17 june 2015
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New footage of incident doesn't show Palestinian trying to take soldier's weapon as they claimed; IDF has yet to respond to new video.
Just three days after three IDF soldiers were sentenced for the allegedly unnecessary beating of a Palestinian being arrested during clashes near Ramallah, a full video of the incident was released by Palestinian sources Wednesday, showing no definitive proof that the Palestinian civilian attempted to take one of the soldier's weapons as the IDF claimed after initial investigations. An original video of the incident, which erupted on social media on Saturday, showed the Palestinian being thrown to the ground and hit in |
the face by one of the soldiers, but it did not reveal what led to the heavy-handed arrest, leaving room for speculation that the soldiers were justified at least in making the arrest.
The clip released on Wednesday however, documents in full, the curses exchanged between the soldiers and the Palestinian as well as one moment in which the civilian brushes up against a soldier, but does not seem to make an aggressive grab for his weapon. In addition to the questionable arrest tactics seen in the original clip, the full video shows one soldier forcing the Palestinian to the ground by hitting him over the back of the head with a rifle.
The full video reached the IDF on Wednesday afternoon, but no response or statement has yet to be released. Two of the soldiers who were documented in the film received a suspended sentence of 28 days in army prison on Sunday, while another soldier who was seen cursing was sentenced to 30 days confinement to the base. The company commander was also reprimanded.
The clip released on Wednesday however, documents in full, the curses exchanged between the soldiers and the Palestinian as well as one moment in which the civilian brushes up against a soldier, but does not seem to make an aggressive grab for his weapon. In addition to the questionable arrest tactics seen in the original clip, the full video shows one soldier forcing the Palestinian to the ground by hitting him over the back of the head with a rifle.
The full video reached the IDF on Wednesday afternoon, but no response or statement has yet to be released. Two of the soldiers who were documented in the film received a suspended sentence of 28 days in army prison on Sunday, while another soldier who was seen cursing was sentenced to 30 days confinement to the base. The company commander was also reprimanded.
14 june 2015
Video
Five soldiers court martialed over violent arrest of Palestinian demonstrator; prelimanary investigations reveal Palestinian tried to grab a soldier's weapon.
Two IDF soldiers who were documented beating a Palestinian man received a suspended sentence of 28 days in army prison on Sunday, while another soldier who was seen cursing was sentenced to 30 days confinement to the base. The company commander was reprimanded.
Five soldiers of the Haredi Netzah Yehuda Battalion, which secures the Ramallah area, were filmed forcibly arresting a Palestinian demonstrator in Friday's violent incident at the Jalazun refugee camp.
A preliminary investigation into the incident, which was caught on film by a Palestinian cameraman, suggested that the demonstrator tried to grab a rifle from one of the soldiers.
Questioning of forces on the ground revealed that the Palestinian, who appears at the beginning of the video with a cap on his head teasing the soldiers, attacked one of the soldiers physically and tried to steal his weapon. These actions were both missing from the video released by the Palestinians.
The incident occurred while dozens of Palestinians were throwing stones at the soldiers. One of the stones hit a platoon commander in the eye, leading to his hospitalization.
The battalion commander who was on the scene when the incident took place did not prevent the contentious action towards the Palestinians, and soldiers were heard cursing them and screaming: "Get the cameramen out of here."
Demonstrations take place on regular basis at Jalazun, usually on weekends, near the headquarters of the IDF's West Bank Division. The participants at the demonstrations are mainly children and teenagers who throw stones at soldiers near the settlement of Beit El, but these protests are usually not publicized, despite the fact that Palestinian photographers document them on a regular basis.
IDF forces are instructed to be wary of traps, distance themselves as much as possible from the center of disturbances, respond with riot control measures, and, if deemed necessary, fire at the lower extremities of key instigators.
The guidelines' purpose, apart from preventing demonstrators getting near Beit El, is to prevent Palestinians from succeeding in their effort to delegitimize Israel, which was achieved relatively easily over the weekend, regardless of the outcome of the internal IDF investigation.
At Friday's demonstration, unlike other regular demonstrations at Ni'lin, Bil'in and Nabi Salih, there were no IDF cameramen to document what took place.
The Netzach Yehuda Battalion arrived in the area a few months ago, after having left their permanent area near Jenin, a move made at the request of soldiers in order to prevent fatigue.
The West Bank Division, which oversees the battalion's activity in the sensitive sector, noted that so far there have been no exceptional incidents apart from the aforementioned incident.
Five soldiers court martialed over violent arrest of Palestinian demonstrator; prelimanary investigations reveal Palestinian tried to grab a soldier's weapon.
Two IDF soldiers who were documented beating a Palestinian man received a suspended sentence of 28 days in army prison on Sunday, while another soldier who was seen cursing was sentenced to 30 days confinement to the base. The company commander was reprimanded.
Five soldiers of the Haredi Netzah Yehuda Battalion, which secures the Ramallah area, were filmed forcibly arresting a Palestinian demonstrator in Friday's violent incident at the Jalazun refugee camp.
A preliminary investigation into the incident, which was caught on film by a Palestinian cameraman, suggested that the demonstrator tried to grab a rifle from one of the soldiers.
Questioning of forces on the ground revealed that the Palestinian, who appears at the beginning of the video with a cap on his head teasing the soldiers, attacked one of the soldiers physically and tried to steal his weapon. These actions were both missing from the video released by the Palestinians.
