Italian workers go on strike over cuts
Press TV – December 19, 2011
Public sector workers in Italy are once again holding a strike to protest against the imposition of the government’s harsh austerity measures aimed at saving the country from financial ruin.
Italian postal and health workers were joined by teachers on Monday in a one day strike to protest a package of cost-cutting measures the government aims to pass by the end of the year.
Protesters in Rome are expected to march on parliament to oppose Prime Minister Mario Monti’s 30-billion euros budget bill.
Italy’s main union leaders say the measures are too tough for pensioners and workers and not tough enough on the wealthy.
The main objections are the introduction of property taxes on primary residences as well as pension cuts and the hefty raise of the retirement age.
Monti believes Italy will “collapse” like Greece without the new austerity measures, saying the package will also help solve the eurozone debt crisis.
Italy’s debt, totaling around 1.9 trillion euros, is 120 percent of its Gross Domestic Product. Rome has been under intense pressure to act quickly ahead of a key European Union summit on Thursday and Friday.
The government has said it will meet its target of balancing the budget by 2013 but has warned the Italian economy will slip back into recession next year.
In blow to Israel, French BDS activists acquitted of crime in calling for boycott
By Ali Abunimah – The Electronic Intifada – 12/18/2011
Twelve French activists from a group called Boycott 68 have been acquitted on charges of “inciting discrimination and racial hatred” for calling on French shoppers to boycott Israeli goods.
The court judgment in the eastern city of Mulhouse deals a blow to efforts by French prosecutors and Zionist groups to outlaw the growing boycott, divestment and sanctions (BDS) movement. The acquittal received wide coverage in French media.
Campagne BDS France declared in a statement (my translation), on the day of the verdict:
Thursday, 15 December will be a historic date for the Campaign in France. The court at Mulhouse has in effect acquitted the 12 activists prosecuted for their participation in the BDS campaign.
They had been pursued by the usual conveyers of Israel’s policies, as well as by the LICRA [International League against Racism and Anti-Semitism] for “discrimination and inciting hatred and violence toward a group or nation” for having participated in two boycott actions in the Carrefour supermarket in Illzach.
The protests took place in September 2009 and May 2010. The statement noted that similar cases, have been brought against French activists in the cities of Perpignan, Paris, Bordeaux and Pontoise and that on 8 July a court in Paris had acquitted another activist on a similar charge. More cases are pending.
Zionist, anti-Palestinian groups behind charges
Charges against the activists in Mulhouse were brought, according to Reuters, after complaints by the National Bureau of Vigilance Against Anti-Semitism, known by its French acronym BNCVA, the France Israel Chamber of Commerce and LICRA.
BNCVA is an unofficial group that purports to fight against anti-Semitism, but its website indicates that it is closely affiliated with and perhaps a project of the Paris-based European branch of the extreme anti-Palestinian Simon Wiesenthal Center.
The California-based Simon Wiesenthal Center is notoriously behind the destruction of Muslim graves in Jerusalem to build a so-called “Museum of Tolerance.” Shimon Samuels is the director of both the European Wiesenthal Center and the BNCVA.
The real agenda of the BNCVA was revealed in a comment by its president Sammy Ghozlan in reaction to the court judgment. It appears to be to conflate support for Palestinian rights with anti-Semitic statements and acts – which are illegal in France and many other European countries.
The decision, Ghozlan told Reuters, would encourage more “pro-Palestinian propaganda.” “We know,” Ghozlan said, “that such propaganda is the essential source of anti-Semitic acts that take place on our soil.”
The Mulhouse judgment is thus a blow to Israeli-inspired efforts to criminalize support for Palestinian rights in Europe and to legally declare all such speech and action as “anti-Semitic.”
A “civil right” to call for boycott
French prosecutors had asked the court to fine each of the activists €500 ($650), but the judges instead released the defendants. One of the lawyers for the activists hailed the decision, according to Reuters (my translation):
For Attorney Antoine Compte, lawyer for the accused in Mulhouse, the new jurisprudence that appears to be taking root in France signifies that calling for boycott “is a civil right as long as it is accompanied neither by violence nor by pressure on people.” He noted that previous boycott movements in the past, against the Spain of General Franco, or the Olympic Games in China were never the target of legal pursuit.
