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NYT: Pervasive surveillance is a serious threat — in China

By Glenn Greenwald| August 3, 2010

Yesterday, I wrote about the proliferation of the private online surveillance industry, how it furnishes ever more thorough and invasive information to the U.S. Government about citizens’ online activities, and why that destruction of privacy is so dangerous  My Salon colleague, Dan Gillmor, yesterday detailed just how comprehensive are the online surveillance capabilities which enable all of this.  Today, The New York Times confronts the same problem of privacy destruction at the hands of a pervasive Surveillance State . . . in China.  In a perfectly interesting article, Michael Wines describes how the Chinese Government has placed surveillance cameras covering virtually every public space in two of its more “restive” provinces, which last year saw deadly fighting between ethnic minorities and the Government.  He describes the dangers as follows:

Much of the proliferation is driven by the same rationales as in Western nations: police forces stretched thin, rising crime, mushrooming traffic jams and the bureaucratic overkill that attends any mention of terrorism.

But China also has another overriding concern — controlling social order and monitoring dissent. And some human rights advocates say they fear that the melding of ever improving digital technologies and the absence of legal restraints on surveillance raise the specter of genuinely Orwellian control over society. . . .

Officials say the cameras leverage the latest technology to battle crime and terrorism Guangdong provincial officials told Chinese news services last year that their new cameras had deterred more than 18,000 street crimes even before the one million cameras had been fully deployed. In Kunming, in south-central China, crime dropped 10 percent after the police installed new cameras, the city’s deputy police chief told a security forum last spring.

That said — and some Western skeptics dispute claims of the cameras’ crime-fighting success — China’s video surveillance clearly has a darker side. . . . The longer-term concern . . . is that video surveillance will become a pervasive tool for controlling not only China’s comparative handful of dissidents, but the masses of people who ordinarily would not run afoul of the state.

So government surveillance “clearly has a darker side” and could become “a pervasive tool for controlling not only dissidents, but the masses of people who ordinarily would not run afoul of the state”?  You don’t say.  Thank God we don’t live in a place like China where that happens, but instead in the U.S., where surveillance is only motivated by a desire to stop Terrorism and other crimes.

It’s certainly true that China deploys surveillance cameras far more aggressively, at least in these two provinces, than the U.S. does.  But the level of other types of at least equally invasive surveillance by the U.S. Government — including warrantless monitoring of telephone and Internet communications records, as well as Internet browsing activities — is approaching the level of absoluteness.  As the ACLU’s privacy expert Chris Calabrese told me yesterday:  “if the Government can monitor your Internet searches and store your broswing history, the list of websites you visit, that’s close to being able to read your mind.”  And, of course, the 2008 FISA Amendments Act dramatically expanded the Government’s ability to read the content of Americans’ emails and eavesdrop on their calls without warrants.

It isn’t as though the U.S. has no history of severe surveillance abuses by the Government against its citizens.  The opposite is true.  It’s not really hyperbole to say that every decade of the last century has seen such abuses, with a fairly unbroken trend toward more ever-invasive measures, including many in the last decade.  The only episode that imposed some mild restraints — the mid-1970s reforms brought about by the Church Committee’s exposure of decades of severe abuses — has been drowned by the post-9/11 explosion of the Surveillance State.  And then there was that instantly forgotten Washington Post series from a couple weeks ago documenting how our Surveillance State is so vast and secretive that nobody even knows what it does, let alone restrains it.

But anyway:  let’s fret about the dark side of China’s surveillance activities.  It’s always bizarre how eager we are to focus on the threatening acts of other countries’ Governments and how finely attuned we’re willing to be to the likelihood for abuse — over there — while blissfully averting our eyes from similar threats from our own Government and remaining happily faithful that our own government officials would never do such things no matter how many times they do.

August 4, 2010 Posted by | Civil Liberties, Full Spectrum Dominance, Mainstream Media, Warmongering | Leave a comment

ACLU, CCR seek to have Obama enjoined from killing Awlaki without due process

By Glenn Greenwald | August 3, 2010

A major legal challenge to one of the Obama administration’s most radical assertions of executive power began this morning in a federal courthouse in Washington, DC.  Early last month, the ACLU and the Center for Constitutional Rights were retained by Nasser al-Awlaki, the father of Obama assassination target (and U.S. citizen) Anwar al-Awlaki, to seek a federal court order restraining the Obama administration from killing his son without due process of law.  But then, a significant and extraordinary problem arose:   regulations promulgated several years ago by the Treasury Department prohibit U.S. persons from engaging in any transactions with individuals labeled by the Government as a “Specially Designated Global Terrorist,” and those regulations specifically bar lawyers from providing legal services to such individuals without a special “license” from the Treasury Department specifically allowing such representation.

On July 16 — roughly two weeks after Awlaki’s father retained the ACLU and CCR to file suit — the Treasury Department slapped that label on Awlaki.  That action would have made it a criminal offense for those organizations to file suit on behalf of Awlaki or otherwise provide legal representation to him without express permission from the U.S. Government.  On July 23, the two groups submitted a request for such a license with the Treasury Department, and when doing so, conveyed the extreme time-urgency involved:  namely, that there is an ongoing governmental effort to kill Awlaki and any delay in granting this “license” could cause him to be killed without these claims being heard by a court.  Despite that, the Treasury Department failed even to respond to the request.

Left with no choice, the ACLU and CCR this morning filed a lawsuit on their own behalf against Timothy Geithner and the Treasury Department.  The suit argues that Treasury has no statutory authority under the law it invokes — The International Emergency Economic Powers Act — to bar American lawyers from representing American citizens on an uncompensated basis.  It further argues what ought to be a completely uncontroversial point:  that even if Congress had vested Treasury with this authority, it is blatantly unconstitutional to deny American citizens the right to have a lawyer, and to deny American lawyers the right to represent clients, without first obtaining a permission slip from Executive Branch officials (the Complaint is here).  As the ACLU/CCR Brief puts it:  “The notion that the government can compel a citizen to seek its permission before challenging the constitutionality of its actions in court is wholly foreign to our constitutional system” and “[a]s non-profit organizations dedicated to protecting civil liberties and human rights, Plaintiffs have a First Amendment right to represent clients in litigation consistent with their organizational missions.”  The Brief also argues that it is a violation of Separation of Powers to allow the Executive Branch to determine in its sole discretion who can and cannot appear in and have access to a federal court.

Today’s lawsuit seeks, on an emergency basis, an Order declaring the Treasury Department’s asserted power to be without statutory authority and/or in violation of the U.S. Constitution, and to bar the U.S. Government from imposing any penalties whatsoever (criminal or otherwise) on the ACLU and CCR for providing legal representation to Awlaki.  Assuming the court issues such an order, the next step will be for a lawsuit to be quickly filed on Awlaki’s behalf to enjoin his targeted assassination.

It’s rather amazing that the Federal Government asserts the right to require U.S. citizens and American lawyers to obtain government permission before entering into an attorney-client relationship — all because these officials decided on their own, with no process, to call the citizen a “Global Terrorist.”  It’s difficult to imagine a more blatantly unconstitutional power than that.  What kind of an American would think the Government has the power to decide whether citizens may or may not be represented by lawyers?  Then again, this is an administration that asserts the power to choose American citizens for targeted killings far from any battlefield with no due process of any kind — and plenty of its supporters are perfectly content with this — so nothing should really be surprising.

