Texas Cop Places Woman in Chokehold for Video Recording
UPDATE: Texas Cop Loses Job for Chokehold on Woman, 2nd Cop Disciplined for Ordering Footage Deleted
By Carlos Miller | PINAC | November 30, 2014
A Texas cop placed a woman in a chokehold because she was video recording some type of police activity in the parking lot of what appears to be a fast food restaurant after she refused to provide identification.
It started when Corpus Christi Sergeant J.E. Lockhart stormed up to Lanessa Espinosa, who was standing a good distance away from the investigation, accusing her of interfering – after a nearby cop from another agency accused her of being a “jailhouse lawyer.”
“There is a probable cause for us to be out here,” Lockhart said. “I want to know who you are, so I’m requesting your ID. You fail to ID, I’m going to take you into jail. And that’s law.”
“What’s my charge?
“You’re not being charged with anything.”
“Then I don’t have to show you my ID, sir.”
“You’re involved in an investigation. You want to interfere with an investigation, you’re going to jail for interfering with a police officer in performance of his investigation. Do you understand that? DO YOU UNDERSTAND THAT?”
Espinosa understood that Lockhart was out of line, so she said she was in fear for her safety and took a step back, which was when another cop placed her in a chokehold.
Espinosa turned the camera on herself as she was getting chokehold by the cop from the other agency, whose agency has not been determined because Corpus Christi runs into four counties and I haven’t been able to make the patch out.
That cop then turned her over to Lockhard, who handcuffed her.
Espinosa has not responded for comment from PINAC over the incident, but public records show she was not arrested.
UPDATE:
The video of a Texas woman getting placed in a chokehold and handcuffed for refusing to provide her identification ended up going viral where it was covered by a local television news station at the top of the news hour Monday night.
However, KIII-TV reporter Bill Churchwell finished the segment by providing misinformation about the law when it comes identifying yourself to police, informing viewers that citizens are required to identify themselves whether or not they have been lawfully arrested.
Nothing could be further from the truth.
The Texas Failure to Identify law makes it a crime for people to refuse to identify themselves if they have been lawfully arrested or if the person provides false information if they have been lawfully detained.
However, when news anchor Joe Gazin asked Churchwell about this law, the reporter stated the following:
“Well that is required whether you are a witness or involved in an incident, you are required to tell officers who you are,” Churchwell said.
Churchwell is most likely getting his information from police without bothering to look at the actual statute, which is a big mistake because we all know police are clueless about the laws they are supposed to enforce.
But that is the norm for mainstream media reporters who don’t want to risk questioning their local police department and therefore lose access to the daily information that enables them to report the news without putting in much effort.
However, it didn’t take long for a viewer to set the record straight on KIII-TV’s Facebook page about the law.
Blogger ExCop-LawStudent, a former Texas cop turned law student, also elaborated about the law on his blog.
In the video, a police officer with an unknown police department† claims that Lanessa Espinosa is a “jailhouse lawyer” because she actually knows what the law says. She pointed out that she did not have to identify herself unless she was “being charged.” At that point Corpus Christi Senior Officer‡ J.E. Lockhart comes up and demands ID and tells her that he will arrest her if she doesn’t provide ID.
The problem is that § 38.02, Texas Penal Code, does not authorize an arrest for failure to ID on a mere detention unless the person provides a fictitious name. We’ve covered that several times, here, here, here, here (also in Corpus), here, here, here, and here.
There are several things wrong with the video. First, the officer from the unknown department is choking Espinosa with an arm-bar choke hold. If you look at the video at 1:12, you’ll see the officer’s forearm cutting directly over Espinosa’s adam’s apple in the same manner that killed Eric Garner in New York. The arm-bar choke hold is almost universally viewed as deadly force, and completely inappropriate here when the crime is at best, a misdemeanor under the officer’s mistaken idea of the law.
Second, it is a false arrest. Even more so, it is an arrest because she is exercising her right not to provide identification when he knows (or should have known) that the arrest is unlawful, and that he intentionally denied her of her freedom when he knew (or should have known) that his conduct was unlawful. Folks, that the definition of Official Oppression, § 39.03, Texas Penal Code, and is a Class A misdemeanor.††
Some states have what are called “stop and identify” laws, which requires citizens to identify themselves if they have been detained, but Texas is not one of those states, which is why it only requires a citizen to identify themselves if they’ve been arrested.
There is no state where citizens are legally required to provide identification merely because a cop demands it unless the cop has detained you because he had a reasonable suspicion that you committed a crime.
That doesn’t mean cops won’t demand your identification because they do it all the time, many times under intimidating threats of arrest, which is why we must remain recording in these situations.