The incident occurred while dozens of Palestinians were throwing stones at the soldiers. One of the stones hit a platoon commander in the eye, leading to his hospitalization.
The battalion commander who was on the scene when the incident took place did not prevent the contentious action towards the Palestinians, and soldiers were heard cursing them and screaming: "Get the cameramen out of here."
Demonstrations take place on regular basis at Jalazun, usually on weekends, near the headquarters of the IDF's West Bank Division. The participants at the demonstrations are mainly children and teenagers who throw stones at soldiers near the settlement of Beit El, but these protests are usually not publicized, despite the fact that Palestinian photographers document them on a regular basis.
IDF forces are instructed to be wary of traps, distance themselves as much as possible from the center of disturbances, respond with riot control measures, and, if deemed necessary, fire at the lower extremities of key instigators.
The guidelines' purpose, apart from preventing demonstrators getting near Beit El, is to prevent Palestinians from succeeding in their effort to delegitimize Israel, which was achieved relatively easily over the weekend, regardless of the outcome of the internal IDF investigation.
At Friday's demonstration, unlike other regular demonstrations at Ni'lin, Bil'in and Nabi Salih, there were no IDF cameramen to document what took place.
The Netzach Yehuda Battalion arrived in the area a few months ago, after having left their permanent area near Jenin, a move made at the request of soldiers in order to prevent fatigue.
The West Bank Division, which oversees the battalion's activity in the sensitive sector, noted that so far there have been no exceptional incidents apart from the aforementioned incident.
29 may 2015
Palestinian human rights activists afternoon Thursday launched calls for boycotting Israeli courts in an attempt to urge the Israeli occupation to cease its arbitrary administrative detention, with neither charge nor trial, of Palestinian detainees.
The Palestinian Committee of Detainees and Ex-detainees launched, in a press conference in Ramallah, distress signals over the alarming situation of Palestinian detainees in the Israeli occupation jails.
Speakers at the conference stressed the need to appeal to the International Criminal Court in an effort to sue the Israeli occupation authorities for the crimes committed against Palestinian captives.
Head of the committee, Issa Qaraqe, spoke up against the serious violations of the rights of Palestinian sick detainees and the preplanned medical negligence they have been subjected to at Israeli prisons.
He warned of a projected upsurge in the number of victims of Israeli mistreatment and medical neglect especially that scores of detainees have increasingly been diagnosed with deadly diseases.
Head of the Palestinian Prisoner’s Society Qadoura Fares called for the need to boycott Israeli military courts in light of the torture and biased prejudgments issued, on groundless accounts, against Palestinian detainees.
He denounced the arbitrary visit-bans often slapped by the Israeli prison authorities on the detainees and their families.
“What has been going on today is the reverberation of the calls launched by the extremist right-wing government to murder Palestinian prisoners,” he said.
For his part, Khaled Quzmar, general director of the Defense for Children-Palestine briefed the conferees on the policies of psycho-physical torture perpetrated by the Israeli jailers against Palestinian children and minors.
He said an average of 1,000 Palestinian children are being annually detained by the Israeli occupation, particularly, but not exclusively, in Occupied Jerusalem.
The Palestinian Committee of Detainees and Ex-detainees launched, in a press conference in Ramallah, distress signals over the alarming situation of Palestinian detainees in the Israeli occupation jails.
Speakers at the conference stressed the need to appeal to the International Criminal Court in an effort to sue the Israeli occupation authorities for the crimes committed against Palestinian captives.
Head of the committee, Issa Qaraqe, spoke up against the serious violations of the rights of Palestinian sick detainees and the preplanned medical negligence they have been subjected to at Israeli prisons.
He warned of a projected upsurge in the number of victims of Israeli mistreatment and medical neglect especially that scores of detainees have increasingly been diagnosed with deadly diseases.
Head of the Palestinian Prisoner’s Society Qadoura Fares called for the need to boycott Israeli military courts in light of the torture and biased prejudgments issued, on groundless accounts, against Palestinian detainees.
He denounced the arbitrary visit-bans often slapped by the Israeli prison authorities on the detainees and their families.
“What has been going on today is the reverberation of the calls launched by the extremist right-wing government to murder Palestinian prisoners,” he said.
For his part, Khaled Quzmar, general director of the Defense for Children-Palestine briefed the conferees on the policies of psycho-physical torture perpetrated by the Israeli jailers against Palestinian children and minors.
He said an average of 1,000 Palestinian children are being annually detained by the Israeli occupation, particularly, but not exclusively, in Occupied Jerusalem.
20 may 2015
Kill all Palestinians Justice Minister Ayelet Shaked
Upon Shaked’s appointment as justice minister, Aharon Barak agrees to talk to her and emphasize the absolute importance of the Supreme Court to Israel’s democracy.
"I'd be very happy to meet with Ayelet Shaked, to sit down with her, to give her any piece of advice she'd like to hear from me, and to discuss any subject she wanted to talk about," says former Israeli Supreme Court president Aharon Barak in response to Shaked's recent appointment as justice minister.
"I've always believed that criticism of the Supreme Court is good and proper, but it must be pertinent," Barak, 79, says. "So I'd be happy to answer any criticism-related questions, to admit to the things she is right about, and for her to admit to the things she isn't right about."
Nine years since stepping down from the bench, Barak the citizen is concerned about the state of Israel's democracy. "It's important to remember that democracy is not simply majority rule," he explains.