If one really thinks about it, it’s an incredible spectacle that a lawsuit is being filed with the aim of having Barack Obama enjoined by a Federal Court from killing an American citizen, far away from any battlefield, without any due process whatsoever.  That such a suit was never filed during the Bush years, but is now necessary under the rule of this Constitutional Scholar almost a decade after the 9/11 attack, speaks volumes about many important facts.

The Awlaki lawsuit, if it can proceed, will likely face serious obstacles, beginning with the same warped tactic which both the Bush and Obama administrations have repeatedly invoked to shield illegal surveillance and torture from judicial scrutiny:  first, refuse to confirm whether such a program exists (notwithstanding public admissions that it does) on the ground such matters are “state secrets,” and then, with Kafkaesque perfection, insist that the lawsuit must be dismissed because (thanks to the Government’s refusal to acknowledge it) there is no evidence that Awlaki is subject to such an assassination program and thus lacks “standing” to sue.  It’s also possible that a federal judge will be highly reluctant to restrain the President from targeting alleged Terrorists, or will view the AUMF as constituting Congressional authorization for the President to kill anyone who is allegedly associated with Al Qaeda no matter where they are found (on the ground that the whole world is a “battlefield”), particularly if they’re alleged (without proferred evidence) to be involved in ongoing, imminent Terrorist plots.

But whatever anyone thinks of those issues, it should offend every American that the Government purports to have the power to ban lawyers from representing citizens without its permission, which (as it’s doing here) it can withhold without explanation and in its sole discretion.  Does any American want the Government to have that power with respect to citizens:  to bar lawyers, under the threat of criminal prosecution, from representing you if the Government calls you a Terrorist?  That’s the power the Obama administration is asserting and, in this case, actively wielding.  A court will now decide if it has the legal authority to do that, and if the court decides it does not, the next step will be a lawsuit brought on behalf of Awlaki contesting Obama’s authority to order American citizens killed without any criminal charges or due process.  The Obama administration should be very proud of itself.

August 3, 2010 Posted by | Civil Liberties, Progressive Hypocrite | Leave a comment

Defence for Children International submits evidence of Israeli forces using 14-year-old as human shield to UN, asks for investigation

DCI-Pal | August 3, 2010

On 3 August 2010, DCI-Palestine submitted a case involving the use of a child as a human shield to the UN Special Rapporteur on Torture for further investigation.

DCI-Palestine has received credible evidence that on 16 April 2010, a 14-year-old boy was used as a human shield by units of the Israeli army whilst conducting operations in the village of Beit Ummar, near Hebron, in the Occupied Palestinian Territory. It is alleged that two soldiers forced the boy to walk in front of them in an attempt to shield the soldiers from stones being thrown during clashes with local Palestinian youths. The boy was subsequently tied, blindfolded and beaten, before being released several hours later, without charge. Part of the incident was photographed and reported in Ma’an News.

The practice of using human shields involves forcing civilians to directly assist in military operations or using them to shield an area or troops from attack. Both of these circumstances expose civilians to physical, and sometimes, mortal danger. Civilians are usually threatened and/or physically coerced into performing these tasks, most of the time at gunpoint. The practice is illegal under both international and Israeli domestic law.

Since April 2004, DCI-Palestine has documented 15 cases involving Palestinian children being used as human shields by the Israeli army. Fourteen of the 15 cases, occurred after the Israeli High Court of Justice ruled the practice to be illegal in October 2005, suggesting that the army is not effectively implementing the Court’s decision.

# Name Date of incident Age at incident Nature of incident
1 M.B. 15 Apr 04 13 Tied to the bonnet of a military jeep for four hours during clashes.
October 2005
Israeli High Court rules that the use of civilians as human shields is illegal
2 A.E. 26 Feb 07 15 Forced at gunpoint to walk in front of soldiers during clashes.
3 J.D. 28 Feb 07 11 Forced at gunpoint to walk in front of soldiers and enter an abandoned house in search of combatants.
4 I.M. 11 Apr 07 14 Forced to sit for 15 minutes on the bonnet of a jeep during clashes.
5 O.G. 11 Apr 07 15 Forced to sit for 10 minutes on the bonnet of a jeep during clashes.
6 R.N. 11 Jul 07 14 Wounded whilst being forced to evacuate a house.
7 A.S. 04 Jan 09 14 Detained for 10 days and forced to search houses during war in Gaza.
8 A.A. 05 Jan 09 15 Detained close to military operations for four days during war in Gaza.
9 A.A. 05 Jan 09 16 Detained close to military operations for four days during war in Gaza.
10 N.A. 05 Jan 09 17 Detained close to military operations for four days during war in Gaza.
11 K.A. 05 Jan 09 15 Detained close to military operations for four days during war in Gaza.
12 H.A. 05 Jan 09 12 Detained close to military operations for four days during war in Gaza.
13 Majed R. 15 Jan 09 9 Forced at gunpoint to search bags thought to contain explosives during war in Gaza.
14 D.A. 18 Feb 10 16 Forced at gunpoint to search for a weapon.
15 S.A. 16 Apr 10 14 Forced at gunpoint to walk in front of soldiers during clashes.

On 7 April 2009, DCI-Israel wrote to the Israeli Ministers of Justice and Defence requesting information regarding what measures the authorities had taken to investigate five specified incidents involving the use of children as human shields. Some seven months later, DCI received a response from the authorities, dated 3 November 2009, requesting further information regarding just one of the incidences referred to, the case of nine-year-old Majed R. who was used as a human shield during the war in Gaza. Two soldiers were subsequently charged in the case with deviating from authority to the extent of endangering life or health and unbecoming behaviour, in circumstances where the child was forced at gunpoint to search bags thought to potentially contain explosives. A decision has yet to be handed down in the case. As far as DCI is aware, no other investigations leading to charges have been conducted in the 14 other documented cases, and the authorities have not requested any further information.

DCI reiterates its position that full and impartial investigations meeting international standards must be carried out in all cases involving the use of children as human shields, and that the army be given adequate training and supervision to ensure compliance with the 2005 ruling of the Israeli High Court of Justice.

The 14-year-old boy the subject of the present complaint continues to experience behavioural problems, lack of concentration and memory loss since reportedly being used as a human shield in April 2010.



August 3, 2010 Posted by | Civil Liberties, Subjugation - Torture | Leave a comment

The ADL Spying Case Is Over, But The Struggle Continues

By Jeffrey Blankfort, Anne Poirier and Steve Zeltzer – Plaintiffs in the of ADL Spying Case – February 25, 2002

In 1993, the District of Attorney of San Francisco released 700 pages of documents implicating the Anti-Defamation League, an organization that claims to be a defender of civil rights, in a vast spying operation directed against American citizens who were opposed to Israel’s policies in the Occupied West Bank and Gaza and to the apartheid policies of the government of South Africa and passing on information to both governments.

Under great political pressure, Smith later dropped the charges. One wonders what would have happened had an Arab-American or Muslim organization been caught spying with the names of 10,000 people and 600 organizations in their files.

Not only were critics of Israel under ADL’s surveillance, including thousands of Arab-Americans, but labor organizations such as the San Francisco Labor Council, ILWU Local 10, and the Oakland Educational Association, and civil rights groups such as the NAACP, Irish Northern Aid, International Indian Treaty Council and the Asian Law Caucus were also found in the “pinko” files of ADL’s undercover operative, Roy Bullock.