And if a cop tells you he has the right to ask you for your identification, tell him you have the right not to provide that identification. … Full article
Hearing collapses in Egypt trial of 494, including Irish teen
Reprieve | December 1, 2014
A mass trial hearing for almost 500 people collapsed this morning in Cairo, with the judge failing to attend and defendants unable to enter a court packed with masked pro-Government supporters.
Reports from the makeshift courtroom in Tora prison suggest that there was no judge in attendance throughout, and the room was full of supporters of the Government – many wearing masks in an apparent attempt to intimidate defence lawyers. The families of the 494 defendants were reportedly barred from entering the room, while the prisoners themselves were not called in.
The group of 494, arrested in August 2013 in a sweeping crackdown on protests, includes several juveniles being tried in violation of Egypt’s Child Laws – among them Irish teenager Ibrahim Halawa, who was 17 at the time of his arrest. Mr Halawa has reported being tortured and denied medical attention during his 18-month detention.
The 494 face potential death sentences, in the latest in a series of mass trials that has attracted condemnation from the UN, US, and Egyptian rights groups.
Today’s hearing has been postponed for another month – continuing a long hiatus in effect since August this year, when a three-judge panel resigned mid-hearing citing their ‘unease’.
The proceedings come days after another court handed down sentences totalling 340 years to 78 children in a mass trial at which their lawyers were not allowed to be present.
Maya Foa, head of the death penalty team at legal charity Reprieve, which is assisting Mr Halawa, said: “The chaos at today’s hearing shows this mass trial for what it is – a mockery of justice. The defendants and their families were shut out of the room, but masked Government supporters were allowed to attend in droves – and the judge didn’t even turn up. Meanwhile, these 494 people have already spent 18 months in prison, and been told they could face death at any time. The international community must intervene now to prevent this travesty from going any further.”
Darren Wilson Investigation Swayed by Favoritism from Start
By William N. Grigg | PINAC | November 25, 2014
“Any time I’m involved in an officer-involved shooting, be it a fatal one or non-fatal, it is always during my initial investigation listed as an assault on law enforcement,” explained the St. Louis County Police Detective who inaugurated the investigation of the Michael Brown shooting. “Officer Wilson … was the victim of the assault we were investigating.”
Once it had been established that the living, armed individual was the “victim” and the dead, bullet-ridden body had belonged to the “assailant,” continued the detective in his September 3 grand jury testimony, “One of the sergeants with Ferguson [gave] me a brief walk-through to start my investigation so I [could] have a logical starting point from where I would start my video, photographs, and looking for evidence.”
That unnamed sergeant, most likely, was the supervisor who had told Darren Wilson to leave the scene after the shooter told him that Brown had tried to take his gun.
From its inception, the shooting of Michael Brown was not investigated as a potential criminal homicide, and the inquiry was an exercise in validating the killer’s story, rather than testing it against the available evidence. The assumption was that killing was part of his job description – or, as Wilson has subsequently told George Stephanopoulos, “I did what I was paid to do.”
If Wilson had been a member of the productive class, rather than a state employee licensed to dispense aggressive violence, he would have been presumed legally innocent, but required to justify his actions. Because of his occupation, however, Wilson was considered both legally innocent and presumptively correct, and the investigation became an exercise in justifying the shooter’s actions, rather than an inquiry into their propriety.
If Officer Wilson had been “merely” Darren Wilson, the deceased Michael Brown would have been identified as the presumptive “victim.” The shooter would not have been allowed to leave the scene without making a statement to the police, and his associates would not have been allowed to frame the crime scene for the benefit of the investigating detective.
Most importantly, if Wilson had been treated as a homicide suspect, rather than the “victim” of an “assault on law enforcement,” he would not have had the luxury of composing his story at leisure, in consultation with his attorney, to fit the facts as they emerged from the investigation.
“When you got back to the police department, after you washed off and everything, did you ever think at what time that I needed to write a report while it is fresh in my mind?” asked assistant St. Louis County prosecutor Kathi Alizadeh.
“No,” Wilson replied. “The protocol is whenever you are involved in a significant use of force, that you contact your FOP [Fraternal Order of Police] representative and then he will advise you of what to do step by step because they are the clear head in that situation. They have not been through a traumatic experience.” (See the transcript of Darren Wilson’s grand jury testimony, pages 77-78.)
When the shooter is a Mundane – that is, a common citizen, rather than a police officer – he may be similarly traumatized, but he can’t count on the “step-by-step” guidance of clear-headed police officers who have identified him as the victim. One of the first priorities for investigators in non-“officer involved” shootings is to get the original story from the shooter, and compare it against the evidence. As a police officer, however, Wilson wasn’t required to make an initial statement of any kind – either in an incident report, or to any of the investigating officers.
