terrorist who runs brandishing a knife in an effort to murder soldiers and civilians should be convicted of murder. Clear and simple. And I'm sure in the end, this is what's going to happen."
Attorney Haim Bleicher from the Honenu NGO, who has been providing the family with legal counsel, rejected the court's ruling, saying "the attempt to seek intention by a terrorist, when it's clear that terrorist is part of those seeking to exterminate Israelis, is incomprehensible and unacceptable. The terrorist's objective was to murder, and unfortunately he was able to achieve this goal. We call on the prosecution to appeal the ruling, so that the murderous terrorist is punished."
Defense Minister Avigdor Lieberman echoed these sentiments, writing on Twitter: "I believe, just like the military prosecution and the president of the Military Court, that a terrorist who runs brandishing a knife in an effort to murder soldiers and civilians should be convicted of murder. Clear and simple. And I'm sure in the end, this is what's going to happen."
21 oct 2018
Israel’s prime minister Benjamin Netanyahu assured his right-wing base that the delay in the demolition of the West Bank herding village of Khan al-Ahmar was temporary and that a timetable would be set by a Sunday cabinet meeting.
"Khan al-Ahmar will be evacuated, this is a court decision, this is our policy and it will also be implemented,” the Jerusalem Post quoted Netanyahu as stating.
“I do not intend to postpone this until further notice, contrary to the publications,” he added.
Netanyahu spoke out after the Israeli government announced that the village’s destruction would be delayed until further notice.
On Sunday, Netanyahu said, “I have no intention of postponing this until further notice, but for a short, short time.”
“The amount of time to achieve this consent will be determined by the Cabinet. I will convene it today. It will make a decision. The [timetable will be] short. I believe [the evacuation] will also be consensual,” he claimed.
Netanyahu spoke just after Education Minister Naftali Bennett who heads the Bayit Yehudi party swore that he would ensure the demolition of the village.
The international community, particularly the European Union and its member states, have called on Israel not to evacuate the village of some 190 Palestinian Bedouins.
On Wednesday the Prosecutor of the International Criminal Court Fatou Bensouda warned Israel that the forced relocation of the village was “war crime,”
She said, “I have been following with concern the planned eviction of the Bedouin community of Khan al-Ahmar, in the West Bank. Evacuation by force now appears imminent, and with it the prospects for further escalation and violence.”
“It bears recalling, as a general matter, that extensive destruction of property without military necessity and population transfers in an occupied territory constitute war crimes under the Rome Statute,” she said.
Israel’s High Court of Justice had ruled that there was no legal barrier to the demolition of the village, but that it preferred to see a negotiated resolution.
Right wing politicians and activists immediately condemned the delay and called on Netanyahu to rescind it.
Repeated clashes have broken out in Khan al-Ahmar over recent weeks, as the Israeli occupation army cracked down on the locals and carried out road works so that it could more easily demolish the village’s residential tents and shacks.
"Khan al-Ahmar will be evacuated, this is a court decision, this is our policy and it will also be implemented,” the Jerusalem Post quoted Netanyahu as stating.
“I do not intend to postpone this until further notice, contrary to the publications,” he added.
Netanyahu spoke out after the Israeli government announced that the village’s destruction would be delayed until further notice.
On Sunday, Netanyahu said, “I have no intention of postponing this until further notice, but for a short, short time.”
“The amount of time to achieve this consent will be determined by the Cabinet. I will convene it today. It will make a decision. The [timetable will be] short. I believe [the evacuation] will also be consensual,” he claimed.
Netanyahu spoke just after Education Minister Naftali Bennett who heads the Bayit Yehudi party swore that he would ensure the demolition of the village.
The international community, particularly the European Union and its member states, have called on Israel not to evacuate the village of some 190 Palestinian Bedouins.
On Wednesday the Prosecutor of the International Criminal Court Fatou Bensouda warned Israel that the forced relocation of the village was “war crime,”
She said, “I have been following with concern the planned eviction of the Bedouin community of Khan al-Ahmar, in the West Bank. Evacuation by force now appears imminent, and with it the prospects for further escalation and violence.”
