23 sept 2014
Asylum seekers participate in a January 2014 protest against the opening of Holot
Prominent Knesset members propose curbing the powers of Israel's High Court following Monday's ruling that upended official policy concerning asylum seekers by ruling legislation illegal.
The court ruled, in the wake of a petition filed by six human rights groups, that the law allowing asylum seekers to be jailed for up to one year without trial is illegal. The court further declared that that Israel must shutter the "open" Holot detention facility, where asylum seekers who entered Israel illegally are detained for indefinite periods with no grounds for release.
The Knesset will now embark on what Israeli news portal ynet has dubbed a "fight" against the High Court. Already next week, at the opening of the Knesset's winter session, the ministerial legislative body will debate a proposal by Ayelet Shaked (Jewish Home) to amend the Basic Law: Human Dignity and Liberty in order to abridge the court's power to overturn legislation.
Basic laws fulfill constitutional functions in Israel, a country without such a foundational document.
Faction chairperson for the Jewish Home Shaked further wishes to alter the way in which judges are selected to ensure a "balance" between so-called judicial activists and others.
Outgoing Interior Minister Gideon Sa'ar, who guided the legislation struck down, noted that "This is a mistake, leaving Israel without tools to deal with the phenomenon of illegal infiltration. We need to re-examine the High Court's authority" on such issues".
Coalition chairman Yariv Levin (Likud) said the decision is “post-Zionist and undermines Israel’s existence as a Jewish state and tramples on the Knesset’s authority.”
The High Court justices “despise the basic principle that Israel is a Jewish state with a democratic government,” and the Knesset must “wake up and act quickly and determinedly to change the way judges are selected...so that we get judges with values who are committed to the future of Israel,” Levin said.
Knesset Internal Affairs and Environment Committee chairman Miri Regev (Likud) called the ruling shameful.
“The court’s decision is essentially calling everyone in Africa to come to Israel, because infiltrators can move around freely", Regev, who in 2012 called Sudanese immigrants a "cancer in our body" told the press.
Israel's population and immigration authority estimates there are 47 thousand asylum seekers in Israel, of whom 35,000 are from Eritrea and Sudan.
The court ruled that the overturned legislation "violates human rights in an essential, deep and fundamental way". Writing the majority opinion, Justice Vogelman stated that "We didn't do this voluntarily. We did it because it's our obligation".
An estimated 2,200 asylum seekers from Eritrea and Sudan are currently held at Holot, an "open" facility as detainees are allowed to leave during the day, although they must be present for three daily head counts and are prohibited from working.
“Let us not allow the name — ‘open facility’ — to lead us astray,” the court said. “The requirement to show up for three daily head counts, combined with the center’s great distance from the area’s towns, eliminate almost any possibility of regularly leaving the detention center.”
The majority ruling also said the court had not ignored the distress of residents of south Tel Aviv, where the majority of the asylum seekers live, but that violating asylum seekers’ rights could not be the solution to this problem.
Already last night tens of south Tel Aviv residents erected a "mourning tent" to which right-wing politicians, who participate in the governmental neglect of the area while encouraging blame of asylum seekers for the residential problems, began going.
The human rights organizations which petitioned the High Court welcomed the ruling, noted that "It's time for a real solution that will benefit both residents of south Tel Aviv and the asylum-Seekers".
A statement issued by the groups asserted that "The Court made it clear today, once more, in a categorical and unequivocal manner, that the policy toward asylum-seekers cannot be solely based on mass detention of innocent people or complete disregard of the issue. We call on the government: This is the time to act for the mutual benefit of residents of southern Tel Aviv and asylum-seekers - by investing money in improving the infrastructure, welfare and health services in neighborhoods where many asylum-seekers reside, and by working to decrease the density of population in those areas by granting asylum-seekers work permits and encouraging Israelis to employ them".
Prominent Knesset members propose curbing the powers of Israel's High Court following Monday's ruling that upended official policy concerning asylum seekers by ruling legislation illegal.
The court ruled, in the wake of a petition filed by six human rights groups, that the law allowing asylum seekers to be jailed for up to one year without trial is illegal. The court further declared that that Israel must shutter the "open" Holot detention facility, where asylum seekers who entered Israel illegally are detained for indefinite periods with no grounds for release.
The Knesset will now embark on what Israeli news portal ynet has dubbed a "fight" against the High Court. Already next week, at the opening of the Knesset's winter session, the ministerial legislative body will debate a proposal by Ayelet Shaked (Jewish Home) to amend the Basic Law: Human Dignity and Liberty in order to abridge the court's power to overturn legislation.
Basic laws fulfill constitutional functions in Israel, a country without such a foundational document.
Faction chairperson for the Jewish Home Shaked further wishes to alter the way in which judges are selected to ensure a "balance" between so-called judicial activists and others.
Outgoing Interior Minister Gideon Sa'ar, who guided the legislation struck down, noted that "This is a mistake, leaving Israel without tools to deal with the phenomenon of illegal infiltration. We need to re-examine the High Court's authority" on such issues".
Coalition chairman Yariv Levin (Likud) said the decision is “post-Zionist and undermines Israel’s existence as a Jewish state and tramples on the Knesset’s authority.”
The High Court justices “despise the basic principle that Israel is a Jewish state with a democratic government,” and the Knesset must “wake up and act quickly and determinedly to change the way judges are selected...so that we get judges with values who are committed to the future of Israel,” Levin said.
