<?xml version="1.0" encoding="UTF-8" standalone="yes"?><oembed><version><![CDATA[1.0]]></version><provider_name><![CDATA[Occupied Palestine | فلسطين]]></provider_name><provider_url><![CDATA[https://occupiedpalestine.wordpress.com]]></provider_url><author_name><![CDATA[occupiedpalestine]]></author_name><author_url><![CDATA[https://occupiedpalestine.wordpress.com/author/hajarhajar/]]></author_url><title><![CDATA[Breaking: Abdallah Abu Rahmah to stay in jail as judge upholds state&nbsp;appeal]]></title><type><![CDATA[link]]></type><html><![CDATA[<p class="byline"><abbr class="published" title="Tuesday, January 11th, 2011, 5:32 am">Tuesday, January 11 2011<span class="author vcard">|<a class="url fn n" title="Joseph Dana" href="http://972mag.com/author/josephd/">Joseph Dana</a></span></abbr></p>
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<p><strong>The Ofer military court has accepted the military  prosecution’s appeal  to harshen  Abdallah Abu Rahmah’s sentence to a  total of 16 months. Abu Rahmah was  supposed to be released on November  18</strong><sup>th</sup><strong> 2010, but was kept  in detention by the  military prosecution’s request, despite having  finished serving his  term. He will now serve an additional 2-3 months in  prison. With the  death of Jawaher Abu Rahmah two weeks ago and continued jailing of  Abdallah Abu Rahmah today, the State of Israel is showing the  world exactly how it crushes nonviolent resistance in the West Bank with  forces and a mockery of justice. </strong></p>
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<p class="wp-caption-text">Abdullah Abu Rahmah sits inside the courtoom at Ofer military jail near the West Bank city of Ramallah (photo: activestills.org)</p>
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<p>After ordering to keep Abdallah Abu Rahmah in detention past his release date on the 18<sup>th</sup> of November 2010, the Military Court of Appeals sided with the   prosecution’s appeal demanding to aggravate the one-year sentence   imposed on Abu Rahmah. The prosecution asked the court to harshen the   sentence so that it exceeds two years imprisonment. However, the judge   gave a sentence of a total of sixteen months. He has been in jail for   exactly thirteen months and one day. He will now serve three more months   to complete the sixteen month sentence.</p>
<p>The judge sided with the military prosecution in front of a packed   courtroom, which included the German and Spanish heads of consul in East   Jerusalem, as well as diplomatic representatives from France, Sweden,   Denmark, Austria, United Kingdom and the European Commission. Despite   international outrage, the prosecution openly argued that the sentence   should be extended for political reasons, namely “to serve as a   deterrence not only to [Abu Rahmah] himself, but also to others who may   follow in his footsteps.” Abdallah Abu Rahmah served as the coordinator   of the Bil’in Popular Committee Against the Wall and Settlements until   his arrest last year. Such arguments by the prosecution expose the  real  motivation behind the countless recent arrests of anti-Wall  organizers  and activists, which is to squash the popular struggle  movement in the  West Bank.</p>
<p>In his verdict the judge agrued that it was important to emphasise  that there were many  similarities between Abdallah and Adeeb Abu  Rahma’s cases. In his view, “It is clear  that Abdallah did not choose  to carry out his struggle using recognised  or accepted methods of  freedom of expression.  In addition he chose to  include others in his  actions.  Instead of giving him a round of  applause the court should  recognise that he has been a part of a violent  struggle which has  continued over a long period of time.  Abdallah is a  member of an  organisation which disturbs the public order by carrying  out acts which  have been pre-planned, not taken spontaneously.” The State of Israel  clearly understand legimate and unarmed demonstration to be ‘violent”  and an “attack on Israel” This begs the question of what resourcse the  Palestinians have in peacefully resistening Israeli occupation?</p>