“It bears recalling, as a general matter, that extensive destruction of property without military necessity and population transfers in an occupied territory constitute war crimes under the Rome Statute,” she said.
Israel’s High Court of Justice had ruled that there was no legal barrier to the demolition of the village, but that it preferred to see a negotiated resolution.
Right wing politicians and activists immediately condemned the delay and called on Netanyahu to rescind it.
Repeated clashes have broken out in Khan al-Ahmar over recent weeks, as the Israeli occupation army cracked down on the locals and carried out road works so that it could more easily demolish the village’s residential tents and shacks.
16 oct 2018
The Israeli Supreme Court froze, on Sunday, deportation measures against American student Lara al-Qasem, who was barred entry to Israel over alleged ties to the BDS movement.
The court will convene on Wednesday, to determine whether or not it will grant Al-Qasem permission to file an appeal against her detention and denial of entry.
Al-Qasem, who is an American citizen of a Palestinian origin, was accused by the Israeli occupation of involvement in the BDS movement.
On Friday, the Tel Aviv District Court rejected her previous appeal, saying it could not justify intervening in the case, and that the government’s decision to detain her was reasonable.
The court echoed a previous decision by an administrative appeals court.
Lara Al-Qasem, 22, has been detained at Ben-Gurion Airport for the last two weeks, Days of Palestine reports.
10/10/18 Erdan: US Student Will Be Released If She Condemns BDS
The court will convene on Wednesday, to determine whether or not it will grant Al-Qasem permission to file an appeal against her detention and denial of entry.
Al-Qasem, who is an American citizen of a Palestinian origin, was accused by the Israeli occupation of involvement in the BDS movement.
On Friday, the Tel Aviv District Court rejected her previous appeal, saying it could not justify intervening in the case, and that the government’s decision to detain her was reasonable.
The court echoed a previous decision by an administrative appeals court.
Lara Al-Qasem, 22, has been detained at Ben-Gurion Airport for the last two weeks, Days of Palestine reports.
10/10/18 Erdan: US Student Will Be Released If She Condemns BDS
14 oct 2018
Basel Ghattas
Israel’s MK Oded Forer (Yisrael Beytenu) has proposed a legislation aimed at preventing a shortening of imprisonment or “deduction of a third” for every prisoner who was involved in anti-occupation offenses.
If the law passes quickly, it is expected to prevent the shortening of the sentence of Arab Knesset member Basel Ghattas who was convicted of smuggling mobile phones to Palestinian prisoners.
Basel Ghattas, previously of the Joint List, who was sentenced to two years in prison and is scheduled to serve his sentence by July 2019, could be released in a few months if he asks to shorten his sentence, and he has already announced that he would file such a request.
"To allow security prisoners a deduction of a third . . . is a march of folly that must be stopped as soon as possible”, said Forer. “Basel Ghattas, who has been convicted of serious security offenses, may receive a shortened sentence. He is not entitled to this prize of one-third deduction, just like any terrorist who sits in an Israeli prison is not."
"Prisoners whose crime stems from deep hatred out of racist and nationalist motives are not supposed to be granted privileges like academic studies and cable television, just as they should not enjoy a third of their sentence being deducted. I expect the coalition members to assist in the swift process of the bill and thus avoid the farce of watching Ghattas, too, be released early,” Forer added.
Defense Minister Avigdor Liberman, who supports the law, said, "It is inconceivable that convicted terrorists will enjoy a shortening of one-third. It is absurd and we must not leave it even to the discretion of parole boards."
Israel’s MK Oded Forer (Yisrael Beytenu) has proposed a legislation aimed at preventing a shortening of imprisonment or “deduction of a third” for every prisoner who was involved in anti-occupation offenses.
If the law passes quickly, it is expected to prevent the shortening of the sentence of Arab Knesset member Basel Ghattas who was convicted of smuggling mobile phones to Palestinian prisoners.
Basel Ghattas, previously of the Joint List, who was sentenced to two years in prison and is scheduled to serve his sentence by July 2019, could be released in a few months if he asks to shorten his sentence, and he has already announced that he would file such a request.