Even the France-Israel Chamber of Commerce conceded on its website that “BDS won an important legal battle in Mulhouse.”
French BDS activists’ distinctive form of protest
The multiplying efforts to use criminal charges to suppress free speech in France and shield Israel from accountability are an indication of how widespread BDS activism has become, and the distinctive forms of protest French activists have adopted – particularly highly visible actions in supermarkets.
Activists posted a video of such an action at a Carrefour supermarket in southern France on 26 November.
A recent brief documentary that you can view online profiles the increasingly bold protests by French activists and the mounting prosecutions that they have faced.
Activists file lawsuit against Minnesota State Board of Investment over Israel bonds
By Nora Barrows-Friedman – The Electronic Intifada – 12/16/2011
Activists with the Minnesota Break the Bonds Campaign (MN BBC) have officially filed a lawsuit against the State Board of Investments (SBI), demanding that Minnesota divest from Israel’s illegal military occupation activities in Palestine.
This lawsuit was filed despite Governor Mark Dayton’s recent rejection of MN BBC’s demand that the SBI divest from Israel bonds, the campaign stated in a press release sent by email to The Electronic Intifada. The statement continued:
On November 29, 2011, MN BBC, along with 26 other co-plaintiffs, including Palestinian residents of the besieged village of Bil’in in the Occupied Palestinian Territories and Jewish-Israeli members of the Israeli human rights advocacy group Boycott From Within, served a lawsuit against the SBI demanding that it cancel its Israel Bonds investments. The suit was not formally filed in court at that time in order to permit the SBI an opportunity to resolve MN BBC’s divestment demand without the necessity of court action.
The lawsuit claims that the Board’s investments in Israel Bonds are unlawful according to Minnesota and international law because they help fund Israel’s universally condemned illegal settlement activities in the Occupied Palestinian Territories.
Following Governor Dayton’s rejection of the divestment demand, the Executive Committee of the National Lawyers Guild (NLG), headquartered in New York, advised all four members of the SBI Board, including Governor Dayton, that the Board was aiding and abetting Israel’s violation of international law, which also violates Minnesota law. The NLG correspondence to each of the four Board members, which was delivered to them on December 13, 2011, is posted at the MN BBC website at http://mn.breakthebonds.org/?p=1597.
In deciding to proceed with the lawsuit, the plaintiffs also considered the murder by Israeli soldiers last Friday of Mustafa Tamimi, a Palestinian resident of Nebi Saleh, one of a growing number of West Bank villages besieged by Israeli settlers. Tamimi was shot point-blank in the face with a high velocity tear gas grenade. Israel buys a portion of its military equipment with the aid of Israel Bonds. MN Break the Bonds Campaign believes that Minnesota should not be investing our state’s money in such atrocities.
The full text (in PDF format) of the MN BBC’s lawsuit can be read by clicking here.
A summary of complaint reads:
Plaintiffs demand that the SBI divest from Israel Bonds on the basis that monies invested in Israel Bonds are pooled in Israel’s general treasury without restriction on use and that the SBI knows that these pooled funds augment funds that are then used and have been used by Israel to fund activities that violate customary international law. The SBI has refused to divest, in violation of its statutory obligation to act prudently. An actual controversy and dispute of a justiciable nature has therefore arisen between the plaintiffs and defendant.
Activists with MN BBC have been working tirelessly to pressure state lawmakers to divest from Israel bonds. They have initiated public letter-writing campaigns to the Minnesota SBI over the past year, in an effort to flood the capitol building with demands that Minnesota divest from Israel, as well as meetings with SBI representatives in person. Back in March, MN BBC activists met with SBI officials, but said that the state was “unresponsive” to the demands to divest from Israel.