Moreover, Bullock, who had worked, off the books, for the ADL for more than 25 years, admitted that he had been reporting on the activities of black South African exiles and American anti- apartheid activists for South African intelligence.

Bullock, pretending to be sympathetic to the Palestinian cause, came to the founding meeting of the Labor Committee of the Middle in 1987 at the home of plaintiff Steve Zeltzer, having met Zeltzer at meetings of the Free Moses Mayekiso Defense

Committee, a South African labor solidarity committee in which he also infiltrated under false pretenses.

Having been responsible for exposing Bullock as an ADL agent to the media, we joined together with other Bay Area activists in filing a suit against the ADL for violation of our privacy rights as provided in California law.

Almost a decade later the suit has been settled with a significant cash payment by the ADL and, we wish to emphasize, without our signing any agreement for confidentiality which the ADL had previously demanded. Our efforts to expose the organization’s work in defending the policies of the Israeli government and stifling its opponents will continue, using new information gained in the pursuance of the suit.

The ADL spent millions of dollars preventing this case from coming to trial through costly appeals and exploiting the judicial process but, at the end, it had to give up..

During the course of the suit we learned that:

Bullock, the ADL’s top “fact finder” had sold confidential information to a South African intelligence agent in San Francisco for $15,000.

Ten days before he was assassinated in South Africa, Chris Hani, the man who would have succeeded Nelson Mandela as the country’s president, was trailed by Bullock on a trip through California who reported on it to the South African government.

ADL agent Roy Bullock was discovered to have a floor plan of murdered Los Angeles Arab American leader Alex Odeh and a key to his office.

The ADL supplied confidential information to foreign governments that it obtained from police and federal agencies in the US,

Having infiltrated the American-Arab Anti-Discrimination Committee (ADC), the ADL’s “fact finder” performed a COINTEL-type operation at the convention of the Holocaust-denying Journal of Historical Review when he put ADC’s literature on convention tables as a way of smearing the committee for “working with anti- Semites.”

The ADL has organized to silence and eliminate all critical voices of Israel from academia and the media and has targeted professors , particularly those who are African American, and who are critical of Israel.

That at least 51% of the activities of its San Francisco office were devoted to defending Israel.

The ADL provided secret files to police agencies when these police agencies were prevented by law from collecting the files themselves,

Many questions must still be answered about the activities of the ADL and it’s non-profit status as an “education organization”. The settlement offered by the ADL is recognition on its part that it could not afford to go to a trial in front of a jury and face the likelihood that more of its dirty secrets would be revealed.

We call on all people to make sure that these practices on the part of the ADL are not allowed to continue and that the double standard that presently dominates this country on issues dealing with Israel be eliminated.

Finally, we wish to thank our attorney, former congressman Pete McCloskey, himself a victim of the ADL and the Israel Lobby, for his years of work on our behalf and his steadfast commitment to the pursuit of justice.

August 1, 2010 Posted by | Civil Liberties, Timeless or most popular | Leave a comment

Son of PA official detained while father abroad

Ma’an – 27/07/2010

Qalqiliya – Israeli forces raided the house of the Ministry of Civil Affairs Undersecretary Ma’rouf Zahran in Qalqiliya on Monday morning, detaining his 18-year-old son, family members said.

The undersecretary was not at home during the raid and remains abroad on an official visit to Turkey. Two of his children and sister were in the home, however, with daughter Hadil telling Ma’an that 25 soldiers entered the house at 4 a.m.

An Israeli military spokeswoman said one arrest was made in Qalqiliya overnight. The individual was taken for questioning, she said.

Hadil said her brother Adam was not questioned at the home, but detained and taken along with some of the papers from the building, which she said was thoroughly searched.

During the search, Hadil said, she, her aunt, and her brother were taken into one room and were not asked any questions as soldiers searched the home. Afterwards, soldiers took her brother, she said.

July 27, 2010 Posted by | Civil Liberties, Illegal Occupation, Subjugation - Torture | Leave a comment

Israeli police outraged as impunity ends

Jonathan Cook | July 26, 2010

A decision by Israel’s Supreme Court to double a 15-month jail term for a policeman who shot dead an unarmed Palestinian driver suspected of stealing a car has provoked denunciations from police commanders and government officials.

Yitzhak Aharonovitch, the internal security minister, condemned the judges for “sending a terrible message to police officers.”

On the advice of police lawyers, the accused policeman, Shahar Mizrahi, had appealed his conviction last year in the expectation that the ruling would be overturned by the Supreme Court.

Aharonovitch and Dudi Cohen, the police commissioner, said they would immediately seek a presidential pardon for Mizrahi. “I won’t merely support a pardon bid, I’ll lead it,” Aharonovitch said.

But groups representing Israel’s large Palestinian minority said the outrage at the doubling of the 15-month sentence for Mizrahi reflected the reality that the police force expected impunity when it used violence against Israel’s Palestinian citizens, who comprise a fifth of the population.

At Mizrahi’s original trial last year, the district court judge, Menachem Finkelstein, ruled that the policeman had acted “recklessly” during an operation to stop car thefts in the Jewish town of Pardes Hanna in 2006.

Despite his life never being in danger, Mizrahi had used the butt of his gun to smash the window of a car in which Mahmoud Ghanaim, 24, was seated and shot him in the head from close range. The court also noted that Mizrahi had changed his testimony several times during the investigations.

According to Mossawa, an advocacy group, 40 Palestinian citizens have been killed in suspicious circumstances by the security forces over the past decade. Mizrahi is the first policeman to be convicted in such a case.

As of yesterday, an online petition calling on the Israeli president, Shimon Peres, to pardon Mizrahi had attracted more than 5,000 signatures in a few days, and a Facebook page supporting the policeman had 1,300 fans.

Gideon Levy, a columnist with the liberal Israeli newspaper Haaretz, warned yesterday that those “siding with Mizrahi are eager to have a police force that kills — but just Arabs, of course.”

Jafar Farah, the director of Mossawa, said: “The atmosphere of racism in Israel is being used to destroy the legal system from the inside, using the justification that Arabs are being killed.

“The reality today is that the police can kill an Arab citizen in any circumstances and know that there is almost no chance they will pay a price. The safeguards are being stripped away.”

Relations between Israel’s Palestinian minority and the police have been marked by profound distrust since late 2000, when police shot dead 13 protesters and wounded hundreds more during largely non-violent demonstrations in the Galilee at the start of the second intifada.

A subsequent state commission of inquiry found that the police had a long-standing policy of treating the country’s 1.3 million Palestinian citizens “as an enemy” and recommended that several officers be prosecuted for their role in the 13 deaths.

After a long delay, state prosecutors announced in 2008 that no one would be charged.

In several speeches since he took over as security minister last year, Aharonovitch has promised measures to restore the minority’s faith in the police, including recruiting more police officers from the Palestinian population and fighting high rates of crime in Arab communities.

According to a police report submitted to the parliament earlier this year, only 382 of more than 21,000 police officers are Muslim — or less than two percent.

At the appeal hearing last week, the Supreme Court increased Mizrahi’s jail sentence after ruling that Judge Finkelstein had not given enough weight to the victim’s life and the value of deterring similar police behavior in the future. Under police regulations, Mizrahi was entitled only to shoot out the car’s tires or fire at Ghanaim’s legs.

Immediately after the ruling, Mr Aharonovitch reported that he had called Mizrahi to tell him: “Your fight has become all of our fight.”