"Democracy is majority rule when the majority functions to implement a particular set of values. A democracy that violates human rights is not a democracy in my eyes. In Germany in the early 1930s, the Supreme Court didn’t have the power to overturn laws. I firmly believe that if Germany had had a strong court and judicial review at the time, Hitler could have been stopped. By the time he came to power, he couldn't be touched."
And are you saying that we need to protect the Supreme Court to prevent a similar situation here?
"No, I'm not saying that. I'm only saying that the existence of the Supreme Court as the guardian of individual and minority rights is one of the components of our identity as an eternal constitutional democracy. Democracy is a scale of sorts, on the one side of which sits the majority and on the others side of which sit rights; and democracy is the middle ground.
"The problem boils down to the fact that our constitutional structure is a very shaky and fragile one, and everything can be thrown into turmoil on the whim of any single MK who suddenly happens to secure a majority in the Knesset."
Upon Shaked’s appointment as justice minister, Aharon Barak agrees to talk to her and emphasize the absolute importance of the Supreme Court to Israel’s democracy.
"I'd be very happy to meet with Ayelet Shaked, to sit down with her, to give her any piece of advice she'd like to hear from me, and to discuss any subject she wanted to talk about," says former Israeli Supreme Court president Aharon Barak in response to Shaked's recent appointment as justice minister.
"I've always believed that criticism of the Supreme Court is good and proper, but it must be pertinent," Barak, 79, says. "So I'd be happy to answer any criticism-related questions, to admit to the things she is right about, and for her to admit to the things she isn't right about."
Nine years since stepping down from the bench, Barak the citizen is concerned about the state of Israel's democracy. "It's important to remember that democracy is not simply majority rule," he explains.
"Democracy is majority rule when the majority functions to implement a particular set of values. A democracy that violates human rights is not a democracy in my eyes. In Germany in the early 1930s, the Supreme Court didn’t have the power to overturn laws. I firmly believe that if Germany had had a strong court and judicial review at the time, Hitler could have been stopped. By the time he came to power, he couldn't be touched."
And are you saying that we need to protect the Supreme Court to prevent a similar situation here?
"No, I'm not saying that. I'm only saying that the existence of the Supreme Court as the guardian of individual and minority rights is one of the components of our identity as an eternal constitutional democracy. Democracy is a scale of sorts, on the one side of which sits the majority and on the others side of which sit rights; and democracy is the middle ground.
"The problem boils down to the fact that our constitutional structure is a very shaky and fragile one, and everything can be thrown into turmoil on the whim of any single MK who suddenly happens to secure a majority in the Knesset."
Sami Jamal Faraj Ideis
An Israeli court on Tuesday sentenced a Palestinian man to eight months of imprisonment, with an additional six months suspended, for activity on social media.
The Jerusalem detainees' families committee said that the Israeli magistrate's court had handed the sentence to Sami Jamal Faraj Ideis, 28, from Shufat after he was convicted of inciting anti-Jewish violence and supporting "terror" in posts and comments on Facebook.
According to Ma'an News Agency, Ideis was one of eight Palestinian men detained in December 2014 in East Jerusalem under the same charges.
Their indictment said that Israeli intelligence had monitored the men's Facebook postings since last June, which intelligence said had raised tensions across Jerusalem and encouraged acts of "terrorism."
They cited in particular postings on the murder of 16-year-old Muhammad Abu Khdeir, who was kidnapped and killed by a group of Jewish extremists in July, as well as on a spate of Palestinian attacks on Israeli military and civilians that mostly took place in occupied East Jerusalem.
Ideis' sentence comes less than a week after another of the eight Palestinians detained with him -- the former secretary-general of Fatah in Jerusalem Omar al-Shalabi -- was sentenced to nine months in an Israeli prison for Facebook posts.
Two others from the group -- Adnan Ghaith, the current secretary-general of Fatah in Jerusalem, and Islam al-Natsheh -- were in April released from Israeli prisons following five months without trial.
Israelis on social media routinely and openly incite violence against Palestinians, especially during heightened periods of tensions such as this summer's military offensive on Gaza, but none have yet faced prosecution.
In recent months, the Palestinian Authority has also arrested Palestinians over postings on Facebook that have been critical of the PA and the Palestinian security services.
An Israeli court on Tuesday sentenced a Palestinian man to eight months of imprisonment, with an additional six months suspended, for activity on social media.
The Jerusalem detainees' families committee said that the Israeli magistrate's court had handed the sentence to Sami Jamal Faraj Ideis, 28, from Shufat after he was convicted of inciting anti-Jewish violence and supporting "terror" in posts and comments on Facebook.
According to Ma'an News Agency, Ideis was one of eight Palestinian men detained in December 2014 in East Jerusalem under the same charges.
Their indictment said that Israeli intelligence had monitored the men's Facebook postings since last June, which intelligence said had raised tensions across Jerusalem and encouraged acts of "terrorism."
They cited in particular postings on the murder of 16-year-old Muhammad Abu Khdeir, who was kidnapped and killed by a group of Jewish extremists in July, as well as on a spate of Palestinian attacks on Israeli military and civilians that mostly took place in occupied East Jerusalem.
Ideis' sentence comes less than a week after another of the eight Palestinians detained with him -- the former secretary-general of Fatah in Jerusalem Omar al-Shalabi -- was sentenced to nine months in an Israeli prison for Facebook posts.
Two others from the group -- Adnan Ghaith, the current secretary-general of Fatah in Jerusalem, and Islam al-Natsheh -- were in April released from Israeli prisons following five months without trial.