Knesset Internal Affairs and Environment Committee chairman Miri Regev (Likud) called the ruling shameful.
“The court’s decision is essentially calling everyone in Africa to come to Israel, because infiltrators can move around freely", Regev, who in 2012 called Sudanese immigrants a "cancer in our body" told the press.
Israel's population and immigration authority estimates there are 47 thousand asylum seekers in Israel, of whom 35,000 are from Eritrea and Sudan.
The court ruled that the overturned legislation "violates human rights in an essential, deep and fundamental way". Writing the majority opinion, Justice Vogelman stated that "We didn't do this voluntarily. We did it because it's our obligation".
An estimated 2,200 asylum seekers from Eritrea and Sudan are currently held at Holot, an "open" facility as detainees are allowed to leave during the day, although they must be present for three daily head counts and are prohibited from working.
“Let us not allow the name — ‘open facility’ — to lead us astray,” the court said. “The requirement to show up for three daily head counts, combined with the center’s great distance from the area’s towns, eliminate almost any possibility of regularly leaving the detention center.”
The majority ruling also said the court had not ignored the distress of residents of south Tel Aviv, where the majority of the asylum seekers live, but that violating asylum seekers’ rights could not be the solution to this problem.
Already last night tens of south Tel Aviv residents erected a "mourning tent" to which right-wing politicians, who participate in the governmental neglect of the area while encouraging blame of asylum seekers for the residential problems, began going.
The human rights organizations which petitioned the High Court welcomed the ruling, noted that "It's time for a real solution that will benefit both residents of south Tel Aviv and the asylum-Seekers".
A statement issued by the groups asserted that "The Court made it clear today, once more, in a categorical and unequivocal manner, that the policy toward asylum-seekers cannot be solely based on mass detention of innocent people or complete disregard of the issue. We call on the government: This is the time to act for the mutual benefit of residents of southern Tel Aviv and asylum-seekers - by investing money in improving the infrastructure, welfare and health services in neighborhoods where many asylum-seekers reside, and by working to decrease the density of population in those areas by granting asylum-seekers work permits and encouraging Israelis to employ them".
22 sept 2014
The Israeli Persecution initiated, since the beginning of July, a new policy in occupied East Jerusalem, resulting in keeping hundreds of Palestinians, including dozens of children, behind bars for extended periods, until concluding all “legal measures” against them.
Israeli daily Haaretz said the new policy, used by the Israeli Prosecution, is resulting in keeping every detained Palestinian, believed to have thrown stones at the soldiers or settlers, or believed to have committed a violation, behind bars until all legal measures are concluded.
Such measures led to keeping dozens of children imprisoned for a month, and in many cases two months, before there were even sent to trial. Haaretz said the army, and police has arrested 260 Palestinian children in the last two months.
It added that 58 Palestinian children from Jerusalem are currently detained by Israel for “participating in clashes with the army and police in Jerusalem."
Several defense attorneys, and social workers, said most of the detained children actually “confess” to whatever the interrogators accuse them of, hoping to be able to see their families, and have their detention time reduced.
Haaretz said it closely examined the issue, and found out that, in many cases, Israeli courts respond to requests of alternative measures to prison when it comes to detained Jewish suspects, and largely denies similar requests when it comes to Arab prisoners.
Israeli daily Haaretz said the new policy, used by the Israeli Prosecution, is resulting in keeping every detained Palestinian, believed to have thrown stones at the soldiers or settlers, or believed to have committed a violation, behind bars until all legal measures are concluded.
Such measures led to keeping dozens of children imprisoned for a month, and in many cases two months, before there were even sent to trial. Haaretz said the army, and police has arrested 260 Palestinian children in the last two months.
It added that 58 Palestinian children from Jerusalem are currently detained by Israel for “participating in clashes with the army and police in Jerusalem."
Several defense attorneys, and social workers, said most of the detained children actually “confess” to whatever the interrogators accuse them of, hoping to be able to see their families, and have their detention time reduced.
Haaretz said it closely examined the issue, and found out that, in many cases, Israeli courts respond to requests of alternative measures to prison when it comes to detained Jewish suspects, and largely denies similar requests when it comes to Arab prisoners.
Following the July 2nd kidnapping of Mohammad Abu Khdeir, 16, from Jerusalem, who was tortured and burnt to death by fanatic Israelis, and the resulting clashes in occupied Jerusalem, the police kidnapped 760 Palestinians, including 260 children.
Most of them face charges of “committing violent acts,” “throwing stones at the Police,” and “assaulting an officer,” therefore, any Arab person, even a child over 14 years of age, who is facing any sort of charges, is kept detained under interrogation for an extended period of time.
They are largely kept detained for 14 days, which are automatically renewed each time until the end of all legal measures against them.
Haaretz also stated that, because the detained children do not have relatives living outside of Jerusalem, and because there are no institutions to deal with such issues for Arab children in Jerusalem, the courts largely reject all appeals for placing them under house arrest, instead of prison, especially since ankle monitors do not function in occupied East Jerusalem.
Haaretz said these issues lead to releasing many Jewish prisoners, even those who committed more serious violations, while keeping Arab prisoners, including children, behind bars.
An example to that is the Sunday decision of the Israeli Supreme Court to release four Jewish-Israelis facing charges of torching a Palestinian coffee shop in Doura town, near the southern West Bank city of Hebron.