He was backed by several retired police commanders and a Likud MP, Danny Danon, who said he would submit a bill barring the indictment of police officers who open fire when they believe they are in danger.

In a sign of the mounting pressure from police groups on the Supreme Court, it issued a rare “clarification” statement of its judgment, pointing out that Ghanaim’s car was travelling too slowly to have ever put Mizrahi in any danger.

Farah added that Mossawa’s investigations had revealed that, despite police claims, Ghanaim was the documented owner of the car he was driving.

The police, Farah added, had supported Mizrahi throughout the case and had continued paying his police salary after his conviction.

The court’s decision to increase Mizrahi’s sentence came in the wake of strong suspicions that police officers executed a Palestinian driver in East Jerusalem last month, shooting him twice in the head from close range as he lay on the ground.

Moments earlier, Ziad Jilani, who was married with three children, had fled on foot after driving into a detail of police, injuring several officers, in the Wadi Joz neighborhood. Witnesses said a stone had smashed his windscreen seconds before he swerved.

In one of the few other recent prosecutions of a policeman for killing a Palestinian citizen, Rubi Gai was acquitted last year of the manslaughter of Nadim Milham, who was shot in the back during a police search of his home for weapons. Witnesses testified that police had beaten Milham and that he was shot as he fled.

A survey published last month by Haifa University found that only one in five Palestinian citizens expressed faith in the police.

Aharonovitch upset the Palestinian minority last year during an inspection of undercover narcotics agents in Tel Aviv. He was caught on camera telling one detective dressed as a drug addict he looked like “a real Araboosh,” a derogatory Hebrew term for Arabs.

The minister, who is a member of Avigdor Lieberman’s far-right party Yisrael Beiteinu, apologised but added that the comment was a “moment of banter.”

Mahash, the justice ministry’s police investigations unit, has been harshly criticized for the small proportion of complaints against the police it agrees to investigate. It rarely prosecutes officers.

The police have also refused to cooperate in imposing official sanctions on wayward officers, with critics saying that officers found to have acted negligently or violently towards Palestinian citizens are often rewarded with promotion.

The state commission of inquiry into the killing by police of 13 Palestinian protesters in October 2000 recommended that several officers be dismissed from service or denied promotion. The recommendations were disregarded.

In one notorious case, the commission found that Benzi Sau, a northern Border Police commander, had acted with gross negligence in allowing snipers to shoot at stone-throwing demonstrators. Despite suggesting a ban on his promotion for four years, he rapidly rose through the ranks, becoming head of the Border Police in Jerusalem in 2001 and national head of the Border Police in 2004.

Jonathan Cook is a writer and journalist based in Nazareth, Israel. A version of this article originally appeared in The National, published in Abu Dhabi.

July 26, 2010 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism | Leave a comment

Britain’s secret rendition programme

By Robert Verkaik | The Independent | July 23, 2010

MI5 was directly involved in the rendition of a Moroccan national, illegally taken from a Belgian prison to work for Britain’s Security Services in London, an investigation by The Independent has discovered.

The man, now aged 29 and who cannot be named for his own safety, was secretly transferred from a Brussels jail in April 2004 and then further held and interrogated by senior MI5 officers at a secret base near London.

Documents seen by The Independent show that in September 2003 a Belgian court sentenced the man to four years in prison for the use of false documents and association with terror suspects. Yet less than a year later Home Office papers reveal that the Moroccan, who was born in Rabat, was in Britain and had been granted leave to remain in the UK by the British Government.

The Home Office document, dated 4 November 2004, says: “It has been decided that the Secretary of State’s discretion should be exercised in your favour and you have been granted limited leave to remain in the United Kingdom for a reason not covered by the Immigration Rules.”

The case is the first evidence of a UK-based rendition recruitment programme operated by the Security Service after the 11 September attacks on America. Until now, Britain’s involvement in the practice appeared to be limited to providing assistance to American renditions.

In an interview with The Independent, the man’s Belgian lawyer, Christophe Marchand, said that the rendition took place while the suspect was waiting to appear before the central criminal court in Brussels in relation to his appeal.

Mr Marchand, Belgium’s foremost defence attorney and author of the book European Trends on the War on Human Rights, said his client, then 23 years old, had been questioned by MI5 agents in Forest Prison in Brussels where he had been detained without trial and held in solitary confinement for more than two years. During his later interrogation and detention at an MI5 safe house 40 minutes from central London, the man did not have access to a lawyer.

Last night MPs and human rights groups said the case illustrated the extent of Britain’s illegal role in the war on terror. Andrew Tyrie MP, chairman of the All Party Parliamentary Group on Extraordinary Rendition, said: “If it were to turn out that this man had been transferred to the UK against his will and against due legal process, we should well be concerned. Stories such as this underline the need for an inquiry to get to the bottom of what happened after 11 September.”

Clive Stafford Smith, director of the legal charity Reprieve, said: “We simply cannot be in the business of snatching people from foreign countries without any legal process. Why have we fought for the rule of law for all these decades if it is simply to be ignored when the Security Services decide it is not convenient to let judges into the debate?”

Mr Marchand suspects that the deal must have been approved by Belgium’s security services and the state prosecutor. A year after his mysterious disappearance from prison, the Moroccan national contacted Mr Marchand. “We met in central London. He told me the whole story about how MI5 had arranged for his release and secret flight to London on a specially chartered British Airways aircraft. He told me he felt vulnerable in prison and didn’t think he would ever be released. He feared being returned to Morocco even more because he felt sure that he would be tortured.

“They told him that if he agreed to work for MI5 he would have a new life in the UK. But he was very vulnerable at this time, he was young and held in solitary confinement where he was psychologically weak. He believed he had no choice. Once he arrived in the UK he was told that if he ever told anyone who he was working for his life would be in danger from al-Qa’ida. He told me that he thought this was an explicit threat that MI5 would make sure al-Qa’ida knew his identity if he ever broke his agreement with the Security Service.”

Mr Marchand, an international expert in human rights law, accused Britain of being directly involved in rendition. “Of course it is rendition – it is the illegal transfer of someone from one country to another. He was transferred from Belgium without any legal safeguards. It is a very clear violation of the rule of law. Pressure was huge on him because he knew he was condemned to years in prison.”

A spokeswoman for the Belgian embassy in London said she was aware of the case and the “disappearance” but could give no further details.

Lieve Pellens, of the Belgian Federal Prosecutors Office in Brussels, said she was sure the Prosecutors Office was “not implicated” in such an arrangement. “If a foreign authority wants to question someone held in the Forest Prison then they have to make a special request and we have to ensure that a Belgian officer is present,” said Ms Pellens.

A spokeswoman for the Security Service said: “We do not comment on individuals. We do not comment on operational security matters.”

Rendition: Explained

* Countries wishing to transfer a suspect from one state to another for arrest, detention or interrogation must operate through the judicial process, usually by making an extradition request.

* Where such transfers occur outside a legal framework, such as in the Brussels case which we have reported today, they are referred to as renditions.

* America’s extraordinary rendition programme involves the further element of torture, usually by a third-party proxy state. In the Brussels case the Moroccan suspect faced the prospect of torture in his homeland and could not freely give consent for his transfer to Britain.

* Upon his transfer to the UK he was held in an MI5 safe-house, where he was interrogated without legal representation. All the time he knew he was at risk of deportation.