Israelis on social media routinely and openly incite violence against Palestinians, especially during heightened periods of tensions such as this summer's military offensive on Gaza, but none have yet faced prosecution.
In recent months, the Palestinian Authority has also arrested Palestinians over postings on Facebook that have been critical of the PA and the Palestinian security services.
The Israeli Supreme court, on Tuesday, turned down an appeal, by the descendants of Sheikh Suleiman Muhammad al-Ukbi, against a three-year-old decision by the central court of Beersheba.
The court, in 2012, refused a request to register 1,000 dunams (250 acres) of land in the villages of al-Araqib and Shariaa in northern Negev to their names as heirs of the original owner Sheikh al-Ukbi, according to Ma'an/AFP.
The Supreme Court also decided that the land should be registered under the name of the Israeli development authority.
"The issue of Bedouin tribal rights to ownership of lands in the Negev is very important and an acceptable solution to both sides should be reached as soon as possible," the court decision read.
The court argued that during the era of the Ottoman Empire and the British Mandate, "rights were not granted to lands located far from populated areas."
For their part, members of al-Ukbi tribe claim ownership of 19,000 dunams (4750 acres) in al-Araqib where they "have dwelled and cultivated the land for decades."
They added that in 1951, the Israeli military authorities deported the tribe to the village of Hurah 20 kilometers east of al-Araqib citing security reasons.
"At that time, the Israeli authorities promised the chief of the tribe that the tribe would be allowed to go back to their lands after six months, however the promise was never met and instead the Israeli authorities enacted a law in 1953 and started to register the tribe's land to the Israeli development authority."
The Supreme Court decided Tuesday that al-Ukbi tribe failed to prove ownership of the land, and so they are not entitled to receive reimbursement.
Human Rights Watch condemned the court decisions, which pave the way for the eviction of Bedouins and Palestinians from their villages, calling on the state to let them stay put.
According to Human Rights Watch, the villagers say they were expelled from their land in 1948, when the state of Israel was established, and while they have been allowed to live there, Israel never recognized the village or approved a zoning plan for it.
In 2009, Israel approved plans for a Jewish village on the site, which means the Bedouins will be forced to relocate.
They are to be compensated for the land they relinquish.
The court said that since the Bedouins could theoretically live in the new town, this did not constitute discrimination.
In a separate ruling, it gave the green light to military orders to demolish the southern West Bank village of Susya, and relocate its 340 Palestinian residents nearby.
Israel said Susya was built on an archaeological site, and has refused to approve plans for homes there.
"It is a sad day when Israeli Supreme Court decisions provide legal cover for forced evictions, as in the case of these two villages," Sarah Leah Whitson, HRW's Middle East and North Africa director said in a statement.
"The Israeli government should let these communities stay where they are, not force them to move yet again." The court decisions "ignore international law in upholding discriminatory evictions by the Israeli authorities in Israel and the occupied territories," she added.
According to HRW, there are approximately 80,000 Bedouins in Israel living in unrecognized Negev villages that are under constant threat of demolition.
Israel has attempted to implement a plan that would regulate disputes of land ownership in the southern desert territory.
In the West Bank, Israeli authorities approved less than six percent of Palestinian building permit requests between 2000 and 2012, HRW said.
"Israeli authorities' zoning and demolition policies in the West Bank, in some cases, can effectively amount to forcible transfer," it said.
The court, in 2012, refused a request to register 1,000 dunams (250 acres) of land in the villages of al-Araqib and Shariaa in northern Negev to their names as heirs of the original owner Sheikh al-Ukbi, according to Ma'an/AFP.
The Supreme Court also decided that the land should be registered under the name of the Israeli development authority.
"The issue of Bedouin tribal rights to ownership of lands in the Negev is very important and an acceptable solution to both sides should be reached as soon as possible," the court decision read.
The court argued that during the era of the Ottoman Empire and the British Mandate, "rights were not granted to lands located far from populated areas."
For their part, members of al-Ukbi tribe claim ownership of 19,000 dunams (4750 acres) in al-Araqib where they "have dwelled and cultivated the land for decades."
They added that in 1951, the Israeli military authorities deported the tribe to the village of Hurah 20 kilometers east of al-Araqib citing security reasons.
"At that time, the Israeli authorities promised the chief of the tribe that the tribe would be allowed to go back to their lands after six months, however the promise was never met and instead the Israeli authorities enacted a law in 1953 and started to register the tribe's land to the Israeli development authority."
The Supreme Court decided Tuesday that al-Ukbi tribe failed to prove ownership of the land, and so they are not entitled to receive reimbursement.
Human Rights Watch condemned the court decisions, which pave the way for the eviction of Bedouins and Palestinians from their villages, calling on the state to let them stay put.
According to Human Rights Watch, the villagers say they were expelled from their land in 1948, when the state of Israel was established, and while they have been allowed to live there, Israel never recognized the village or approved a zoning plan for it.
In 2009, Israel approved plans for a Jewish village on the site, which means the Bedouins will be forced to relocate.
They are to be compensated for the land they relinquish.
The court said that since the Bedouins could theoretically live in the new town, this did not constitute discrimination.
In a separate ruling, it gave the green light to military orders to demolish the southern West Bank village of Susya, and relocate its 340 Palestinian residents nearby.
Israel said Susya was built on an archaeological site, and has refused to approve plans for homes there.