The four conducted what is known as a “Price Tag” attack against the Palestinians. Such attacks refer to assaults carried out by Israeli fanatics against the Palestinians, their property and lands, allegedly “to avenge a certain attack," or “avenge the Israeli removal of an illegitimate settlement outpost," although very few outposts have actually been dismantled.
Under the Price Tag attacks, Israeli fanatics burnt and attempted to burn several mosques and churches, defaced many Islamic and Christians graveyards and holy sites, defaced cars and punctured their tires, among various other violations, including torching farmlands and orchards, cutting and bulldozing Palestinian trees.
PCHR Statement On Abduction And Murder Of Palestinian Child.
Most of them face charges of “committing violent acts,” “throwing stones at the Police,” and “assaulting an officer,” therefore, any Arab person, even a child over 14 years of age, who is facing any sort of charges, is kept detained under interrogation for an extended period of time.
They are largely kept detained for 14 days, which are automatically renewed each time until the end of all legal measures against them.
Haaretz also stated that, because the detained children do not have relatives living outside of Jerusalem, and because there are no institutions to deal with such issues for Arab children in Jerusalem, the courts largely reject all appeals for placing them under house arrest, instead of prison, especially since ankle monitors do not function in occupied East Jerusalem.
Haaretz said these issues lead to releasing many Jewish prisoners, even those who committed more serious violations, while keeping Arab prisoners, including children, behind bars.
An example to that is the Sunday decision of the Israeli Supreme Court to release four Jewish-Israelis facing charges of torching a Palestinian coffee shop in Doura town, near the southern West Bank city of Hebron.
The four conducted what is known as a “Price Tag” attack against the Palestinians. Such attacks refer to assaults carried out by Israeli fanatics against the Palestinians, their property and lands, allegedly “to avenge a certain attack," or “avenge the Israeli removal of an illegitimate settlement outpost," although very few outposts have actually been dismantled.
Under the Price Tag attacks, Israeli fanatics burnt and attempted to burn several mosques and churches, defaced many Islamic and Christians graveyards and holy sites, defaced cars and punctured their tires, among various other violations, including torching farmlands and orchards, cutting and bulldozing Palestinian trees.
PCHR Statement On Abduction And Murder Of Palestinian Child.
17 sept 2014
An Israeli court finally made a decision in an eight-year-old case involving the fatal shooting of a Palestinian taxi driver who was waiting for Palestinian passengers heading to the northern West Bank city of Nablus.
The driver, Zakariyya Daraghma, parked his car near a sand-hill, installed by the army to block a main road, and was shot dead by Israeli soldiers stationed nearby.
Ibrahim Daraghma, head of the Palestinian General Trade Federation of Trade Unions, said the court will be holding another session on September 19, to determine the amount of compensation to the family.
Daraghma was shot dead on April 5, 2006 when an Israeli soldier opened fire at him as he parked near a sand hill blocking the al-Bathan road, linking between the districts of Nablus and Tubas.
The slain Palestinian left behind a wife and five children; the oldest of them is 12.
Eyewitnesses said the soldiers had no reason to open fire, and that the army left the man bleeding to death. He was just waiting for passengers.
Following the killing, the Union said that this is a cold-blooded crime, and called on human rights and legal groups to investigate the murder.
The driver, Zakariyya Daraghma, parked his car near a sand-hill, installed by the army to block a main road, and was shot dead by Israeli soldiers stationed nearby.
Ibrahim Daraghma, head of the Palestinian General Trade Federation of Trade Unions, said the court will be holding another session on September 19, to determine the amount of compensation to the family.
Daraghma was shot dead on April 5, 2006 when an Israeli soldier opened fire at him as he parked near a sand hill blocking the al-Bathan road, linking between the districts of Nablus and Tubas.
The slain Palestinian left behind a wife and five children; the oldest of them is 12.
Eyewitnesses said the soldiers had no reason to open fire, and that the army left the man bleeding to death. He was just waiting for passengers.
Following the killing, the Union said that this is a cold-blooded crime, and called on human rights and legal groups to investigate the murder.
13 sept 2014
An Israeli defense statement against a Palestinian plaintiff has claimed to the effect that an officer convicted of beating five demonstrators suffered more than the plaintiff. It further claims that the injured should receive no compensation.
Lieutenant Colonel Shalom Eisner was recently convicted, in a military court, of having beaten five Palestinians and international activists with both his rifle and his fists at a protest, in April of 2012, to the point of leaving some of the victims in need of medical treatment.
According to the Palestinian News Network (PNN), in June, one Naim Shakir, age 36, from Al-Sawiya, filed a law suit demanding the amount of 16,000 shekels ($4,620) in medical bills, in addition to 60,000 shekels ($17,320) for lost wages; he is reportedly requiring further physiotherapy, as well, and is still in enough pain to affect his work in construction.
In addition, though the military court confirmed that Eisner had beaten Mr. Shakir in the back, with the butt of his rifle, Israel has denied Shakir's right to compensation, saying the state of his injuries are "exaggerated and not related at all to the actions of the defendant".
Eisner, however, who sustained a broken hand during the confrontation, was deemed eliglible for damages "including pain, suffering and emotional distress."
PNN further reports that the court declared that because he was protesting, Shakir should not only be held accountable for his own injuries, but also for "much greater bodily damage" inflicted on Lt. Col. Eisner.