The Electronic Intifada will follow this important lawsuit and provide updates. For more information on the Minnesota Break the Bonds Campaign, visit their website at http://mn.breakthebonds.org/.
BDS Update: BDS Unites East and West
By Eric Walberg | Palestine Chronicle | December 14, 2011
Cairo – Just in case there was an iota of doubt left in your mind, Israel was officially declared an apartheid state during a session of the Russell Tribunal on Palestine in Cape Town on 7 November.
Among depositions, the Palestinian Centre for Human Rights in Gaza cited the Fourth Geneva Convention and the 2002 Rome Statute of the International Criminal Court which prohibits “the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies.”
This was just in time to honour the UN-endorsed International Day of Solidarity with the Palestinian People, marked on 29 November to coincide with the anniversary of the UN vote for the Partition Plan, and first celebrated in 1976. Boycott Divestment and Sanctions (BDS) activists in 10 European countries staged more than 60 actions as part of a Day of Action calling on supermarkets and governments to “Take Apartheid off the Menu”.
In the UK, 26 November was declared a national BDS Day of Action targetting Britain’s largest supermarket chain Tesco, the only supermarket in the UK that is openly selling illegal settlement goods. Activities ranged from street protests, e-lobbying, relabelling, flash protests and internetworking. While Agrexco may be kaput as Israel’s largest supplier of fresh produce to Europe, Mehadrin has taken its place and was the target of the European Day of Action Against Israeli Agricultural Produce Exporters.
Demonstrators in the US boarded buses run by Veolia to educate passengers about Israel’s apartheid policies. Boston activists launched a campaign challenging the Massachusetts Bay Commuter Rail Company’s contract with Veolia. In Baltimore, activists demonstrated at Penn Station during rush hour, singing a freedom song and drawing connections between the Palestinian and American struggles for equality, linking Veolia’s profiteering from racism and exploitation in Israel/Palestine to the City of Baltimore’s contracts with its own workers.
In a cynical rearguard bid to attract Christmas shoppers, Israel Lobby activists launched Buy Israel Week November 28, hastily put together to counter the growing BDS tide. Luke Akehurst, director of We Believe in Israel, called for two BUYcott days, featuring discount coupons, sponsored by StandWithUs, El-Al, the Jewish National Fund and other such pillars of Israeli apartheid.
While American sympathisers were politely tolerated in their protests against Veolia’s transport activities in Israel, their compatriots in Palestine proper were violently arrested for confronting Veolia and Egged, the two major culprits, and targets of BDS activists in Europe.
Inspired by their Western supporters, six Palestinian Freedom Riders emulated the legendary Freedom Riders of the American south of the 1960s, riding settler bus 148 near the illegal settlement of Psagot. Much like those courageous black and white Americans (including many Jews) of yesteryear, the Palestinians were forcibly removed and arrested.
This new generation of Freedom Riders will further inspire Westerners for whom “It is a moral duty to end complicity in this Israeli system of apartheid,” according to arrested Hebron resident Badee Dwak. Fellow arrestee Basel Al-Araj minced no words: “The settlers are to Israel what the KKK was to the Jim Crow South — an unruly, fanatic mob that has enormous influence in shaping Israeli policies today and that violently enforces these policies with extreme violence and utter impunity.”
Pulitzer Prize-winning author Alice Walker wrote: “Board the buses to Everywhere. Sit freely. Go into Jerusalem with my blessing. Like many of my country people, I have witnessed this scenario before and know where it can lead. To a straightening of the back and a full breath taken by the soul. Some of us have shed blood, others have shed tears. Some have shed both. All sacred to the cause of the dignity we deserve as beautifully fashioned citizens and Beings of this Universe.”
Sadly, as he honoured the Freedom Riders of the 1960s for their courage and dedication fifty years ago, President Barack Obama had no such words for the equally brave ones in Israel today.