"It is a sad day when Israeli Supreme Court decisions provide legal cover for forced evictions, as in the case of these two villages," Sarah Leah Whitson, HRW's Middle East and North Africa director said in a statement.
"The Israeli government should let these communities stay where they are, not force them to move yet again." The court decisions "ignore international law in upholding discriminatory evictions by the Israeli authorities in Israel and the occupied territories," she added.
According to HRW, there are approximately 80,000 Bedouins in Israel living in unrecognized Negev villages that are under constant threat of demolition.
Israel has attempted to implement a plan that would regulate disputes of land ownership in the southern desert territory.
In the West Bank, Israeli authorities approved less than six percent of Palestinian building permit requests between 2000 and 2012, HRW said.
"Israeli authorities' zoning and demolition policies in the West Bank, in some cases, can effectively amount to forcible transfer," it said.
18 may 2015
Uday Darwish
An Israeli soldier was acquitted yesterday of killing Palestinian Uday Darwish near Hebron, West Bank, two years ago.
On 12 January 2013 Darwish, 21, walked through a gap in the Separation Wall on his way to work in the city of Rahat in the Negev.
Israeli soldiers called for him to stop, one fired four shots into the air while another hit Darwish in the knee. Darwish lost a lot of blood before he was transferred to hospital in Be'er Sheva where he was pronounced dead.
The military prosecutor had indicted the soldier for death, however they backed away from the accusation as part of a deal, instead the soldier was convicted of causing death by negligence and he was sentenced to seven months in a military prison.
However, a military court acquitted him of the charge.
An Israeli soldier was acquitted yesterday of killing Palestinian Uday Darwish near Hebron, West Bank, two years ago.
On 12 January 2013 Darwish, 21, walked through a gap in the Separation Wall on his way to work in the city of Rahat in the Negev.
Israeli soldiers called for him to stop, one fired four shots into the air while another hit Darwish in the knee. Darwish lost a lot of blood before he was transferred to hospital in Be'er Sheva where he was pronounced dead.
The military prosecutor had indicted the soldier for death, however they backed away from the accusation as part of a deal, instead the soldier was convicted of causing death by negligence and he was sentenced to seven months in a military prison.
However, a military court acquitted him of the charge.
The human rights organization Yesh Din warned in a new report issued Monday against the conduct of the Israeli law enforcement system in general, and the police in particular, in response to ideologically-motivated crime (including violence, damage to property, the seizure of land, and other offenses) carried out by settlers.
According to Yesh Din’s figures, 85.3 percent of investigative files are closed due the failure of the police investigators to locate suspects or to find sufficient evidence to enable indictment.
Only 7.4 percent of investigations yielded indictments against suspects.
Only one-third (32.7 percent) of legal proceedings have been ended in the full or partial conviction of the defendants.
The chance that a complaint submitted to the Israel Police by a Palestinian will lead to an effective investigation, the location of a suspect, prosecution, and ultimate conviction is just 1.9 percent.
The report detailed a series of failures at all stages of the investigations. The result of these failures is that around 85 percent of files are closed due to the failure of the police investigation to locate suspects or find sufficient evidence to indict suspects.
Law enforcement failures lead to meager results in terms of the indictment and conviction of offenders, the report pointed out.
Ziv Stahl, the director of Yesh Din’s Research Department and the author of the report, said that “the failures and structural problems described in the report lead to the inevitable conclusion that the law enforcement system in the West Bank lacks the most important component of all: a genuine motivation to investigate, prosecute, and convict Israeli offenders who attack Palestinians."
"Without enforcement there can be no deterrence. The state thereby conveys the message to offenders that it does not take a serious view of their actions, and perhaps even that it is not interested in halting these actions,” according to his statements.
According to Yesh Din’s figures, 85.3 percent of investigative files are closed due the failure of the police investigators to locate suspects or to find sufficient evidence to enable indictment.
Only 7.4 percent of investigations yielded indictments against suspects.
Only one-third (32.7 percent) of legal proceedings have been ended in the full or partial conviction of the defendants.
The chance that a complaint submitted to the Israel Police by a Palestinian will lead to an effective investigation, the location of a suspect, prosecution, and ultimate conviction is just 1.9 percent.
The report detailed a series of failures at all stages of the investigations. The result of these failures is that around 85 percent of files are closed due to the failure of the police investigation to locate suspects or find sufficient evidence to indict suspects.
Law enforcement failures lead to meager results in terms of the indictment and conviction of offenders, the report pointed out.
Ziv Stahl, the director of Yesh Din’s Research Department and the author of the report, said that “the failures and structural problems described in the report lead to the inevitable conclusion that the law enforcement system in the West Bank lacks the most important component of all: a genuine motivation to investigate, prosecute, and convict Israeli offenders who attack Palestinians."
"Without enforcement there can be no deterrence. The state thereby conveys the message to offenders that it does not take a serious view of their actions, and perhaps even that it is not interested in halting these actions,” according to his statements.
12 may 2015
An Israeli court on Tuesday sentenced a Palestinian for incitement and for supporting a terrorist organization based on Facebook posts that applauded militant attacks, his lawyer said. It was a rare case in which statements on social media were regarded as a crime.The defendant, Omar Shalabi, 45, a father of six from East Jerusalem, was sentenced to nine months in jail for 10 posts to his 5,000 friends and 755 followers that urged them to undertake “violent acts and acts of terrorism,” said the Hebrew-language indictment.