Mr. Shakir's attorney drew attention to the court's way of twisting the facts into making the attacker appear to be the victim.
Eisner was convicted, in a court of law, of exceeding his authority to such an extent that life and health were in danger, in addition to "unbecoming conduct".
The court then sentenced Lt. Col. Eisner to two months’ community service.
Lieutenant Colonel Shalom Eisner was recently convicted, in a military court, of having beaten five Palestinians and international activists with both his rifle and his fists at a protest, in April of 2012, to the point of leaving some of the victims in need of medical treatment.
According to the Palestinian News Network (PNN), in June, one Naim Shakir, age 36, from Al-Sawiya, filed a law suit demanding the amount of 16,000 shekels ($4,620) in medical bills, in addition to 60,000 shekels ($17,320) for lost wages; he is reportedly requiring further physiotherapy, as well, and is still in enough pain to affect his work in construction.
In addition, though the military court confirmed that Eisner had beaten Mr. Shakir in the back, with the butt of his rifle, Israel has denied Shakir's right to compensation, saying the state of his injuries are "exaggerated and not related at all to the actions of the defendant".
Eisner, however, who sustained a broken hand during the confrontation, was deemed eliglible for damages "including pain, suffering and emotional distress."
PNN further reports that the court declared that because he was protesting, Shakir should not only be held accountable for his own injuries, but also for "much greater bodily damage" inflicted on Lt. Col. Eisner.
Mr. Shakir's attorney drew attention to the court's way of twisting the facts into making the attacker appear to be the victim.
Eisner was convicted, in a court of law, of exceeding his authority to such an extent that life and health were in danger, in addition to "unbecoming conduct".
The court then sentenced Lt. Col. Eisner to two months’ community service.
1 july 2014
Israel's Supreme Court on Tuesday rejected a petition to overturn a demolition order on the house of Ziad Awwad, who Israel says was responsible for the killing of an Israeli policeman in April.
Israeli rights group HaMoked had petitioned the Israeli court to overturn the order after Israel announced its intention to destroy the property on June 26.
The demolition order was slated for Monday but will now not be carried out until 12 hours after the supreme court ruling.
Israel's military initially intended to demolish the entire two-story building, but HaMoked proved that the building was owned by his brother and will only likely destroy the western half.
"According to the principles of human rights, to which HaMoked is committed, house demolitions constitute collective punishment, and are contrary to both international law and the basic precept of Israeli law that a person must not be punished for the acts of others," the group said.
Israeli forces arrested Ziad Awad, 42, on May 7 for suspected involvement in the shooting of Israeli police officer Baruch Mizrahi near Hebron on April 14.
According to B'Tselem, 13 people, including eight children, currently live in the property slated for demolition.
Israeli rights group HaMoked had petitioned the Israeli court to overturn the order after Israel announced its intention to destroy the property on June 26.
The demolition order was slated for Monday but will now not be carried out until 12 hours after the supreme court ruling.
Israel's military initially intended to demolish the entire two-story building, but HaMoked proved that the building was owned by his brother and will only likely destroy the western half.
"According to the principles of human rights, to which HaMoked is committed, house demolitions constitute collective punishment, and are contrary to both international law and the basic precept of Israeli law that a person must not be punished for the acts of others," the group said.
Israeli forces arrested Ziad Awad, 42, on May 7 for suspected involvement in the shooting of Israeli police officer Baruch Mizrahi near Hebron on April 14.
According to B'Tselem, 13 people, including eight children, currently live in the property slated for demolition.
11 june 2014
The Palestinian Centre for Human Rights (PCHR) has succeeded in ensuring remedy for the family of 'Ahed al-Telbani, from al-Maghazi refugee camp in the central Gaza Strip, who was killed by the Israeli forces 13 years ago. Following years of legal work and persistent follow-up, a settlement was concluded with the Israeli Military Advocate General’s representatives to pay 175,000 NIS for the heirs of the aforementioned civilian in exchange for closing the case. Procedures to deliver this amount to the family are now in process.
On 31 January 2001, Israeli forces stationed at al-Shuhadaa’ intersection "previously called Netzarim", south of Gaza City, opened fire at a cap belonging to al-Telbani from a very close range while he was passing the intersection. As a result, he was killed.
On 07 February 2001, PCHR followed up the case after being given a power of attorney by the family of the victim, who is married and a father of 8 children. PCHR submitted complaints to each of the Israeli Military Advocate General and the Israeli Ministry of Defense to take the necessary legal action to hold the perpetrators accountable for willfully killing al-Telbani. In 2004, PCHR filed a case before the District Court of al-Gedera on behalf of the heirs of al-Telbani. Over the past years, the lawyers at PCHR’s Legal Unit followed up the case until the Court decided on 15 February 2010 to dismiss the proceedings. Eyewitness were not able to give their testimonies before the court as the Israeli authorities refused to give them necessary permits to pass via Beit Hanoun (Erez) crossing to attend the court's sessions.
On 31 December 2010, PCHR appealed the court’s decision and managed to get the case back on the court roll as the court accepted the affidavits of the eyewitnesses instead of their testimonies in person before the court.
Several court hearings in the case were held over the past years, during which PCHR supported its claim by evidences confirming the Israeli forces’ responsibility for al-Telbani’s death in circumstances that did not require the use of weapons. According to eyewitnesses, the area then did not witness any clashes and passing through the intersection was permitted. This means that the Israeli forces willfully killed al-Telbani in a blatant violation of the most basic concepts of humanity, domestic laws and international human rights instruments.