July 25, 2010 Posted by | Civil Liberties | Leave a comment

Israel Gets Brutal With Media

By Mel Frykberg | IPS | July 23, 2010

NABI SALAH, Occupied West Bank: Palestinian activists are being jailed, Israeli activists are under surveillance, and the Israeli military is increasingly targeting journalists who cover West Bank protests.

The Foreign Press Association (FPA) in Israel issued a statement recently condemning what it sees as a change in Israel Defence Forces (IDF) policy in their treatment of journalists covering the growing number of West Bank protests against Israel’s separation barrier, illegal settlements and land expropriation.

“We would appreciate it were the authorities to remind the various forces involved, that open, unhindered coverage of news events is a widely acknowledged part of the essence of democracy.

“Generally speaking this would not include smashing the face of a clearly marked photographer working for a known and accredited news organisation with a stick, or for that matter aiming a stun grenade at the head of a clearly marked news photographer or summarily arresting cameramen, photographers and/or journalists,” said the FPA.

The release of the statement followed an attack on three journalists as they covered a protest march near an Israeli settlement built illegally on land belonging to the Palestinian village Beir Ummar in the southern West Bank.

Several weeks ago in the village Nabi Salah, north of Ramallah, two Israeli activists were roughed up and arrested after criticising Israeli soldiers for shooting at Palestinian boys throwing stones.

One of the Israelis, Yonatan Shapira, 38, an ex-Israeli Air Force (AIF) pilot and member of Combatants for Peace, (a group comprising former Palestinian and Israeli fighters) earned the wrath of the Israeli authorities when he authored a “pilot’s letter” in 2003 signed by 27 AIF pilots.

The pilots refused to fly over the Palestinian occupied territories and take part in the deliberate targeting of Palestinian civilians, particularly in Gaza.

Shapira was recently interrogated by Israel’s domestic intelligence agency Shin Bet over his participation in anti-occupation protests and his support for the BDS movement.

In what appeared to be a veiled threat the Israeli activist was warned that his presence at anti-wall demonstrations was in defiance of the areas being declared closed military-zones on Fridays.

Shapira believes his phone has been tapped. “Nothing we are doing is illegal and I’m not afraid, but I’m uncomfortable about my country turning into a fascist state,” said Shapira.

“The Israeli authorities are trying to intimidate Israelis who engage in political dissent. We present no security threat. But the line between political activism and security is becoming increasingly blurred by the authorities who are trying to criminalise dissent,” Shapira told IPS.

“Sometimes when we come to demonstrations we have been stopped en route by the IDF who have taken down our details and appear to have prior knowledge of our movements,” Israeli activist Shy Halatzi, 23, a physics and astronomy student at Tel Aviv University who served in the Israeli military told IPS.

Israel has become alarmed at growing international support for a boycott campaign against the country as its right-wing government increasingly tramples on civil liberties. Hundreds of Israeli college professors signed a petition recently denouncing the threat by Israeli education minister Gideon Saar (a member of Israeli Prime Minister Benjamin Netanyahu’s Likud party) to punish any lecturer or institution which supports a boycott of Israel.

Saar supports Im Tirtzu, a right-wing nationalist movement, which demands that Israeli education professionals be required to prove their commitment to Zionism.

Neve Gordon, professor of politics at Ben Gurion University in Beersheva, received death threats after he wrote an editorial last year in the Los Angeles Times explaining why he supported a boycott on Israel.

Meanwhile, Palestinian grassroots activists involved in non-military popular committees, which organise non-violent activity against the occupation, continue to be arrested and jailed on what they say are trumped-up charges involving forced confessions under duress.

The IDF carries out nightly raids in West Bank villages where demonstrations take place regularly on a Friday and where villagers have been particularly active.

Wael Al-Faqia from Nablus in the northern West Bank was recently sentenced to a year’s prison for “belonging to an illegal organization.” Al-Faqia was arrested with eight other activists in December last year.

Musa Salama, an activist with the Labour Committee of Medical Relief Workers and associate of Al-Faqia, was sentenced last December to a year’s imprisonment on identical charges.

Abdullah Abu Rahme from the head of the Popular Committee Against the Wall in Bili’in village near Ramallah continues to languish in detention following his arrest in December last year.

Some of the allegations against him include incitement for planning the peaceful protests and “being in possession of arms.” The latter referred to his collection of used teargas canisters and spent bullet cartridges, fired by Israeli troops at unarmed protestors, [which had been arranged] into a peace sign.

“What we as Israeli activists endure is a fraction of what Palestinians are subjected to. They are subjected to harsher and much more brutal treatment than we are,” Shapira told IPS.

July 24, 2010 Posted by | Civil Liberties, Full Spectrum Dominance | Leave a comment

Remembering the Madness and Mayhem of McCarthyism – a Primer for Israel

By: William A. Cook | 23. Jul, 2010


“We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are not descended from fearful men.” (Edward R. Murrow)

The State of Israel has just passed a “loyalty oath” required of all prospective citizens living in Israel illegally to swear allegiance to a “Jewish democratic state.” Concurrently, an academic  backlash has erupted in Israel over proposed new laws, backed by the government of Binyamin Netanyahu, to criminalise a handful of Israeli professors who openly support a campaign against the continuing occupation of the West Bank.(Guardian 7/11/10)

It would appear that Israel is in need of a lesson on the virtues of democracy as they are anathema to tyrannical rule. Harry S. Truman vetoed the McCarran Internal Security Act of 1950 with this observation: “In a free country, we punish men for the crimes they commit, but never for the opinions they have.” To impose a “loyalty oath” and to criminalize professors who support actions against the government of Israel is to force compliance in thought and act, behavior more of a tyrannical state than a democratic one.

Consider that the Israeli Shin Bet recently interrogated the conscientious objector, Yonatan Shapira, a former Israeli Air Force pilot, who penned the “pilot’s letter” of 2003, continuing a harassment of a man for his dissenting opinions of the State of Israel. Salem-News on July 11 carried an article about another conscientious objector, Shir Regev, who has been given a third prison term for contending “I believe it is my personal duty to refuse and defect from an army whose main purpose is to serve as an occupation police for maintaining ‘Israeli order’ and imposing it on defenseless Palestinians who are denied citizenship.”

“We must not confuse dissent with disloyalty,” Murrow writes; nor must we confuse pseudo-democracy with democracy. Israel is not a democratic state; let’s be clear about that. Its citizenship exists solely for those who are members of a religion with one exception, those Palestinians who remained in Israeli controlled land areas after the cessation of hostilities in 1948 and the Declaration of the State of Israel by the Jewish Agency. These Arab Israelis as they are called, to obfuscate the reality of their Palestinian heritage, do not have equality before the law nor do they have access to all the benefits of their fellow citizens who are members of the Judaic faith; they have a passport and a country and even that can be denied if they ride in a Turkish Aid boat to visit their brothers and sisters in Gaza. For all those indigenous to the area of Palestine, accepted as a group by the United Nations and its members, the Palestinians, who live in land occupied by Israel and claimed by Israel, there is no citizenship, thus no equality in concept or in fact. Israel has no constitution; it operates under civic and religious law, especially in matters pertaining to marriage, retaining thereby control of the citizenry, and in land ownership which is essentially available only to Jews. This alone negates the concept of democracy as applicable to the Israeli State. If Israel is anything distinct as a country, it is in its theocratic nature not its democratic nature.