In the Arab world, 29 November activities took BDS the logical extra step, with 7,000 Jordanians gathering in the Jordan Valley and marching to the Israeli border to condemn Israel’s settlement expansion, calling for the liberation of Al-Quds (Jerusalem), home to the Al-Aqsa Mosque, which is the second holiest site for Muslims. “We sacrifice our souls and blood for Al-Aqsa Mosque and Al-Quds,” the Jordanians chanted after noon prayers, calling on Jordanian authorities to scrap its peace treaty with Israel.
Even as 100,000s of Cairenes gathered to defend the Egyptian revolution in Tahrir Square 26 November, a rally co-sponsored by Al-Azhar and the Union of Muslim Scholars attended by 5,000 called on Muslims to fight “Jerusalem’s Judaisation”. Al-Azhar Imam Ahmed Al-Tayeb said: “We are telling Israel and Europe that we shall not allow even one stone to be moved there.” Activists chanted: “Tel Aviv, Tel Aviv, judgment day has come.”
In other boycott news, a victory for a clutch of brave and principled tennis fans arrested for protesting at the New Zealand Women’s Tennis Open last December, which featured Israeli Shahar Peer. After a year of trials, they were finally exonerated in a landmark decision by High Court Justice Paul Heath, who said “Disruption of an individual’s enjoyment of a sporting event was not the same as disruption of public order.” Quipped a free John Minto, “Annoyance is not a crime, annoyance is part of being in democracy.” The judge said it was clear the protest was meant to convey to the tennis player the concerns at the way Israel treated the Palestinian Territories.
In contrast to the tidal wave of Western artists now boycotting Israel-linked events (the Yardbirds just cancelled a scheduled Tel Aviv show), iconic singer and actor Barbra Streisand performed at a fundraising gala in Los Angeles for Friends of the IDF. Streisand supports OneVoice, which promotes a two-state solution that fails to address structural injustices and has long been discredited. Guests of honour included media magnate Haim Saban and former Israeli Military Chief of Staff Gabi Ashkenazi, who commanded the attacks on Gaza in 2008-09 which killed 1,400 Palestinians. An Israeli propaganda video about Streisand’s appearance at the gala features armed Israeli soldiers running in a scenic sunset. A shameful sunset in her own career.
In a wonderfully shocking divestment move, Israeli powers-that-be are furious at BNP Paribas for shutting down its operations in Israel. Bank of Israel Governor Stanley Fischer, Finance Minister Yuval Steinitz and Banks Supervisor David Zaken believe the bank’s board of directors caved to pressure groups, in the first case in years of a foreign bank leaving Israel. BNP Paribas has had operations in Israel since 2003. The bank claims it sustained serious damage from the Greek crisis, yet the only foreign branch it is closing is its Israeli one.
Unfortunately, as yet, no international governmental sanctions against Israel have been imposed in the past few months. On the contrary, the US continues to oppose attempts to boycott Israel, putting great pressure especially on Arab League states, which officially support BDS. Under US antiboycott legislation enacted in 1978, US firms are prohibited from compliance with any such boycott directly or for a third party, and are required to report any such request to the US Department of Commerce. The WTO is an accomplice, as Israel is supposed to be treated as a Most Favoured Nation by member states.
This pressure has unfortunately had its effect. Morocco and Gulf Coordination Council members, especially Qatar, Bahrain and Oman, acceded to US arguments that boycotting Israel harmed the “peace process” and turn a blind eye to third-party economic relations with Israel and even quietly conduct direct trade.
But the Arab Spring is forcing these truant governments to wake up to their people’s demands. And the US showpiece for its vision of the new Middle East — Iraq — doesn’t dare end boycott activities, which were the hallmark of Iraqi politics prior to the US invasion.
Occupy protesters succeed in port bid
Press TV – December 13, 2011
US ‘Occupy’ protesters have successfully shut down California’s Oakland port, as the movement continues to gain strength across the country.
Protesters successfully blocked trucks arriving at the port of Oakland California on Monday, in an attempt to block the entrance of goods serving the capitalist class in the country, the Occupy California website reported.
Port workers were sent home following the shutdown.
The latest developments follow efforts by protesters to block several of the busiest West Coast ports.