Legal rights groups said it was unusual for an Israeli court to accept speech on social media as a basis for conviction. But they said that in recent months the Israeli police had detained several Palestinians from East Jerusalem and Arab citizens of Israel for incitement over comments made on their social media networks.
Mr. Shalabi’s posts included a photograph of a Palestinian man who was killed after he plowed his car into a group of pedestrians in Jerusalem, killing a baby.
Four days after the attack, he wrote, “Hundreds of Jerusalem’s men are rising from their graves, and from under the hands of deprivation to cheer the soul of the martyr,” according to the indictment.
Another post praised two cousins who had stormed into a Jerusalem synagogue in November, killing five men. Mr. Shalabi posted the photographs of the attackers and wrote: “Ask death to grant you life; glory is bestowed upon the martyrs.”
“These posts motivated other Facebook users who shared the inciting contents with their friends and followers, who in turn supported the posts by pressing the “like” button,” the indictment said. “The mere use of this media, as the defendant has done, serves as a severe act, given the extensive circulation of the messages, as well as the ease with which these messages spread.”
Mr. Shalabi’s lawyer, Tariq Bargouth, said the basis for the conviction and punishment never established that Mr. Shalabi’s posts had encouraged any specific militant attack.
There have been a series of so-called lone-wolf attacks in Jerusalem, in which Palestinian men, without any political backing or leadership, attack Israeli civilians or security officers.
Avner Pinchuk, a lawyer with the Association for Civil Rights in Israel, which follows freedom of speech cases, said it was the first time he had heard that “incitement to terror in social media concluded in jail.”
Majd Kayyal, the media coordinator for Adalah, an organization that pursues the legal rights of Palestinians in Israel, accused security services of a double standard, saying they had not cracked down on Israeli Jews for incitement to violence online. He said his organization had tracked officials from the police and ambulance services who had encouraged violence against Palestinians on their Facebook pages, without punishment.
Mr. Kayyal said he also feared government officials were using the word “incitement” too loosely, saying they had to “prove a relation between what was written, and an incident that happened in reality.”
Legal rights groups said it was unusual for an Israeli court to accept speech on social media as a basis for conviction. But they said that in recent months the Israeli police had detained several Palestinians from East Jerusalem and Arab citizens of Israel for incitement over comments made on their social media networks.
Mr. Shalabi’s posts included a photograph of a Palestinian man who was killed after he plowed his car into a group of pedestrians in Jerusalem, killing a baby.
Four days after the attack, he wrote, “Hundreds of Jerusalem’s men are rising from their graves, and from under the hands of deprivation to cheer the soul of the martyr,” according to the indictment.
Another post praised two cousins who had stormed into a Jerusalem synagogue in November, killing five men. Mr. Shalabi posted the photographs of the attackers and wrote: “Ask death to grant you life; glory is bestowed upon the martyrs.”
“These posts motivated other Facebook users who shared the inciting contents with their friends and followers, who in turn supported the posts by pressing the “like” button,” the indictment said. “The mere use of this media, as the defendant has done, serves as a severe act, given the extensive circulation of the messages, as well as the ease with which these messages spread.”
Mr. Shalabi’s lawyer, Tariq Bargouth, said the basis for the conviction and punishment never established that Mr. Shalabi’s posts had encouraged any specific militant attack.
There have been a series of so-called lone-wolf attacks in Jerusalem, in which Palestinian men, without any political backing or leadership, attack Israeli civilians or security officers.
Avner Pinchuk, a lawyer with the Association for Civil Rights in Israel, which follows freedom of speech cases, said it was the first time he had heard that “incitement to terror in social media concluded in jail.”
Majd Kayyal, the media coordinator for Adalah, an organization that pursues the legal rights of Palestinians in Israel, accused security services of a double standard, saying they had not cracked down on Israeli Jews for incitement to violence online. He said his organization had tracked officials from the police and ambulance services who had encouraged violence against Palestinians on their Facebook pages, without punishment.
Mr. Kayyal said he also feared government officials were using the word “incitement” too loosely, saying they had to “prove a relation between what was written, and an incident that happened in reality.”
11 may 2015
The Israeli Magistrate Court ordered on Sunday the demolition and eviction of eight buildings in Semiramis neighborhood northern occupied Jerusalem. The buildings consist of 23 apartments housing 107 people.
The court claimed that the properties have been owned by Jewish Israelis since 1971.
According to the court's order, the residents are obliged to demolish the buildings by themselves by Aug. 1 unless they didn’t buy the apartments from the alleged Jewish owner Arieh King, head of the Israel Land Fund, a group which works to settle Jews in occupied Jerusalem.
A group of Palestinians bought a tract of land in 2001 in the neighborhood, with all parties registering the property with official bodies without any obstacles, Jerusalem newspaper explained.
However, Israeli authorities then confiscated 10,000 square meters of the land when construction of the separation wall began.
The court claimed that the properties have been owned by Jewish Israelis since 1971.
According to the court's order, the residents are obliged to demolish the buildings by themselves by Aug. 1 unless they didn’t buy the apartments from the alleged Jewish owner Arieh King, head of the Israel Land Fund, a group which works to settle Jews in occupied Jerusalem.
A group of Palestinians bought a tract of land in 2001 in the neighborhood, with all parties registering the property with official bodies without any obstacles, Jerusalem newspaper explained.
However, Israeli authorities then confiscated 10,000 square meters of the land when construction of the separation wall began.