As Israel moves ever closer to a siege mentality by blowing wind on the coals of victimhood, the explosive vapors of Hamas’ determination to drive Israelis into the sea aided and abetted by surrounding Arab neighbors intent on destroying the Jewish State, it desperately grasps for means to control its citizens and force compliance with its policies, hence the “loyalty oath” characterized as early as 1663 by Samuel Butler in Hudibras as “Oaths are but words, and words but wind.” This is the act of a despot desperate to protect self at the expense of his subjects; it is the act of a failed State that resorts to the impossible, to impose the logic of its acts regardless of sense on all its subjects; it is the despair reflected in Macbeth, “Who can be wise, amazed, temperate, and furious, loyal and neutral, in a moment? No man.” No mind perceives the same as another, no heart responds the same, no soul accepts being the same; that fact is the power behind democracy, the uniqueness of each requiring of each respect for all others. Democracy is a concept united in its applicability to provide equity for all its citizens. Loyalty to injustice negates democracy; fidelity to one faith without tolerance for all faiths destroys equality for those excluded; truth determined by the despot or the tyrannical government cannot be truth for all; honor demanded of a citizen against his or her innate principles of belief dishonors that citizen; trustworthiness and faithfulness imposed by an oath undermines the conscience of the citizen forcing compliance regardless of the behavior required. A citizen who swears to an oath of absolute allegiance to any authority has destroyed self by that act and thereby has become but chattel, a beast serving the will of another. So much for the Israeli “loyalty oath.”

America has been there, indeed I have been there. Years ago I took a menial position in the House Un-American Activities Committee (HUAC) and witnessed first hand the betrayal of democracy by a demagogue and his followers who set fear before the American citizenry by losing faith in the American people. Year after year this pall of fear lay on the American landscape as citizen turned against fellow citizen, neighbors rose in anger and resentment against artists, entertainers, professors, educators, union members, and even the military as McCarthy lashed his venom at all who opposed his witch hunt or refused to comply with his belief that Communists had infiltrated American society. He did not understand that dissent is not disloyalty; he knew nothing of tolerance of another’s belief; he failed to comprehend that equity necessitates respect and democracy means equity. Margaret Chase Smith spoke before the Senate of the United States in 1950 in a speech titled “Declaration of Conscience,” and noted “some of the basic principles of Americanism: the right to criticize; the right to hold unpopular beliefs; the right to protest; the right of independent thought.” These are the rights Israel would deny to Yonatan Shapira and Shir Regev and the university professors as well as to prospective citizens.

What has brought Israel to this sick state of affairs? Based on the research I have done through the seized documents taken by Richard Catling (Sir Richard C. Catling) when he was Deputy Head of the Criminal Investigation Division of the Mandate Police in the 1940s, in files he saved and marked as Top Secret, it is evident in the words of the leaders of the Jewish Agency, the Zionist leaders of the Consultancy as Ilan Pappe notes, that they intended to impose an atmosphere of fear on the new immigrants to unite them in their (the High Command of the Consultancy) intent to cleanse Palestine of its indigenous people necessitating protecting themselves against the Arabs who were out to destroy the Jewish state. That intent exists to this day. Add to this reality the need to grow the Jewish population to offset Palestinian growth, thus bringing to Israel the fanatical sects of Jews who live by a far right orthodoxy of “chosenness” and animosity against gentiles, especially those from Russia.

This group and others of similar persuasion have grown in strength even to the point where no government can exist without their presence. This has been true since Ariel Sharon held office. Their beliefs control government policy much as AIPAC controls our Congress. They believe that their g-d gave them the land of greater Israel and they have done and will do everything in their power to regain what g-d gave to them centuries ago regardless of historical realities or international law.

Jews of other persuasion, secular and reformed, True Torah Jews, Jews for Peace in Palestine and all others who understand the horrendous crimes being imposed on the Palestinians in their own land by those who have suffered under the brutal Nazi regime, recognize that there festers in the State of Israel a cancer that is spreading beyond its borders, those it has legitimately through the UN partition plan of 1947 and those it has acquired illegally and forcefully, that is destroying the Judaic faith and the principles it has stood for these many centuries. The country is being torn by a minority fanatical group that it cannot control, one that is pushing through legislation that corrodes any semblance of democracy as it pushes to a greater state of theocracy both of imposed behavior and imposed belief.

Creating such a state does nothing to advance democracy in the Middle East, it crushes it. The citizens of such a state become but puppets of those who have garnered power, used by them as wooden soldiers in their youth, as molders of their young tutoring them in the intolerant beliefs of ancient tribal men, and subservient elders that spout the party line in their Knesset. But there is a consequence to such behavior and such imposed control. There is a responsibility they assume when they shackle their people to acts that destroy, maim and kill innocent people as they march their way to their Greater Israel; there is the reality that international law uses as precedent, the trial that brought King Charles I to his death, and has been used now for the trials of Pinochet and Milosevic, the “universal right to punish a tyrant who denies democracy and civil and religious liberty to his people.” Charles was brought to trial by John Cooke who penned the words of indictment and his words continue today. That is a reality that Sharon, Olmert, Livni, Barak, and now Netanyahu and Lieberman face as they attempt to justify what is not justifiable and impose what is not legal not only on the people of Israel but on peoples of all nations that seek redress of the outrages the Israeli government has taken against its neighbors, most especially the Palestinians.

One need only mark the power of the peoples’ flotillas into Gaza. This is not the action of the governments of America or England or any single nation, this is a peoples’ action against tyranny; it is the equivalent of America’s Civil Rights Movement that had the people take to the streets, united in purpose and demands, against their government, state and federal, to right the wrong of segregation. It took time and many died in the quest for justice. But over time as more and more people understood that their government was the criminal, they grew in number and force until the government capitulated to their demands and granted justice to the African American and all who had been denied their civil rights.

The flotillas have grown in number over the months. They have made it known to the government of Israel and America, its puppet, that they will not stop until justice is achieved. This fall a flotilla of 50 to 60 boats from many countries will leave for Gaza. Now the Israeli government, its militarized government not its democratic one, will have to stop multitudes of boats with individuals from many countries and many nationalities all saying the same thing. “Freedom now, freedom now, the people of the world demand freedom now.” The people of the world demand that laws be obeyed, just laws, not laws made by the occupier for the oppressed. Accusation is not proof, guilt by association is not evidence, military might is not what is right for the people. Actions taken out of fear are actions removed from reason—fear erodes reason. “Let us not walk in fear, one of another,” as Murrow says, let us honor each other, recognize dignity in each other, respect each other, and thus treat all with equity, fulfilling the very concept of democracy by our actions.

William A. Cook is a Professor of English at the University of La Verne in southern California. His most recent book has just been released by Palgrave Macmillan, The Plight of the Palestinians: a Long History of Destruction. He can be reached at wcook@laverne.edu and at www.drwilliamacook.com

July 23, 2010 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Solidarity and Activism | Leave a comment

Ian Tomlinson death: police officer will not face criminal charges

Vikram Dodd and Paul Lewis | The Guardian | 22 July 2010

The police officer caught on video during last year’s G20 protests striking a man who later died will not face criminal charges, the Crown Prosecution Service announced today.

Keir Starmer, the director of public prosecutions, said there was “no realistic prospect” of a conviction, because of a conflict between the postmortem examinations carried out after the death of Ian Tomlinson last year.