"To allow security prisoners a deduction of a third . . . is a march of folly that must be stopped as soon as possible”, said Forer. “Basel Ghattas, who has been convicted of serious security offenses, may receive a shortened sentence. He is not entitled to this prize of one-third deduction, just like any terrorist who sits in an Israeli prison is not."
"Prisoners whose crime stems from deep hatred out of racist and nationalist motives are not supposed to be granted privileges like academic studies and cable television, just as they should not enjoy a third of their sentence being deducted. I expect the coalition members to assist in the swift process of the bill and thus avoid the farce of watching Ghattas, too, be released early,” Forer added.
Defense Minister Avigdor Liberman, who supports the law, said, "It is inconceivable that convicted terrorists will enjoy a shortening of one-third. It is absurd and we must not leave it even to the discretion of parole boards."
8 oct 2018
The Israeli courts are keeping Arab political leader Raja Eghbaria in detention at least until 15 October; the prosecutor doesn’t deny existence of multiple errors in its translation of Eghbaria’s Arabic-language Facebook posts, but says ‘it doesn’t matter.’
An Israeli prosecutor revealed in court yesterday, 7 October 2018, that the state has only ever sought detention until the end of court proceedings for Arab suspects in online incitement to terror cases – but never for Jewish suspects.
According to Adlah, a follow-up hearing was held yesterday, in Haifa Magistrate’s Court, on the state’s request for detention until the end of proceedings for Raja Eghbaria, member of the High Follow-Up Committee for Palestinian Arab citizens of Israel and leader of the Abnaa al-Baladpolitical movement.
Israeli police arrested Eghbaria on 11 September 2018 and interrogated him for seven hours about Facebook status updates he posted over the past 12 months. He has been held in jail for upwards of a month since his initial arrest.
CLICK HERE for details on Eghbaria’s arrest and the charges against him
After the state failed to respond yesterday to charges of discrimination based on ethnic or national belonging by Adalah – The Legal Center for Arab Minority Rights in Israel, the court ruled that a decision will be issued next week on Monday, 15 October 2018.
During the hearing, it was revealed that the state was unable to point to one case of suspected online incitement to terrorism in which detention without bond until the end of trial was sought for a Jewish defendant. In contrast, the state has made multiple requests for detention until the end of proceedings against Arab defendants in such cases.
Adalah General Director Attorney Hassan Jabareen and Adalah Attorney Rabea Eghbariah, together with private attorneys Afnan Khalifa and Omar Khamaisa, argued that the prosecutor’s policy of filing detention requests until the end of proceedings for Arab suspects only is discriminatory.
The defense team stressed that there is no basis to the Israeli police claim that Eghbaria poses a danger justifying his continued detention. In addition, the attorneys noted, the prosecutor indicated that it does not deny the existence of multiple errors in its translation of Eghbaria’s Arabic-language Facebook posts; the state further added that, even if there were errors in the translation, “it doesn’t matter.”
Adalah and partner attorneys called for the immediate release of Eghbaria without any restrictive conditions.
The court ruled yesterday to extend Eghbaria’s detention until 15 October 2018 at 13:00, when a final decision will be made on the request for detention until the end of the proceedings, which will include a reference to the detailed defense arguments raised.
CASE CITATION: State of Israel v. Raja Eghbaria (Haifa Magistrate’s Court 36094-09-18)
An Israeli prosecutor revealed in court yesterday, 7 October 2018, that the state has only ever sought detention until the end of court proceedings for Arab suspects in online incitement to terror cases – but never for Jewish suspects.
According to Adlah, a follow-up hearing was held yesterday, in Haifa Magistrate’s Court, on the state’s request for detention until the end of proceedings for Raja Eghbaria, member of the High Follow-Up Committee for Palestinian Arab citizens of Israel and leader of the Abnaa al-Baladpolitical movement.
Israeli police arrested Eghbaria on 11 September 2018 and interrogated him for seven hours about Facebook status updates he posted over the past 12 months. He has been held in jail for upwards of a month since his initial arrest.
CLICK HERE for details on Eghbaria’s arrest and the charges against him
After the state failed to respond yesterday to charges of discrimination based on ethnic or national belonging by Adalah – The Legal Center for Arab Minority Rights in Israel, the court ruled that a decision will be issued next week on Monday, 15 October 2018.