10 may 2015
Israeli state pushes court to take an unusual step threatening immediate demolition of an entire Palestinian village
By refusing to issue an interim order until the case is heard, the court is allowing for the demolition of the Palestinian village of Susya and subsequent expulsion of its 340 residents to Area A.
The refusal of the state to the request of an interim order freezing the demolitions suggests it has plans to demolish the village in the near future.
The court allows the state to destroy the village before even deciding on the case.
Israeli High Court Judge Noam Solberg rejected, few days ago, the request for an interim order by the Palestinian village of Susya, represented by Rabbis for Human Rights, in a petition against the Civil Administration's decision to reject the master plan prepared by the village and against subsequent demolition of the entire village.
The village argued that their plan was rejected for non-professional reasons and that the village should be legalized due to its unique history. The residents sought an interim order to freeze the implementation of the demolitions until the petition is heard, as is standard practice in these sort of cases.
It was against this request for an interim order that Justice Solberg, without even conducting a hearing on the request, made the unusual move of granting the state's request not to freeze the orders. This decision means that the Civil Administration can now destroy Susya at any time. The demolition of the village will lead to hundreds of residents living in the desert with no roof over their heads and may result in their displacement. The state's refusal to commit to waiting for a conclusion to the court proceedings raises great alarm that it intends to implement the demolition order in the near future; tragically, it seems the villagers are in real danger.
In the petition, Susya's residents claimed that the army is obliged to legalize their village as it was the one to confiscate their land and their caves in 1986, leaving them without a housing solution and forcing them to move to their adjacent agricultural lands. As evidence to the life in the village prior to the expropriation, various testimonials and photographs of life in caves were presented to the judge. Among other things, there were documented photos of a visit by the US Consulate to the village at the beginning of 1986. The photos and testimony clearly shows that the Palestinian village of Susya is an old village formed prior to the Israeli occupation and the declaration of the area as an archaeological site.
Among the evidence was the opinion of the late governmental legal adviser Plia Albeck (considered to be very pro-settlement and who wrote in her memoirs that she tried to find legal ways to declare Palestinian land as State land), indicating the existence of a Palestinian village in 1982 where today the archaeological site stands.
Despite the evidence presented before him, revealing the many injustices done to the villagers – from the expropriation and dispossession of their lands, to the refusal by the state to recognize the status of the village in its new location - Judge Sohlberg did not agree to hear the case before allowing the demolishment the village and setting the fate of its inhabitants.
Attached to the petition, inter alia, was an expert opinion by Prof. Eyal Benvenisti, a renowned expert in international law, stipulating that the demolition of the village of Susya constitutes a war crime.
This week, a report by radical right-wing NGO "Regavim" (which has close ties to the settlement enterprise) was exposed indicating that in the nearby Jewish settlement, also called Susia, there are 23 illegal homes built on private Palestinian land. We have no indication of any attempt by the state to demolish these illegal structures in the settlement Sussia or in its nearby outposts. We see in this current situation that this Jewish settlement, whose very existence is prohibited by international law, and where some of its homes are sitting on private Palestinian land, is prosperous, while the Palestinian village of Susya, whose inhabitants are on their own private land, is at risk of displacement and loss of their entire village.
Background:
In 1986 the village of Susya was declared an archaeological site, its land expropriated, and its inhabitants, who lived in caves, were deported. While the Palestinians were told that they could not reside in an archeological site, Israeli settlers live in an illegal outpost located inside the archeological site.
After the expulsion, villagers were forced to move to their neighboring agricultural plots. Because there was no willingness to grant a zoning plan, they involuntarily became illegal builders. Dozens of villagers followed procedures in attempts to obtain building permits, but those attempts were rejected. In 2012 the villagers raised funds and submitted a proposed master plan, drawn up by Professor Rassem Khamaiseh, for the Civil Administration for review. The plan would authorize construction in the village according to accepted standards of professional planning.
The plan was rejected in 2013 on very questionable grounds, indicating a double standard in planning, and blatant discrimination against the Palestinian population. For example, it was argued that the number of residents in the village, which is a few hundred people, is not substantial enough to grant it independent planning as its own entity. On the other hand, dozens of unauthorized outposts which are built housing only a handful of residents are approved by the Civil Administration's planning body.
In addition, it was argued that the plan will prevent the population from properly developing and moving out of poverty, and therefore, they should be moved to an adjacent city. It should be noted that the city is, of course, in Area A, and what actually prevents the progress of Susya is the lack of infrastructure which they are prevented from building. Also important to note is that Israelis are permitted to choose their preferred way of life - be it urban or rural, and are not forced by the state into one or the other.
In 2014, Rabbis for Human Rights petitioned the High Court on behalf of the Susya village council and its residents against the decision to reject the village master plan (HCJ 1420/14). As mentioned, on May 5th the court rejected the request for an interim injunction, leaving the whole village vulnerable to imminent demolition.
The big picture:
The danger of demolishing and expropriating the village of Susya reflects the systemic problem of planning for Palestinian villages located in Area C; in these villages, planning is done by military planning committees, without representation of Palestinians, with the intent of preventing residents from building on their own land based on reasonable and professional planning standards. A recent High Court petition, submitted by the village council Dirat, Rabbis for Human Rights, Jerusalem Legal Aid and Human Rights Society, the Israeli Committee Against House Demolitions, and St. Yves - Catholic Human Rights Center, demands planning authority be returned to Palestinian villages for their own communities in order to prevent the tragic demolitions of hundreds of homes every year due to the impossibility of obtaining building permits.