Asked by Alizadeh if he had committed his recollections to paper in a diary or journal, Wilson replied: “My statement has been written for my attorney.”
“And that’s between you and your attorney, then?” asked the unusually helpful prosecutor, who received an affirmative reply.
“So no one has asked you to write out a statement?” the assistant DA persisted.
“No, they haven’t,” Wilson acknowledged. He made one brief reference to speaking with a detective while in the hospital, but that communication was protected by Wilson’s “Garrity” privileges, which means that it could be used only for the purposes of an internal investigation, not in a criminal or civil proceeding.
In his November 24 press conference, St. Louis County DA Robert McCulloch made conspicuous mention of the fact that some witnesses had changed their testimony once their original story was found to be in conflict with subsequently discovered evidence. This is something that happens frequently to homicide suspects, as well. Wilson was never in danger of being caught in that contradiction because he was not treated as a suspect, nor was he required to make a statement to criminal investigators.
During Wilson’s examination before the grand jury, McCulloch’s deputy prosecutors were gentle and deferential, rather than being adversarial. This is to be expected, given that this was a conversation among colleagues.
At several points in his testimony, Wilson made statements that a motivated prosecutor would have aggressively pursued. For example: Wilson – who at 6’4” and roughly 225 pounds is no small man – said that when he grappled with Brown, he felt like a “five-year-old” who was trying to restrain “Hulk Hogan.” He likewise claimed that he had been struck twice by Brown with such force that he was concerned a third blow would be “fatal” – yet the medical examination displayed no evidence of corresponding trauma to his face.
Wilson didn’t explain how the right-handed Michael Brown could have punched the right side of his face while the officer was sitting in the driver’s side of his vehicle. Although Wilson claimed that the initial blows were inflicted while Brown was holding stolen cigarillos in his right hand, no broken cigars were ever recovered, either in the SUV or the surrounding area. The stolen cigars were not found by the medical examiner who arrived on the scene after the shooting. (Interestingly, that examiner never took photos of the deceased, because “My battery in my camera died,” nor did he take any measurements at the crime scene.)
A well-known and highly respected forensic analyst and expert witness on biomechanics and accident reconstruction takes note of several points the prosecution either ignored or minimized to the point of invisibility.
“The big issue as I see it, is how do the cops justify provoking a lethal confrontation with a kid over some damned cigarillos?” the analyst pointed out in an email to me. “Why not wait for ample backup and use non-lethal methods to subdue and arrest for shoplifting? This of course assumes grounds for an arrest. Why were the alleged cigarillos not found? And what did the DA mean when he stated on TV that Brown’s body was on the road 150 feet from the police car? How does an unarmed kid that far away with no weapons constitute an immediate threat to life?”
He also underscores the fact that the unarmed pedestrian Brown, rather than Wilson, may have had the stronger case for self-defense:
“As for what supposedly went on in the passenger compartment with the alleged grabbing of the cop’s arm – this is “consistent with” a kid whose life was threatened by an overly aggressive cop with a gun aimed at him and where the kid was so terrified of an immediate shooting that he felt compelled to take preemptive action to protect himself by disarming the cop.”
If Darren Wilson had been part of the wealth-producing class, as opposed to an armed emissary of the tax-consuming elite, those questions most likely would have been examined in a criminal trial. But, once again, owing to his occupation, this was never going to happen.
Robert McCulloch has a well-earned reputation for deference to the police, and a well-established habit of justifying every use of lethal force, no matter how questionable. Rather than simply seeking an indictment, McCulloch presented the case for the “defense” as well – a characterization that is an odd fit here, given that Wilson – it bears repeating – had been treated as the “victim” in this incident from the beginning.
“Had the prosecution desired an indictment against Ferguson Police Officer Darren Wilson, the presentment would have taken an hour, maybe two, and there would have been a true bill by close of business the next day, well before Michael Brown had been laid to rest,” points outattorney and civil rights advocate Scott Greenfield. “The grand jury isn’t the venue to present `all the evidence.’ That’s what trials are for. The grand jury serves a very limited function, to determine whether sufficient evidence exists so that there is probable cause to proceed to trial.”
A great deal of the media coverage has referred to the Grand Jury’s decision as a “verdict,” which is both technically incorrect and substantively true: Rather than seeking probable cause to indict Wilson, McCulloch and St. Louis County law enforcement built a case to convict Michael Brown of “an assault on law enforcement.”