During the hearing, it was revealed that the state was unable to point to one case of suspected online incitement to terrorism in which detention without bond until the end of trial was sought for a Jewish defendant. In contrast, the state has made multiple requests for detention until the end of proceedings against Arab defendants in such cases.
Adalah General Director Attorney Hassan Jabareen and Adalah Attorney Rabea Eghbariah, together with private attorneys Afnan Khalifa and Omar Khamaisa, argued that the prosecutor’s policy of filing detention requests until the end of proceedings for Arab suspects only is discriminatory.
The defense team stressed that there is no basis to the Israeli police claim that Eghbaria poses a danger justifying his continued detention. In addition, the attorneys noted, the prosecutor indicated that it does not deny the existence of multiple errors in its translation of Eghbaria’s Arabic-language Facebook posts; the state further added that, even if there were errors in the translation, “it doesn’t matter.”
Adalah and partner attorneys called for the immediate release of Eghbaria without any restrictive conditions.
The court ruled yesterday to extend Eghbaria’s detention until 15 October 2018 at 13:00, when a final decision will be made on the request for detention until the end of the proceedings, which will include a reference to the detailed defense arguments raised.
CASE CITATION: State of Israel v. Raja Eghbaria (Haifa Magistrate’s Court 36094-09-18)
Israel is expected to free 300 Palestinian prisoner after the Knesset passes a bill, in the upcoming fall session, that is meant to ease overcrowded prisons conditions, Israeli media reported on Saturday.
According to Haaretz, the 300 prisoners are among about 1,000 prisoners to be released on the day the law goes into force, December 20.
The bill was introduced after the High Court of Justice ruled that the incarceration conditions infringed on prisoners’ human rights, and instructed the state to ensure that each prisoner had living space of 3 square meters.
The bill, which has already been approved by the Knesset Interior Committee, calls for shortening sentences of hundreds of prisoners by two to five months.
Prisoners sentenced to up to four years will have their sentences reduced by a few weeks to a few months, no matter what the nature of their crime.
Because all prisoners are also entitled to a one-third reduction of their sentence for good behavior, the new law will mean that some prisoners will be released after serving only half of their sentence.
Prisoners sentenced to more than four years will receive the additional reduction only if they have already been granted one-third off for good behavior.
According to Haaretz, the 300 prisoners are among about 1,000 prisoners to be released on the day the law goes into force, December 20.
The bill was introduced after the High Court of Justice ruled that the incarceration conditions infringed on prisoners’ human rights, and instructed the state to ensure that each prisoner had living space of 3 square meters.
The bill, which has already been approved by the Knesset Interior Committee, calls for shortening sentences of hundreds of prisoners by two to five months.
Prisoners sentenced to up to four years will have their sentences reduced by a few weeks to a few months, no matter what the nature of their crime.
Because all prisoners are also entitled to a one-third reduction of their sentence for good behavior, the new law will mean that some prisoners will be released after serving only half of their sentence.
Prisoners sentenced to more than four years will receive the additional reduction only if they have already been granted one-third off for good behavior.
24 sept 2018
Israel’s Ofer military court confirmed a six-month administrative prison-term, issued with neither charge nor trial, against the Palestinian journalist Mohamed Mona.
The journalist’s father said the family’s attorney updated them on an Israeli verdict to have Mohamed Mona, working as a correspondent for Quds Press and serving as the head of Hawa Radio Station in Nablus, to serve a six-month administrative sentence in Israeli dungeons.
Journalist Mohamed Mona was kidnapped by the Israeli occupation forces last month and sentenced administratively without trial. In one of his earlier arrests by the occupation forces, the journalist had undergone an open-ended hunger strike to protest his arbitrary detention.
The journalist’s father said the family’s attorney updated them on an Israeli verdict to have Mohamed Mona, working as a correspondent for Quds Press and serving as the head of Hawa Radio Station in Nablus, to serve a six-month administrative sentence in Israeli dungeons.
Journalist Mohamed Mona was kidnapped by the Israeli occupation forces last month and sentenced administratively without trial. In one of his earlier arrests by the occupation forces, the journalist had undergone an open-ended hunger strike to protest his arbitrary detention.