By refusing to issue an interim order until the case is heard, the court is allowing for the demolition of the Palestinian village of Susya and subsequent expulsion of its 340 residents to Area A.
The refusal of the state to the request of an interim order freezing the demolitions suggests it has plans to demolish the village in the near future.
The court allows the state to destroy the village before even deciding on the case.
Israeli High Court Judge Noam Solberg rejected, few days ago, the request for an interim order by the Palestinian village of Susya, represented by Rabbis for Human Rights, in a petition against the Civil Administration's decision to reject the master plan prepared by the village and against subsequent demolition of the entire village.
The village argued that their plan was rejected for non-professional reasons and that the village should be legalized due to its unique history. The residents sought an interim order to freeze the implementation of the demolitions until the petition is heard, as is standard practice in these sort of cases.
It was against this request for an interim order that Justice Solberg, without even conducting a hearing on the request, made the unusual move of granting the state's request not to freeze the orders. This decision means that the Civil Administration can now destroy Susya at any time. The demolition of the village will lead to hundreds of residents living in the desert with no roof over their heads and may result in their displacement. The state's refusal to commit to waiting for a conclusion to the court proceedings raises great alarm that it intends to implement the demolition order in the near future; tragically, it seems the villagers are in real danger.
In the petition, Susya's residents claimed that the army is obliged to legalize their village as it was the one to confiscate their land and their caves in 1986, leaving them without a housing solution and forcing them to move to their adjacent agricultural lands. As evidence to the life in the village prior to the expropriation, various testimonials and photographs of life in caves were presented to the judge. Among other things, there were documented photos of a visit by the US Consulate to the village at the beginning of 1986. The photos and testimony clearly shows that the Palestinian village of Susya is an old village formed prior to the Israeli occupation and the declaration of the area as an archaeological site.
Among the evidence was the opinion of the late governmental legal adviser Plia Albeck (considered to be very pro-settlement and who wrote in her memoirs that she tried to find legal ways to declare Palestinian land as State land), indicating the existence of a Palestinian village in 1982 where today the archaeological site stands.
Despite the evidence presented before him, revealing the many injustices done to the villagers – from the expropriation and dispossession of their lands, to the refusal by the state to recognize the status of the village in its new location - Judge Sohlberg did not agree to hear the case before allowing the demolishment the village and setting the fate of its inhabitants.
Attached to the petition, inter alia, was an expert opinion by Prof. Eyal Benvenisti, a renowned expert in international law, stipulating that the demolition of the village of Susya constitutes a war crime.
This week, a report by radical right-wing NGO "Regavim" (which has close ties to the settlement enterprise) was exposed indicating that in the nearby Jewish settlement, also called Susia, there are 23 illegal homes built on private Palestinian land. We have no indication of any attempt by the state to demolish these illegal structures in the settlement Sussia or in its nearby outposts. We see in this current situation that this Jewish settlement, whose very existence is prohibited by international law, and where some of its homes are sitting on private Palestinian land, is prosperous, while the Palestinian village of Susya, whose inhabitants are on their own private land, is at risk of displacement and loss of their entire village.
Background:
In 1986 the village of Susya was declared an archaeological site, its land expropriated, and its inhabitants, who lived in caves, were deported. While the Palestinians were told that they could not reside in an archeological site, Israeli settlers live in an illegal outpost located inside the archeological site.
After the expulsion, villagers were forced to move to their neighboring agricultural plots. Because there was no willingness to grant a zoning plan, they involuntarily became illegal builders. Dozens of villagers followed procedures in attempts to obtain building permits, but those attempts were rejected. In 2012 the villagers raised funds and submitted a proposed master plan, drawn up by Professor Rassem Khamaiseh, for the Civil Administration for review. The plan would authorize construction in the village according to accepted standards of professional planning.
The plan was rejected in 2013 on very questionable grounds, indicating a double standard in planning, and blatant discrimination against the Palestinian population. For example, it was argued that the number of residents in the village, which is a few hundred people, is not substantial enough to grant it independent planning as its own entity. On the other hand, dozens of unauthorized outposts which are built housing only a handful of residents are approved by the Civil Administration's planning body.
In addition, it was argued that the plan will prevent the population from properly developing and moving out of poverty, and therefore, they should be moved to an adjacent city. It should be noted that the city is, of course, in Area A, and what actually prevents the progress of Susya is the lack of infrastructure which they are prevented from building. Also important to note is that Israelis are permitted to choose their preferred way of life - be it urban or rural, and are not forced by the state into one or the other.
In 2014, Rabbis for Human Rights petitioned the High Court on behalf of the Susya village council and its residents against the decision to reject the village master plan (HCJ 1420/14). As mentioned, on May 5th the court rejected the request for an interim injunction, leaving the whole village vulnerable to imminent demolition.
The big picture:
The danger of demolishing and expropriating the village of Susya reflects the systemic problem of planning for Palestinian villages located in Area C; in these villages, planning is done by military planning committees, without representation of Palestinians, with the intent of preventing residents from building on their own land based on reasonable and professional planning standards. A recent High Court petition, submitted by the village council Dirat, Rabbis for Human Rights, Jerusalem Legal Aid and Human Rights Society, the Israeli Committee Against House Demolitions, and St. Yves - Catholic Human Rights Center, demands planning authority be returned to Palestinian villages for their own communities in order to prevent the tragic demolitions of hundreds of homes every year due to the impossibility of obtaining building permits.