Given the ambiguity of the evidence, Darren Wilson as a private citizen likely would not have been convicted of murder if the case had gone to trial, but a conviction on a lesser count would be a possibility. Under Missouri’s constitutionally perverse statute dealing with police homicide – which has been criticized by former federal judge Paul Cassell, who is broadly indulgent of killer cops – Officer Wilson was never in danger of being convicted of a crime.
It is not necessary to believe that Michael Brown was the embodiment of winsome innocence (it’s pretty clear that he was not) to take issue with the architecture of official privilege that protects Darren Wilson – and the other armed representatives of the political class – from accountability. The problem, in a single phrase, isn’t “white privilege,” but rather “blue privilege.”
Edmund Burke could have had this case in mind when he wrote these lines from his neglected essay “A Vindication of Natural Society”: “In a State of Nature, it is true, that a Man of superior Force may beat or rob me; but then it is true, that I am at full Liberty to defend myself, or make Reprisal by Surprise or by Cunning, or by any other way in which I may be superior to him. But in Political Society … if I attempt to avenge myself, the whole Force of that Society is ready to complete my Ruin.”
Egypt mass trial tomorrow could see death sentences for 500, including Irish teen
Reprieve | November 30, 2014
A mass trial for almost 500 people will resume tomorrow in Egypt, and could see death sentences handed down to the defendants – including an Irish teenager arrested last year while on holiday.
Ibrahim Halawa, from Dublin, was 17 at the time of his arrest during a military crackdown on protests in the city last August. He is one of 494 defendants who could face a death sentence in a makeshift courtroom expected to convene in the Tora prison complex in Cairo. It’s emerged that several other minors are also among the hundreds due in court.
Tomorrow’s hearing follows a mass trial several days ago at which authorities handed down sentences totalling 340 years to 78 children. At that hearing, lawyers were reportedly barred from entering the court.
At the last hearing for Mr Halawa’s mass trial in August this year, a three-judge panel resigned from the case mid-hearing, citing ‘unease’ with the proceedings amid protests from lawyers and defendants alike.
Egypt’s mass trials have been condemned by the UN as illegal and “rife with procedural irregularities”, and by Egyptian rights groups as “a grave violation of… the right to a fair trial”. A report published days ago from the UK Parliament’s Foreign Affairs Committee, meanwhile, criticised the UK Government for failing to list Egypt as a ‘country of concern’ in light of the mass trials and the handing down of death sentences.
Maya Foa, head of the death penalty team at legal charity Reprieve, which is assisting Mr Halawa, said: “It is extremely worrying that the mass trial appears to be going ahead as planned. This is a clear violation of internationally-accepted fair trial standards, and the international community must do all it can to halt them and prevent hundreds of people from potentially being sentenced to death.”
UN panel slams US for police brutality, torture, botched executions
RT | November 29, 2014
A UN report has condemned the United States for violating the terms of an international anti-torture treaty. The panel took Washington to task for police brutality, military interrogations, and capital punishment protocols.
“The Committee is concerned about numerous reports of police brutality and excessive use of force by law enforcement officials,” the paper released by the UN Committee Against Torture says, adding that in particular this brutality is seen against persons belonging “to certain racial and ethnic groups, immigrants and LGBTI individuals.”
The document was released on Friday, just days after the contentious decision of a Missouri grand jury not to indict a white officer accused of shooting Michael Brown, an unarmed black teen. The decision triggered a wave of protests nationwide.
Although the report didn’t specifically mention the events in Ferguson, Mike Brown’s parents met with the committee to discuss their son’s case in Geneva earlier this month.
The UN watchdog expressed “deep concern at the frequent and recurrent police shootings or fatal pursuits of unarmed black individuals.”
The 10-person panel, which periodically reviews the records of the 156 countries which ratified the Convention Against Torture – a non-binding international human rights treaty – cited mounting concerns over “racial profiling by police and immigration offices, and growing militarization of policing activities.”
The committee called on US authorities to “prosecute persons suspected of torture or ill-treatment and, if found guilty, ensure that they are punished in accordance with the gravity of their acts.”
“We recommend that all instances of police brutality and excessive use of force by law enforcement officers are investigated promptly, effectively and impartially by an independent mechanism,” said panel member, Alessio Bruni, at a news conference in Geneva.
Urging for tougher laws to define and ban torture, the committee called on Washington to reevaluate the treatment of detainees at the infamous Guantanamo Bay detention facility, which currently houses 148 prisoners.
“The Committee is particularly disturbed at reports describing a draconian system of secrecy surrounding high-value detainees that keeps their torture claims out of the public domain.”