The newspaper seller died following the demonstrations on 1 April 2009 in central London. The official account that he died from a heart attack was undermined when the Guardian obtained video footage showing a riot officer striking the 47-year-old with a baton and shoving him to the ground shortly before he collapsed and died.

In a written statement the CPS admitted that there was sufficient evidence to bring a charge of assault against the officer, but claimed a host of technical reasons meant he could not be charged.

Tomlinson’s stepson Paul King, flanked by his mother, Julia, said: “It’s been a huge cover-up and they’re incompetent.”

King said: “He [Starmer] has just admitted on TV that a copper assaulted our dad. But he hasn’t done anything. He’s the man in charge … why hasn’t he charged him?

“They knew that if they dragged this out long enough, they would avoid charges. They knew just what they were doing. They’ve pulled us through a hedge backwards – now we have to go on living our lives.”

The family solicitor, Jules Carey, said the decision was a disgrace and Tomlinson’s relatives would be considering whether they could mount an appeal.

“Clearly it is a disgraceful decision,” he said. “We now need to find out if there has been a lack of will or incompetence, and frankly there needs to be an inquiry into that.”

The family, who went to the headquarters of the CPS in London to be told of the decision, had wanted a charge of manslaughter to be brought against the officer, who was named in media reports as PC Simon Harwood.

CPS decision

In a detailed letter setting out its reasons, the CPS said that the actions of the officer – seen striking Tomlinson with a baton then shoving him to the ground in the footage – were grounds for bringing a charge of assault.

It said: “The CPS concluded that there is sufficient evidence to provide a reasonable prospect of proving that the actions of PC ‘A’ in striking Mr Tomlinson with his baton and then pushing him over constituted an assault. At the time of those acts Mr Tomlinson did not pose a threat … There is sufficient evidence to provide a realistic prospect of proving that his actions were disproportionate and unjustified.”

But the CPS went on to explain the obstacles to a prosecution posed by the subsequent postmortems.

The first police account, that he died from a heart attack, was confirmed by a pathologist, Freddy Patel, in the initial postmortem.

But a second postmortem, conducted by Dr Nat Carey on behalf of the Independent Police Complaints Commission (IPCC), found Tomlinson had died from internal bleeding.

Today the CPS said it could not bring a manslaughter charge because the conflicting medical evidence meant prosecutors “would simply not be able to prove beyond reasonable doubt that there was a causal link between Mr Tomlinson’s death and the alleged assault on him”.

It said it could not bring a charge for criminal assault because too much time had elapsed; a charge must be brought within six months. The CPS also ruled out bringing charges of actual bodily harm and misconduct in public office.

Tomlinson had his hands in his pockets and his back to the officer when he was hit. The video footage suggests that no other police officer went to his aid and it was left to a bystander to lift him to his feet. He appeared to stumble about 100 metres down Cornhill, clutching his side, before collapsing a second time.

Police initially led Tomlinson’s wife and nine children to believe he died of a heart attack after being caught up in the demonstration. In statements to the press, police claimed attempts by officers to save his life by resuscitation had been impeded by protesters.

The IPCC said it would now pass its file to the Met, which will consider whether the officer should be disciplined. An inquest will examine the circumstances of Tomlinson’s death and the case could be reconsidered by prosecutors after it is concluded.

A Metropolitan police spokesman said the force offered its “sincere regret” over the death of Tomlinson. He said the officer could still face misconduct proceedings once the force receives the IPCC report.

The CPS announcement comes five years to the day since another landmark incident involving police use of force. On 22 July 2005, officers shot dead Jean Charles de Menezes after mistaking him for a terrorist who was about to detonate a bomb. Then, the family of the innocent Brazilian criticised the CPS for failing to bring criminal charges against any individual.

The investigations

The Tomlinson family have criticised the time it took the CPS to reach its decision.

The first investigation was conducted by the IPCC. Its officials are understood to have reached a clear view as to whether enough evidence existed to support criminal charges.

They were able to complete their inquiries in just four months and submitted a file to the CPS by August.

Key to the investigation were hundreds of hours of footage and thousands of images shot by bystanders at the protest, which enabled them to piece together Tomlinson’s last 30 minutes alive.

CPS officials had assured the family they would decide on whether to prosecute the officer – and on what charge – by Christmas 2009.

The CPS has given various explanations for the delays, and claims it has had to return to the IPCC for clarification several times on different issues.

It is also understood that there have been complications surrounding the evidence of an expert witness.

The IPCC itself was late in mounting an inquiry, claiming there was nothing suspicious about the death for almost a week until the release of footage of the incident obtained by the Guardian forced a U-turn.

GMC hearing

Patel is facing the General Medical Council accused of giving questionable verdicts on four causes of deaths, several of which later turned out to be suspicious.

Dr Carey, who carried out the second postmortem examination on Tomlinson, today criticised Patel at the GMC, where Patel’s disciplinary hearing began last week.

The hearing focuses on his actions during postmortem examinations of a four-week-old baby, a five-year-old girl and two women.

The panel was told that Carey had been called to examine the exhumed body of the five-year-old after concerns were raised about the initial recorded cause of death.

Patel had concluded there were “no significant marks of violence”. But Carey said the death was due to a “severe head injury” likely to have been inflicted by the “actions of a third party”.

At the start of this afternoon’s evidence, the panel was told by the hearing’s legal adviser to ignore any of today’s media reports involving Patel, who denies misconduct.

Video footage showing Ian Tomlinson being struck by a police officer – Link

See Also:

April 6, 2009

Police ‘assaulted’ bystander who died during G20 protests

April 17, 2009

G20 death was abdominal haemorrhage: Officer questioned on suspicion of manslaughter

August 5, 2009

Citizen journalism counters police propaganda

July 22, 2010 Posted by | Civil Liberties | Leave a comment

Haneen Zoabi interview: “The largest threat to democracy is Zionism”

Max Blumenthal, The Electronic Intifada, 22 July 2010
Haneen Zoabi speaking in Tel Aviv, July 2010. (Oren Ziv/ActiveStills)


On 13 July, the Israeli Knesset voted by a large margin to strip the parliamentary privileges of Haneen Zoabi, a member of the Palestinian Israeli party Balad. The measure was a punishment for Zoabi’s participation in the Gaza Freedom Flotilla. As described in the Israeli daily Haaretz, during the raging debate, Member of Knesset (MK) Anasatassia Michaeli rushed toward Zoabi and handed her a mock Iranian passport with Zoabi’s photo on it. “Ms. Zoabi, I take your loyalty to Iran seriously and I suggest you contact Ahmadinejad and ask him to give you an Iranian diplomatic passport that will assist you with all your diplomatic incitement tours, because your Israeli passport will be revoked this evening,” said Michaeli, who is a member of Foreign Minister Avigdor Lieberman’s explicitly anti-Arab Yisrael Beiteinu party (“Knesset revokes Arab MK Zuabi’s privileges over Gaza flotilla,” 13 July 2010).

The debate over revoking Zoabi’s parliamentary privileges was nearly as rancorous as her appearance at the Knesset speaker’s podium in the immediate wake of the Flotilla massacre. While Zoabi attempted to relate her experience on the Mavi Marmara, where she coaxed Israeli commandoes to stop shooting and beating passengers, Knesset members from a broad array of parties leapt from their chairs to shout her down. “Go to Gaza, traitor!” shouted MK Miri Regev of Likud. “One week in Gaza as a 38-year-old single woman and we’ll see how they treat you!” barked Yohanan Plesner of the supposedly centrist Kadima party. Finally, Moshe Mutz Matalon of Yisrael Beiteinu lamented that the Israeli commandoes “left only nine floating voters” (“MK Regev tells Zoabi: Go to Gaza, traitor!,” YNet, 2 June 2010).