Meanwhile, demonstrators severely disrupted traffic at ports in Los Angeles, Seattle, Houston, Portland, and Long Beach.
Protesters called the coordinated rallies a response to the dismantling of Occupy encampments by US police across the country.
Protests have been led by Iraq war veteran Scott Olsen, who sustained a head injury during an Occupy Oakland rally in October.
The Occupy Wall Street movement began when a group of demonstrators gathered in New York’s financial district on September 17 to protest against the unjust distribution of wealth in the country and the excessive influence of big corporations on US policies.
Despite the police crackdown and mass arrests, the Occupy movement, which grew out of the Occupy Wall Street movement, has now spread to many major US cities as well as to Australia, Britain, Germany, Italy, Spain, Ireland, Portugal, and other countries.
Israeli SodaStream: Maybe Green, Definitely Not Clean
By Theresa Wolfwood | Palestine Chronicle | December 10, 2011
It seems like a great idea – to buy a counter top device that converts tap water into sparkling fizzy water. Add a line of 100 flavours of sweet syrups; in the words of the sales clerk I spoke to, ‘it’s a fun thing.’
SodaStream (sometimes marketed as Soda Club) is sold around the world including in my city, often by big chain stores like Costco, Kmart and Amazon (USA); Sears, The Bay, and Home Outfitters (Canada); Tesco, Asda and Argos (UK); Migros (a large coop network in Switzerland); Carrefour (France & other countries); Edeka, Adler, and Karstadt, (in Germany where it is distributed by Brita, the international water filter company. Brita products are sold in Israel by SodaStream.)
The world’s largest producer of home carbonation systems, sold in 41 countries, SodaStream claims to be environmentally friendly because it uses its own reusable bottles, saving the production and transport of millions of disposable plastic containers and saving money and time for consumers. As some of the syrups use natural products, while others use sugar and artificial sweeteners, it is promoted also as “healthy” in natural food, eco-friendly, green and biological shops.
It sounds too good to be true – and so it is.
These products are labelled “Made in Israel”, the company claims to have factories elsewhere including China. An examination of the corporate annual report reveals that only some parts are made in China. (SodaStream International Ltd.; Annual report,” 30 June 2011).
SodaStream is owned by Soda-Club, an Israeli company founded in 1991 by Peter Wiseburgh and publicly traded on NASDAQ as SodaStream International under the symbol SODA with 2009 revenues of USA$ 142,842,000.
However, the products are not made in Israel at all.
SodaStream is manufactured in Mishor Adumin, (also known as Mishor Edomin) one of 171 illegal settlements within Palestine. Mishor Adumin is about 20 kilometres east of Jerusalem in a strategic area of illegal settlements designed to cut off Palestinians’ right of free movement between the northern and southern areas of the West Bank. Syrups are produced in another settlement, Ashkelon. (The device uses disposable carbon dioxide cartridges which are made in Germany and other countries.)
“These products are fraudulently labelled as “Made in Israel”, but are in fact produced in illegal settlements under the conditions of the military occupation in the West Bank, outside the internationally-recognized borders of Israel.” http://www.bdsmovement.net/2011
Environmentally-friendly? Think of the Palestinian residents and farmers of Mishor Adumin whose homes, fields, orchards and forests were destroyed to create this industrial settlement and the neighbouring residential settlement of Ma’aleh Adumim which today ranks third in population of all Israeli settlements in the West Bank. Over 1.5 million trees have been destroyed in Palestine by the occupiers as they insinuate their homes and factories into Palestinian land. More than 300,000 Palestinians are homeless as a result of home demolitions in Palestine.
The environmental destruction continues. When I was in Palestine I witnessed fields, orchards and homes being bulldozed and leveled, preparing for the continuation of the wall and the construction of an Israeli-only super highway linking all the settlements around Jerusalem, including Ma’aleh Adumim and Mishor Adumin.
So how can SodaStream be green?