This is not the first time that PCHR achieves success in regard to efforts to prosecute war criminals via Israeli courts. PCHR had achieved other successes in this field, the latest of which was in October 2013, when PCHR succeeded in ensuring a compensation of 498,000 NIS for the families of 3 Palestinian children, who were killed by Israeli forces in 2001, i.e. around 166,000 NIS for each family.
In this context, PCHR emphasizes two facts. First, PCHR’s lawyers have exerted extraordinary efforts for long years to achieve these results and that way to access to justice, even though in regards to a limited number of cases, is difficult and painstaking and requires abnormal efforts. Second, these successes by all standards and criteria are limited ones and only for exceptional cases as thousands of cases, which PCHR filed on behalf of the Palestinian victims, have not been settled yet or were dismissed due to the issuance of military orders, amendments to the legislations or decisions taken by judges while considering the cases.
PCHR will continue its efforts to prosecute suspected Israeli war criminals before Israeli courts, or national courts of other countries based on the principle of universal jurisdiction to ensure that Israeli war criminals do not evade justice, and to ensure remedy for thousands of Palestinian civilians who have been affected by Israeli practices and crimes.
On 31 January 2001, Israeli forces stationed at al-Shuhadaa’ intersection "previously called Netzarim", south of Gaza City, opened fire at a cap belonging to al-Telbani from a very close range while he was passing the intersection. As a result, he was killed.
On 07 February 2001, PCHR followed up the case after being given a power of attorney by the family of the victim, who is married and a father of 8 children. PCHR submitted complaints to each of the Israeli Military Advocate General and the Israeli Ministry of Defense to take the necessary legal action to hold the perpetrators accountable for willfully killing al-Telbani. In 2004, PCHR filed a case before the District Court of al-Gedera on behalf of the heirs of al-Telbani. Over the past years, the lawyers at PCHR’s Legal Unit followed up the case until the Court decided on 15 February 2010 to dismiss the proceedings. Eyewitness were not able to give their testimonies before the court as the Israeli authorities refused to give them necessary permits to pass via Beit Hanoun (Erez) crossing to attend the court's sessions.
On 31 December 2010, PCHR appealed the court’s decision and managed to get the case back on the court roll as the court accepted the affidavits of the eyewitnesses instead of their testimonies in person before the court.
Several court hearings in the case were held over the past years, during which PCHR supported its claim by evidences confirming the Israeli forces’ responsibility for al-Telbani’s death in circumstances that did not require the use of weapons. According to eyewitnesses, the area then did not witness any clashes and passing through the intersection was permitted. This means that the Israeli forces willfully killed al-Telbani in a blatant violation of the most basic concepts of humanity, domestic laws and international human rights instruments.
This is not the first time that PCHR achieves success in regard to efforts to prosecute war criminals via Israeli courts. PCHR had achieved other successes in this field, the latest of which was in October 2013, when PCHR succeeded in ensuring a compensation of 498,000 NIS for the families of 3 Palestinian children, who were killed by Israeli forces in 2001, i.e. around 166,000 NIS for each family.
In this context, PCHR emphasizes two facts. First, PCHR’s lawyers have exerted extraordinary efforts for long years to achieve these results and that way to access to justice, even though in regards to a limited number of cases, is difficult and painstaking and requires abnormal efforts. Second, these successes by all standards and criteria are limited ones and only for exceptional cases as thousands of cases, which PCHR filed on behalf of the Palestinian victims, have not been settled yet or were dismissed due to the issuance of military orders, amendments to the legislations or decisions taken by judges while considering the cases.
PCHR will continue its efforts to prosecute suspected Israeli war criminals before Israeli courts, or national courts of other countries based on the principle of universal jurisdiction to ensure that Israeli war criminals do not evade justice, and to ensure remedy for thousands of Palestinian civilians who have been affected by Israeli practices and crimes.
2 june 2014
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On 13 May 2011 Border Police violently dispersed a demonstration at a-Nabi Saleh.
Of the five complaints filed, the DIP investigated only one and adopted no further measures. The DIP's handling of the complaints was faulty and its decision not to investigate is unjustifiable. Of equal concern is the State Attorney's Office's support of the DIP's actions, essentially conveying the message that police officers who overstep their authority and harm civilians will not be brought to justice. This is in direct violation of the state's obligation to safeguard civilians. |
30 may 2014
Muhammad Abu Thahr and Nadim Nuwara
Israel has suspended a soldier in the fatal shootings of two Palestinian teenagers at a protest held on May 15 in the occupied West Bank, Israeli media reported on Wednesday. The incident stirred an outcry after a human rights group released video footage it said showed the youths had not posed any danger to soldiers and they were shot unlawfully.
The killings took place as protests erupted across the West Bank on Nakba Day, when the Palestinians mark the loss of the 1948 war that resulted in the creation of Israel and the flight of hundreds of thousands of Palestinians.
Muhammad Abu Thahr and Nadim Nuwara had both been shot in the heart, Palestinian hospital officials said, giving their ages as 16 and 17.
Two Israeli media organizations, the Haaretz news Web site and Channel 10 television, said on Wednesday the Israeli military had suspended a soldier from a communications unit and confiscated his weapon soon after the incident.