<p><strong>Adv. Gabi Lasky, Abdallah Abu Rahmah’s lawyer: </strong>“Israel   has tried violent means to hinder and stop the popular unarmed   demonstrations in the West Bank. Military courts are an instrument of   the occupation and their verdicts are devised to help the occupation   continue. This decision makes a mockery of the law and justice itself.”</p>
<p>Indeed, Israel has used every avenue at its disposal to stop West  Bank demonstrations. Recently, an unarmed demonstrators was killed from  tear gas inhalation bringing the total number of killed unarmed  demonstrators to 21 since 2005.  Even Israelis join these demonstrations  are at risk from the Israeli military and legal machine. Today, Israeli  activist Jonathan Pollak began a three month jail term for riding his  bike in peaceful protest of the siege of Gaza in 2008. The only Israeli  to be jailed in connection with the Gaza, Pollak told the court that <a href="http://972mag.com/israeli-activist-jonathan-pollak-addresses-sentencing-judge/">he will go to jail with his head held high</a> because it is the Israeli justice system which should lower its eyes for ignoring the aggression of the Gaza assault.</p>
<p>Israel is a crisis which shows no signs of letting up. While this is  clear to most political observers what is not is how Israel has crushed  Abdallah Abu Rahmah, a Palestinian Gandhi. Below is a detailed  background of the case:</p>
<p>On October 11<sup>th</sup> 2010, Abu Rahmah was sentenced to twelve   months imprisonment for his prominent role in his village’s successful   campaign against the construction of Israel’s Separation Barrier on its   lands. Abu Rahmah was convicted of two Freedom of Expression charges –   incitement and organizing illegal demonstrations, but was cleared of  all  charges connecting him with direct violence.</p>
<p>Abu Rahmah was to be released from prison on November 18th, when the   prison term he was sentenced to ended, but was kept in jail on the  order  of the Military Court of Appeals. The controversial decision  directly  conflicts with the jurisprudence of the Israeli Hight Court on  the  issue, instructing that a prisoner should only be kept under  arrest  after his term was over in the most extenuating of  circumstances.</p>
<p>Abu Rahmah was declared a human rights defender by the European   Union, and his conviction and sentence generated international outrage,   and was denounced by human rights organizations and the international   community alike, including EU foreign policy chief, <a class="external" href="http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/116232.pdf" target="_blank">Catherine Ashton</a>.</p>
<p><strong>Background</strong><br />
Abu Rahmah, the coordinator of the Bil’in Popular Committee Against the Wall and Settlements, was <a class="external" href="http://popularstruggle.org/content/bilin-leader-abdallah-abu-rahmah-arrested-during-military-night-raid" target="_blank">arrested last year </a>by soldiers who raided his home at the middle of the night and was subsequently <a class="external" href="http://popularstruggle.org/content/display-used-tear-gas-canisters-earns-bilin-activist-arms-charge" target="_blank">indicted before an Israeli military court </a>on   unsubstantiated charges that included stone-throwing and arms   possession. Abu Rahmah was cleared of both the stone-throwing and arms   possession charges, but <a class="external" href="http://popularstruggle.org/content/bilins-abdallah-abu-rahmah-cleared-stone-throwing-convicted-incitement" target="_blank">convicted </a>of organizing illegal demonstrations and incitement.</p>
<p>An exemplary case of mal-use of the Israeli military legal system in   the West Bank for the purpose of silencing legitimate political  dissent,  Abu Rahmah’s conviction was subject to harsh international  criticism.  The EU foreign policy chief, Catherine Ashton, <a class="external" href="http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/116232.pdf" target="_blank">expressed her deep concern </a>“that   the possible imprisonment of Mr Abu Rahma is intended to prevent him   and other Palestinians from exercising their legitimate right to   protest[&#8230;]“, after EU diplomats attended all hearings in Abu Rahmah’s   case. Ashton’s statement was followed by one from the <a class="external" href="http://popularstruggle.org/content/spanish-parliament-condemns-abdallah-abu-rahmahs-conviction#statement" target="_blank">Spanish Parliament</a>.</p>