There is nothing clean about the production of this ‘fun’ product, either. Many of the workers in SodaStream factory are Palestinians, desperate for any kind of job. Independent research has revealed that workers are poorly paid, sometimes below the minimum wage, are threatened with job loss (in any Israeli-owned facility) if they complain about bad working condition, job insecurity or low wages. They are the occupied subjects of military rule, lacking legal rights, including the right to organize. (For more details, see here)
SodaStream has also been accused of fraud. The European Union grants certain tax benefits to Israeli goods imported into Europe, but that does not include goods produced in occupied territories. In 2010 the European Court of Justice ruled that its products manufactured in Israeli-occupied territories were not subject to the preferential import duty treatment as goods manufactured within Israel. In Germany shipments of these products have been stopped by customs because they are not labelled truthfully.
Resolutions #242 & #338 of the UN Security Council include statements that prohibit permanent settlement of occupied lands for domestic or commercial purposes; Israel continues to rob Palestine of land, resources and access. Article 49 of the Fourth Geneva Convention of 1949 also states that, “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.”
The Boycott, Divestment and Sanctions Movement, founded by 180 civil organizations in Palestine, has spread around the world. Solidarity groups everywhere are chalking up successes in consumer products and institutional investments, including national pension plans. (See: BDS: BOYCOTT, DIVESTMENT, SANCTIONS: The Global Struggle for Palestinian Rights. 2011. Haymarket Books, USA by Omar Barghouti)
Meanwhile SodaStream claims with much publicity to have sold one million of its devices in socially-responsible Sweden. But in July, 2011 the Coop (Cooperative Stores Network) announced it would stop selling SodaStream products because they are made in occupied territory and their sale was in conflict with Coop’s own ethical standard as well as Global Compact, the UN ethical guidelines for businesses. In Belgium as well as other European countries BDS campaigners actively protest against the sale of SodaStream.
USA and Canada both have a Free Trade Agreement with Israel. That means, as in the European Union, certain taxes are not levied on partners. By allowing SodaStream to sell its fraudulently labelled “Made in Israel” products, illegally produced under military occupation, as free trade products, the company receives financial concessions under Free Trade agreements.
Boycotts are powerful tools for our international campaigns for human rights. Ahava Cosmetic Products are also made in an illegal settlement, Mitzpe Shalem, near the Dead Sea; they are no longer sold in major outlets in Canada and USA after boycott actions. As law respecting citizens we have a responsibility to stop the illegal sale of another luxury product with dubious health or environmental benefits, made under conditions that violate the human rights of workers and all Palestinians.
Boycott SodaStream!
– Theresa Wolfwood is a writer and activist in Victoria, BC, Canada. She visited Palestine in 2010 and Belgium in 2011.
Volunteer in Gaza with the ISM
International Solidarity Movement, Gaza | December 9, 2011

The International Solidarity Movement is appealing for activists to join our team in the besieged Gaza Strip. After being barred from Gaza in 2003 following the murders of Rachel Corrie and Tom Hurndall, ISM Gaza was reinstated in August 2008 when ISM and other volunteers traveled aboard the historic, siege-breaking voyage of the first Free Gaza Movement boat. ISM has maintained a constant presence in Gaza since that time, for over three years of Israel’s crippling siege.
ISM volunteers refused to leave when Israel began bombing Gaza in December 2008. During the devastating 23-day assault, activists accompanied ambulances and provided vital testimony to the international media.
Daily life in Gaza is a harrowing struggle. In stark violation of international law, Israel enforces a three-nautical-mile fishing blockade. The Israeli-imposed ‘buffer zone’ swallows up a third of Gaza’s farmland, which lies along the Israeli border. Farmers are routinely shot and killed simply for working their land well inside Gaza’s borders.
ISM Gaza volunteers accompany farmers and demonstrators in the ‘buffer zone’, as well as fishermen routinely harassed by the Israeli navy. Visit http://www.palsolidarity.org/main/category/gaza/ to watch videos and read reports by ISM Gaza.