The reports said the soldier was suspected of having fired his gun without authorization, "very close to when" one of the youths was killed.
No apparent evidence linked the soldier to either fatality, though, in the incident outside Israel's Ofer prison near the West Bank city of Ramallah. The soldier was suspected of firing rubber bullets, not live ammunition, the reports said.
An Israeli military spokesman declined comment on the reports, saying "the incident is still under investigation by military police." The media reports said a military tribunal had clamped a gag order on other details of the case.
The military said on May 20 that a preliminary investigation indicated that security personnel had fired rubber bullets but not live ammunition during the clashes.
The Palestinian government has accused Israel of "cold-blooded murder" and carrying out "a war crime against defenseless children".
Five days after the shootings, Defence for Children International (DCI) posted two minutes of video on YouTube, which it said was edited from six hours of surveillance footage from fixed security cameras at a Palestinian-owned business that overlooks the scene.
The group said the video shows that troops had committed "unlawful killings where neither child presented a direct and immediate threat to life at the time of their shooting".
Israel has suspended a soldier in the fatal shootings of two Palestinian teenagers at a protest held on May 15 in the occupied West Bank, Israeli media reported on Wednesday. The incident stirred an outcry after a human rights group released video footage it said showed the youths had not posed any danger to soldiers and they were shot unlawfully.
The killings took place as protests erupted across the West Bank on Nakba Day, when the Palestinians mark the loss of the 1948 war that resulted in the creation of Israel and the flight of hundreds of thousands of Palestinians.
Muhammad Abu Thahr and Nadim Nuwara had both been shot in the heart, Palestinian hospital officials said, giving their ages as 16 and 17.
Two Israeli media organizations, the Haaretz news Web site and Channel 10 television, said on Wednesday the Israeli military had suspended a soldier from a communications unit and confiscated his weapon soon after the incident.
The reports said the soldier was suspected of having fired his gun without authorization, "very close to when" one of the youths was killed.
No apparent evidence linked the soldier to either fatality, though, in the incident outside Israel's Ofer prison near the West Bank city of Ramallah. The soldier was suspected of firing rubber bullets, not live ammunition, the reports said.
An Israeli military spokesman declined comment on the reports, saying "the incident is still under investigation by military police." The media reports said a military tribunal had clamped a gag order on other details of the case.
The military said on May 20 that a preliminary investigation indicated that security personnel had fired rubber bullets but not live ammunition during the clashes.
The Palestinian government has accused Israel of "cold-blooded murder" and carrying out "a war crime against defenseless children".
Five days after the shootings, Defence for Children International (DCI) posted two minutes of video on YouTube, which it said was edited from six hours of surveillance footage from fixed security cameras at a Palestinian-owned business that overlooks the scene.
The group said the video shows that troops had committed "unlawful killings where neither child presented a direct and immediate threat to life at the time of their shooting".
21 may 2014
Settlers forge documents "signed" by Palestinians that allocates land for their use
AbdulLatif Simrin is no Jesus, but according to a lease presented by Jewish settlers as evidence to an Israeli court, the Palestinian man who died in 1961 sold them his land 50 years after his death - even by Holy Land standards, Simrin’s resurrection is beyond miraculous. First came cellular company towers, followed by caravans that started mushrooming atop the hill opposite Burqa, where the illegal outpost of Migron was established on Simrin’s and a few other Palestinian families’ private lands in 2002.
One of nearly 100 illegal outposts dotting the West Bank, established by Jewish settlers without Israeli government authorisation, Migron soon became one of the largest and most developed outposts at the time.
Representatives of AbdulLatif Simrin and others took their case to the Israeli Supreme Court, demanding the eviction of more than 50 Jewish families residing illegally on their lands.
During the trial, settlers presented a document allegedly signed in 2003 by AbdulLatif Simrin, who lived in California, selling them five acres of his land for $90,000.
The issue was that the illiterate farmer who used his thumbprint instead of a signature died without ever leaving Palestine, decades before he could have signed the document. In 2011, the court deemed the document forged and ordered the evacuation of Migron, since it was established on private Palestinian land.
However, Palestinians had little reason to celebrate. Not only did the settlers relocate to a nearby hilltop, a mere two kilometres away, creating a new settlement, but they also presented another document claiming they purchased a new plot from Burqa’s Yusef Nabbut in 2012, hindering the demolition of the outpost.
Nabbut’s son, 57-year-old Mohammed, insists his father could not have made the sale to the settlers or the alleged middleman.
"They got papers with his name written there and my father was an 85-year-old man who used his thumbprint," Nabbut said. Moreover, there are no records of the alleged middleman. "They made up names and IDs," he added.
In Ramallah, Mohammed Nazzal’s desk is a mess. The man who’s been in charge of the settlement file for the Palestinian government for nearly four years is always busy. He says his department is currently fighting in Israeli courts to prove Palestinian ownership of hundreds of acres of land across the occupied West Bank.
"The problem is that most Palestinian lands are not officially registered," Nazzal told Al Jazeera. "Even in cases of registered lands, forgery would take place and Palestinians won’t even realise it until they approach the Israeli Civil Administration for the documents - if they want to build on the land, or they see structures on it."
For the vast majority of unregistered lands, comprising more than 60 percent of the occupied West Bank, any registration needs to be published in local papers in accordance with the law before it becomes final.