I met Zoabi at her office in the bustling center of Lower Nazareth on 12 June. While preparing a spread of biscuits and chocolates for me, she told me that a reporter from Nablus who met her earlier in the day had been detained at a checkpoint and had her laptop seized. Zoabi was convinced that the Shin Bet (Israel’s General Security Service) was monitoring her communications and movements as it does with many Balad Party leaders. Despite the tense climate and violent threats against her, she spoke without restraint about her experience on the Mavi Marmara, the predicament of Palestinian members of the Knesset, and what she considered the fascist direction of Israeli society.

Max Blumenthal: Were you surprised to be greeted with such hostility when you returned to the Knesset after the flotilla incident?

Hanin Zoabi: I was not so surprised. I expected to be called traitor, to be asked, “Where are your knives?” Or to be told, “You are the one who killed them!” But they shouted at me without any political argument and such shallowness. I thought, this couldn’t be a parliament, these are just gangsters. If I gave them guns, they would shoot me. I said the soldiers on the flotilla treated me more respectfully than them. At least after the soldiers killed nine people they tried to ask me for help.

MB: What does the attack on you in Knesset say about Israeli democracy?

HZ: Israel has a general atmosphere of a fascist state that has no critical sense even of its image in the world. It used to be sensitive to its image of democracy. [Knesset Speaker Reuven] Rivlin wants a liberal state and wants others to believe Israel is a democracy. But listen to what they are saying in the Knesset: that we should only pay attention to what we want to; it’s not important to pay attention to the goyim. We must believe we are the victim as if victimhood is an ideology.

MB: Are you concerned about threats to your physical safety?

HZ: This is a dangerous time and it is dangerous for Jamal [Zehalka] and others in Balad. I am worried but what worries me more is not the personal threats but the long term political effect of this campaign because it represents a delegitimization of our party and our political platform.

MB: What about the planned measure in the Knesset to strip you of parliamentary privileges?

HZ: The three parliamentary sanctions are nothing — I mean nothing — because I can still use my civic passport.

MB: When you were attacked in the Knesset, I was reminded of an incident in 1949, when the first Arab member of Knesset, Tawfiq Toubi, took to the floor to denounce Israeli army brutality against Palestinian villagers living under military rule. Jewish members of the Knesset went crazy just as they did against you, but Toubi was defended by one of Israel’s most prominent cultural figures, the socialist poet Nathan Alterman. Did any prominent Israelis speak up in your defense, and if not, why not?

HZ: Hardly anyone spoke up for me. Jamal [Zehalka] said the Knesset is the worst we’ve ever had. The guards and the workers who’ve been around the Knesset for 30 years said it’s never been this racist before. I think when you have a government led by the likes of [Foreign Minister] Avigdor Lieberman it means that the extremists are not the margins of the Knesset, they are the mainstream. Those who shouted at me were from Kadima, not from the extreme right. Even [the traditionally left-wing party] Meretz is becoming very center. And because of this it has lost power.

[Knesset Speaker] Rivlin was more afraid of hurting the image of the Knesset than of my rights being violated. There are no limits and the famous slogan of Lieberman is now the slogan of everyone: “Citizenship depends on loyalty.” He of course means loyalty in a fascist sense. Even when [Interior Minister] Eli Yishai asked to revoke my citizenship there was only one article in the Israeli media saying that this was crazy. What kind of state is this? I read just one article about this!

[Yedioth Aharanot columnist] Amnon Levy was the only one who defended me. He said what’s happening is so absurd, you should thank Haneen that she is serving in this Zionist Knesset. You should thank the Palestinians for participating in our game.

MB: Is the anti-Arab atmosphere inside Israel a new phenomenon or the acceleration of a process than began some time ago?

HZ: This is not a new process, and it didn’t begin after the flotilla. It really began after the second intifada, when hundreds of thousands of Palestinian Israelis went to demonstrations not to rally about internal issues but to support the intifada. This was a clear message for Israelis that the state had failed to create the model of the new “Israeli Arab.” This is what the state was trying to do, trying to create us as Israeli Arab, someone who was not 100 percent Israeli because we were not Jews but of course not 100 percent Arab either. We were told we could preserve our language and our culture but not our historical memory, our culture, or our identity except on an emotional, romantic level. Essentially we couldn’t be Palestinian.

The second intifada was the turning point. It told Israel that it might control the schools, our history and the media but they couldn’t stop us from asserting our identity. This led directly to the declaration of Yuval Diskin, the Shin Bet director, who said in 2007, we will fight against any political activity that doesn’t recognize Israel as a Jewish state even if the activities are conducted openly and democratically. He clearly was referring to Balad when he said this. By the way, no Israeli paper was shocked by his statement.

MB: The founder of the Balad Party, Azmi Bishara, was forced into exile after being accused of spying for Hizballah. Ameer Makhoul, the Palestinian civil society leader in Israel, has been placed under administrative detention and is facing similar accusations. Omer Said and many other activists are under investigation by the Shin Bet. What is the government trying to accomplish by its crackdown?

HZ: They are trying to establish borders on our political identity and say that we cannot have relations with the broader Arab world. They want to redefine the margins of democracy to exclude any political program that calls for full equality. We are calling for equality without Zionism. This is what the Balad Party says. The fact is, to demand full civic and national equality is actually to demand the end of Zionism. So we don’t hate Zionism. Zionism hates democracy.

If the state continues in the direction it is going it will actually change the rules of the game. Balad says there are clear margins of democracy. We believe in democratic values and the system and we will utilize these margins of democracy in order to suggest our vision of full equality. If Israel wants to delete these margins so my vision can no longer be legitimate in the Israeli scene I think a totally different game will develop between us and the state. In this way, the state is pushing us to a crisis. If they disqualify Balad then no Arab party would enter the Knesset and this would provoke a huge crisis. Arabs without a parliamentary role would result in a different kind of relationship between us and the state. This would be the end of democracy. But we know this is what a Jewish state will lead to — the end of democracy is an inevitable outcome.

MB: How did your prominence after the flotilla impact the situation of Palestinians in Israel?

HZ: It is possible that the flotilla was the beginning of a new historical moment. Israel enjoys keeping us [Palestinians in Israel] out of the agenda of the world. They oppressed us behind the scenes just as they conducted the Nakba behind the scenes. They continued to limit our identity and the world didn’t treat us as part of the Palestinian issue because it believed that Israel was a democracy and we were only part of it. The world only looked at the siege of Gaza. So what the Knesset did by attacking me was they showed the world who they really are. And if the world starts to pay attention, especially the part of the world that doesn’t traditionally support the Palestinians and believes Israel should be a real democracy, I hope they see from the flotilla and its implications that Israel has a deep structural problem, not a problem of policies. The problem is not an extremist government. The problem is that the largest threat to Zionism is democracy. This is the issue.

Max Blumenthal is an award-winning journalist and bestselling author working in Israel-Palestine. His articles and video documentaries have appeared in The New York Times, The Los Angeles Times, The Daily Beast, The Nation, The Huffington Post, Salon.com, Al-Jazeera English and many other publications. He is a writing fellow for the Nation Institute.

July 22, 2010 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism | Leave a comment