<p>Renowned South African human right activist, Archbishop Desmond Tutu, called on Israel to <a class="external" href="http://theelders.org/media/mediareleases/elders-chair-desmond-tutu-calls-conviction-west-bank-activist-abdallah-abu-rahma" target="_blank">overturn Abu Rahmah’s conviction </a>on behalf of <a class="external" href="http://theelders.org/" target="_blank">the Elders</a>,   a group of international public figures noted as elder statesmen,  peace  activists, and human rights advocates, brought together by Nelson   Mandela. Members of the Elders, including Tutu, have met with Abu  Rahmah  on their visit to Bil’in prior to his arrest.</p>
<p>International human rights organization <a class="external" href="http://www.amnesty.org/en/news-and-updates/palestinian-anti-wall-protester-convicted-israeli-military-court-2010-08-27" target="_blank">Amnesty International condemned </a>Abu Rahmah’s conviction as an assault on the right to freedom of expression. Human Rights Watch <a class="external" href="http://www.hrw.org/en/news/2010/09/08/israel-activist-convicted-after-unfair-trial" target="_blank">denounced the conviction</a>, pronouncing the whole process “an unfair trial”.</p>
<p>Israeli organizations also distributed statements against the conviction – including a statement by <a class="external" href="http://www.btselem.org/English/Press_Releases/20101010.asp" target="_blank">B’Tselem</a> which raises the issue of questionable testimonies by minors used to   convict Abu Rahme, and The Association for Civil Rights in Israel (ACRI)   which highlights the impossibility of organizing legal demonstrations   for Palestinians in the West Bank.</p>
<p><strong>Legal Background</strong><strong><br />
</strong>Abu Rahmah, the  coordinator of the Bil’in Popular Committee  Against the Wall and  Settlements, was acquitted of two out of the four  charges brought  against him in the indictment – stone-throwing and a  ridiculous and  vindictive arms possession charge. According to the  indictment, Abu  Rahmah collected used tear-gas projectiles and bullet  casings shot at  demonstrators, with the intention of exhibiting them to  show the  violence used against demonstrators. This absurd charge is a  clear  example of how eager the military prosecution is to use legal  procedures  as a tool to silence and smear unarmed dissent.</p>
<p>The court did, however, find Abu Rahmah guilty of two of the most   draconian anti-free speech articles in military legislation: incitement,   and organizing and participating in illegal demonstrations. It did so   based only on testimonies of minors who were arrested in the middle of   the night and denied their right to legal counsel, and despite   acknowledging significant ills in their questioning.</p>
<p>The court was also undeterred by the fact that the prosecution failed   to provide any concrete evidence implicating Abu Rahmah in any way,   despite the fact that all demonstrations in Bil’in are systematically   filmed by the army.</p>
<p>Under military law, incitement is defined as “The attempt, verbally   or otherwise, to influence public opinion in the Area in a way that may   disturb the public peace or public order” (section 7(a) of the Order   Concerning Prohibition of Activities of Incitement and Hostile   Propaganda (no.101), 1967), and carries a 10 years maximal sentence.</p>
<p><strong><em>Abdullah Abu Rahmah is +972 Magazine’s Person of the Year. Click <a href="http://972mag.com/972-magazine%E2%80%99s-person-of-the-year-abdullah-abu-rahmah/">here</a> to read more about his story </em></strong></p>
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<p><a href="http://972mag.com/judge-sides-with-military-prosecution-to-keep-bilins-abdallah-abu-rahmah-in-jail/">Breaking: Abdallah Abu Rahmah to stay in jail as judge upholds state appeal</a>.</p>
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<h2>Related</h2>
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<li><a href="http://www.maannews.net/eng/ViewDetails.aspx?ID=350324">Amnesty condemns extension of activist&#8217;s jail term</a> | Ma&#8217; an News Agency</li>
</ul>
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