Palestinian experts say those ads often appear in internal pages, in small fonts and are published during holidays. Even if they want to challenge them, the procedure is often very complicated for Palestinians, bearing in mind the lands in question are often under settlers’ control.
According to Nazzal, many acquisitions are conducted by development companies with Arabic names. "It’s part of the deception process," he said. The process, according to Nazzal, often includes the use of middlemen who either do not exist or are already on the run for selling lands to settlers. "They want the courts to believe they buy lands in good faith," Nazzal told Al Jazeera.
Settlers like David Haivri refute those accusations. Haivri said that Palestinians do sell lands to settlers, but because they fear for their well-being, "it makes sense to hear people retracting after they’ve made deals".
However, Palestinians and their advocates maintain settlers’ stories often do not hold water. "The frauds sometimes are ludicrous - someone who’s dead sold the land, the spelling of the last name is not correct," Reut Mor, the spokesperson for the Israeli NGO Yesh-Din told Al Jazeera.
Back in Burqa, Nabbut has been busy making shuttle visits to Israeli police centres for the Migron investigation. Despite the hustle, he’s persistent. "My father is dead and can’t defend himself," he said. "Land and honour are the same; we won’t give up on either." His visits finally paid off, as the Israeli police recently deemed the last document submitted by settlers as another forgery.
Neither Nabbut’s cry of foul play, nor settlers presenting such leases at legal crunch time is unique. On the contrary, presenting alleged purchases right before an evacuation is becoming more common, which begs the question: Why do settlers hold off on presenting proof of ownership until the very last minute?
The answer is simple, according to Mor: "It works." If the Israeli court is to decide on evacuation, it will exclude the structures on the plot in question. Regardless of the authenticity of the presented documents "that usually buy settlers quite a lot of time", she explained.
Although the whole settlement enterprise is illegal under international law, the Israeli legal system has managed to provide a fig leaf to the occupation by ordering the evacuation of outposts built on private Palestinian lands, while dealing with settlements as legal structures. As settlers secure a foothold in strategic West Bank places, they keep Palestinians away from their lands longer. That, in turn, makes it easier for Israel to declare private lands as "state" land, technically confiscating it and often to the benefit of the settlers.
Meanwhile, although it admits outposts are illegal, the Israeli government leaves them to flourish under its nose by providing them with basic services as well as protection. A 2005 report [PDF] shows the Israeli Housing Ministry spent millions of dollars on outposts, including around $1m in Migron.
To further complicate an already complicated situation, a recent Israeli report recommended the “legalisation” of most outposts in the occupied West Bank, even those built on private Palestinian lands, as Levy report of 2012 [PDF] concluded settlements do not breach international law because the West Bank is "not under military occupation".
In recent years, six illegal outposts were "legalised", by being turned into settlements, while eight more are in the process, according to Yesh-Din.
In total, settlements and the related infrastructure leave Palestinians with less than half of the West Bank.
Burqa lost two-thirds of its land to settlements and outposts. Although the Israeli authorities promised to remove the structures from Nabbut’s land by May 21, he remains wary.
"I’ll believe it when I see it," he said.
Source: Al Jazeera
AbdulLatif Simrin is no Jesus, but according to a lease presented by Jewish settlers as evidence to an Israeli court, the Palestinian man who died in 1961 sold them his land 50 years after his death - even by Holy Land standards, Simrin’s resurrection is beyond miraculous. First came cellular company towers, followed by caravans that started mushrooming atop the hill opposite Burqa, where the illegal outpost of Migron was established on Simrin’s and a few other Palestinian families’ private lands in 2002.
One of nearly 100 illegal outposts dotting the West Bank, established by Jewish settlers without Israeli government authorisation, Migron soon became one of the largest and most developed outposts at the time.
Representatives of AbdulLatif Simrin and others took their case to the Israeli Supreme Court, demanding the eviction of more than 50 Jewish families residing illegally on their lands.
During the trial, settlers presented a document allegedly signed in 2003 by AbdulLatif Simrin, who lived in California, selling them five acres of his land for $90,000.
The issue was that the illiterate farmer who used his thumbprint instead of a signature died without ever leaving Palestine, decades before he could have signed the document. In 2011, the court deemed the document forged and ordered the evacuation of Migron, since it was established on private Palestinian land.
However, Palestinians had little reason to celebrate. Not only did the settlers relocate to a nearby hilltop, a mere two kilometres away, creating a new settlement, but they also presented another document claiming they purchased a new plot from Burqa’s Yusef Nabbut in 2012, hindering the demolition of the outpost.
Nabbut’s son, 57-year-old Mohammed, insists his father could not have made the sale to the settlers or the alleged middleman.
"They got papers with his name written there and my father was an 85-year-old man who used his thumbprint," Nabbut said. Moreover, there are no records of the alleged middleman. "They made up names and IDs," he added.
In Ramallah, Mohammed Nazzal’s desk is a mess. The man who’s been in charge of the settlement file for the Palestinian government for nearly four years is always busy. He says his department is currently fighting in Israeli courts to prove Palestinian ownership of hundreds of acres of land across the occupied West Bank.
"The problem is that most Palestinian lands are not officially registered," Nazzal told Al Jazeera. "Even in cases of registered lands, forgery would take place and Palestinians won’t even realise it until they approach the Israeli Civil Administration for the documents - if they want to build on the land, or they see structures on it."