Those interested in joining the ISM Gaza team are required to attend a preliminary training in their home country and must communicate with the volunteers in Gaza prior to arrival. Entering Gaza is an arduous process that may require some time to be spent in Egypt. All ISM volunteers in Gaza must agree to ISM principles as delineated on www.palsolidarity.org.
Also recommended:
- Previous experience in the West Bank with the ISM strongly encouraged; if not, experience with nonviolent direct action, preferably elsewhere in the Middle East
- A historical understanding of Palestine and some knowledge of the current political situation
- Arabic language skills highly recommended; if not English is necessary
- Cultural sensitivity
- Ability to stay in Gaza for an extended period of time (over a month)
- High degree of independence and self-sufficiency
- Ability to do deal with protracted stressful situations
- Experience with consensus-based decision-making
For more information about where to attend a preliminary training or other questions, please email gazaism@gmail.com.
Appeal denied in Holy Land Five case
By Nora Barrows-Friedman – The Electronic Intifada – 12/08/2011
The Fifth Circuit Court of Appeals formally denied an appeal in the ongoing case of the Holy Land Five (HLF), deciding to uphold the convictions of the leaders of the once-largest Muslim charity organization in the US on spurious “terrorism” charges despite irrelevant, prejudicial evidence and unconstitutional precedents used by the federal government.
The Dallas Morning News reported on 7 December that:
Fifth Circuit Judge Carolyn Dineen King, writing on behalf of colleagues Emilio M. Garza and James E. Graves, Jr., noted:
“While no trial is perfect, this one included, we conclude from our review of the record, briefs, and oral argument, that the defendants were fairly convicted. For the reasons explained below, therefore, we affirm the district court’s judgments of conviction of the individual defendants. We dismiss the appeal of the Holy Land Foundation for Relief and Development.”
Since the Bush administration dismantled the Holy Land Foundation — which sent direct humanitarian aid to Palestinians living under Israeli military occupation as well as to communities in the US suffering from the effects of natural disasters — under the guise of the draconian Patriot Act, the five defendants have been accused and convicted of providing “material support” to “terrorist organizations” (namely the Hamas political party in Palestine). In September 2009, all five were sentenced to prison terms varying from 15-65 years. The Patriot Act strengthened a Clinton-era “anti-terrorism” legal caveat called the Material Support law which has been used to take down Muslim organizations and individuals in this country for the last ten years.
This past September, as The Electronic Intifada reported, oral arguments began in the appeals process, following last year’s submission of a 149-page appeal by the defense team.
In a press release from the Muslim Legal Fund of America (MLFA), it is pointed out that the Federal government violated significant amendments of the US Constitution and basic legalities during this ten-year effort to prosecute the Holy Land Five. Those violations include:
– The fact that the court barred the defense from learning the names of two government witnesses, one of which was the government’s key witness in the trial. According to the brief, this action violated the defendants’ Fifth Amendment right to due process and Sixth Amendment right to confront witnesses against them.
– The fact that the court admitted unfairly prejudicial evidence with little or no relevance to the charges in the case. This evidence included exhibits about Hamas suicide bombings, testimony about Hamas killing collaborators with Israel, a video of demonstrators stomping on and burning the American flag and other such imagery — none of which had any connection to the defendants.
– The fact that the court denied the defense access to evidence the prosecution had access to. Instead, prosecutors were allowed to cherry-pick what evidence the defense could review.
The Electronic Intifada will provide updates in the HLF case, especially regarding the next steps for the defendants, their families and their legal teams.
The ongoing efforts by the US government to criminalize Palestine solidarity and charity work — see the continuing persecution of Dr. Sami al-Arian, who was never convicted but remains on repressive house arrest following years of imprisonment, including solitary confinement; or the FBI’s grand jury cases against activists in the Midwest — is nothing new, and is not surprising, but as my colleague (and subpoenaed activist in the grand jury trial) Maureen Murphy has written, “it poses a special threat to the growing Palestine solidarity movement in the US, which is increasingly challenging the US government’s military aid to Israel and its diplomatic cover for Israeli war crimes and apartheid.”