For the vast majority of unregistered lands, comprising more than 60 percent of the occupied West Bank, any registration needs to be published in local papers in accordance with the law before it becomes final.
Palestinian experts say those ads often appear in internal pages, in small fonts and are published during holidays. Even if they want to challenge them, the procedure is often very complicated for Palestinians, bearing in mind the lands in question are often under settlers’ control.
According to Nazzal, many acquisitions are conducted by development companies with Arabic names. "It’s part of the deception process," he said. The process, according to Nazzal, often includes the use of middlemen who either do not exist or are already on the run for selling lands to settlers. "They want the courts to believe they buy lands in good faith," Nazzal told Al Jazeera.
Settlers like David Haivri refute those accusations. Haivri said that Palestinians do sell lands to settlers, but because they fear for their well-being, "it makes sense to hear people retracting after they’ve made deals".
However, Palestinians and their advocates maintain settlers’ stories often do not hold water. "The frauds sometimes are ludicrous - someone who’s dead sold the land, the spelling of the last name is not correct," Reut Mor, the spokesperson for the Israeli NGO Yesh-Din told Al Jazeera.
Back in Burqa, Nabbut has been busy making shuttle visits to Israeli police centres for the Migron investigation. Despite the hustle, he’s persistent. "My father is dead and can’t defend himself," he said. "Land and honour are the same; we won’t give up on either." His visits finally paid off, as the Israeli police recently deemed the last document submitted by settlers as another forgery.
Neither Nabbut’s cry of foul play, nor settlers presenting such leases at legal crunch time is unique. On the contrary, presenting alleged purchases right before an evacuation is becoming more common, which begs the question: Why do settlers hold off on presenting proof of ownership until the very last minute?
The answer is simple, according to Mor: "It works." If the Israeli court is to decide on evacuation, it will exclude the structures on the plot in question. Regardless of the authenticity of the presented documents "that usually buy settlers quite a lot of time", she explained.
Although the whole settlement enterprise is illegal under international law, the Israeli legal system has managed to provide a fig leaf to the occupation by ordering the evacuation of outposts built on private Palestinian lands, while dealing with settlements as legal structures. As settlers secure a foothold in strategic West Bank places, they keep Palestinians away from their lands longer. That, in turn, makes it easier for Israel to declare private lands as "state" land, technically confiscating it and often to the benefit of the settlers.
Meanwhile, although it admits outposts are illegal, the Israeli government leaves them to flourish under its nose by providing them with basic services as well as protection. A 2005 report [PDF] shows the Israeli Housing Ministry spent millions of dollars on outposts, including around $1m in Migron.
To further complicate an already complicated situation, a recent Israeli report recommended the “legalisation” of most outposts in the occupied West Bank, even those built on private Palestinian lands, as Levy report of 2012 [PDF] concluded settlements do not breach international law because the West Bank is "not under military occupation".
In recent years, six illegal outposts were "legalised", by being turned into settlements, while eight more are in the process, according to Yesh-Din.
In total, settlements and the related infrastructure leave Palestinians with less than half of the West Bank.
Burqa lost two-thirds of its land to settlements and outposts. Although the Israeli authorities promised to remove the structures from Nabbut’s land by May 21, he remains wary.
"I’ll believe it when I see it," he said.
Source: Al Jazeera
19 may 2014
The illegal outpost will be razed
Haaretz newspaper said that recent police investigations unveiled that settlement construction organizations had used forged documents to prove that the land of Migron outpost near Ramallah city was legally purchased from its Palestinian owners. Consequently, the outpost constructed on the privately-owned Palestinian land is due to be removed next Wednesday, pursuant to a court verdict taken in 2012.
Peace Now group had raised the issue of this illegal outpost in 2006 when it filed a petition with the high court of justice and eventually the court ordered the demolition of the outpost in the summer of 2012.
However, when the authorities informed Migron settlers of their intention to carry out the court ruling, an Israeli company known as Al-Watan, the construction arm of the Zionist settlement movement "Amana," forged purchase documents and submitted them to the Israeli prosecution
Later, the court decided to freeze the demolition of the Jewish outpost until the purchase claim was investigated by the Israeli police.
Al-Watan had already claimed to have purchased lands in Migron outpost in 2004 and presented documents that turned out to be forged
Despite the obvious criminal activities of Al-Watan company and Amana movement, the Israeli police still refrain from making arrests among their members.
Haaretz newspaper said that recent police investigations unveiled that settlement construction organizations had used forged documents to prove that the land of Migron outpost near Ramallah city was legally purchased from its Palestinian owners. Consequently, the outpost constructed on the privately-owned Palestinian land is due to be removed next Wednesday, pursuant to a court verdict taken in 2012.
Peace Now group had raised the issue of this illegal outpost in 2006 when it filed a petition with the high court of justice and eventually the court ordered the demolition of the outpost in the summer of 2012.
However, when the authorities informed Migron settlers of their intention to carry out the court ruling, an Israeli company known as Al-Watan, the construction arm of the Zionist settlement movement "Amana," forged purchase documents and submitted them to the Israeli prosecution
Later, the court decided to freeze the demolition of the Jewish outpost until the purchase claim was investigated by the Israeli police.
Al-Watan had already claimed to have purchased lands in Migron outpost in 2004 and presented documents that turned out to be forged
Despite the obvious criminal activities of Al-Watan company and Amana movement, the Israeli police still refrain from making arrests among their members.