In addition, the committee criticized the recent spate of botched executions, especially in Arizona, Oklahoma, and Ohio, citing reported cases “of excruciating pain and prolonged suffering that procedural irregularities have caused to condemned prisoners in the course of their execution.”
The UN body further highlighted “continued delays in recourse procedures which keep prisoners sentenced to death in a situation of anguish and incertitude for many years.”
“The Committee notes that in certain cases such a situation amounts to torture in so far as it corresponds to one of the forms of torture (i.e. the threat of imminent death) contained in the interpretative understanding made by the State party at the time of ratification of the Convention.”
The report urges US authorities to establish “a moratorium on executions with a view to abolish the death penalty” and “to commute the sentences of individuals currently on death row.”
US activists welcomed the findings as a call to action for the federal government.
“This report – along with the voices of Americans protesting around the country this week – is a wake-up call for police who think they can act with impunity,” said Jamil Dakwar of the American Civil Liberties Union (ACLU), as quoted by Reuters.
READ MORE: ‘We crossed the line’: US mea culpa at UN panel on use of torture
Israeli soldiers shoot Italian in the chest at Kafr Qaddum rally
Al-Akhbar | November 29, 2014
A pro-Palestinian Italian activist was shot and seriously wounded by Israeli gunfire during a Friday protest in the northern West Bank, medics and the activist’s organization said.
Palestinian security sources said Patrick Corsi, a 30-year-old member of the International Solidarity Movement (ISM), was shot during the weekly demonstration at Kafr Qaddum, west of Nablus.
Eyewitnesses said Corsi, who had participated in last week’s protest as well, had been documenting the event with a camera.
ISM, an activist group whose members frequently attend Palestinian protests to monitor the actions of Israeli soldiers, confirmed the shooting in a statement.
“The Italian activist, known as Patrick, was wearing a yellow high visibility jacket when he was shot with .22 live ammunition,” the statement said.
The statement added that 10 Palestinian protesters were wounded by rubber-coated steel bullets at the protest, in addition to 18-year-old Sami Jumma who was struck by live fire.
“We were standing with a group of Palestinian demonstrators when Patrick was shot. The military had fired three rounds of tear gas, and then a shot rang out and Patrick stumbled back. There was between five and ten minutes from the last tear gas canister fired and the bullet that shot Patrick.”
“He was just standing there, peacefully protesting, wearing a hi-viz jacket, he wasn’t doing anything and they just decided to shoot him,” the statement quoted an ISM volunteer at the scene as saying.
“The bullet entered Patrick’s chest near a main blood vessel, but thankfully did not puncture it. If God forbid it had, the lengthened journey to the hospital because of the closed road could have cost Patrick his life,” ISM media coordinator Ally Cohen was quoted in the statement as saying.
Due to an Israeli closure of Kafr Qaddum’s main road to Nablus, the travel time to the nearest hospital is around 30 minutes instead of 10.
Khaldoun Ishtewi, media coordinator for public campaigns in Kafr Qaddum, told Ma’an news agency that the Italian national was taken to the Rafidia Public Hospital in Nablus for treatment.
Ishtewi added that several Palestinians suffered from excessive tear-gas inhalation as a result of canisters fired by Israeli soldiers during the clashes.
An Israeli military spokesman did not immediately return a request for comment.
Palestinian Minister of Health Jawad Awwad told Ma’an that “shooting live fire at the upper part of the bodies of protesters is directly targeting them and is a deliberate attempt at murder.”
“Israel does not differentiate between foreign solidarity activists, Palestinians, or even journalists,” he added.
An Israeli army spokesman described the event as a “riot” during which 100 Palestinians allegedly hurled rocks at troops and burnt tires.
After failing to disperse people and “due to increased violence,” soldiers “fired small caliber rounds toward main masked instigators,” the spokesman said.
In the West Bank at the Qalandiya crossing between Jerusalem and Ramallah, Israeli border policemen “fired small caliber rounds toward two main instigators’ lower extremities” during a violent clash with some 150 Palestinians, the spokesman said.
There was no immediate report on their condition.
Protests are held every Friday in Kafr Qaddum against Israel’s closure of a main road linking the village to its nearest city, Nablus, as well as against the Israeli occupation more generally.
The West Bank and annexed East Jerusalem have been occupied by the Israeli military since 1967.
(AFP, Ma’an, Al-Akhbar)
Photo credit – ISM
Guantanamo force-feeding is illegal, says UN body
Reprieve | November 28, 2014
A United Nations panel has said that the force-feeding of hunger-striking detainees at Guantanamo Bay is a violation of the UN Convention Against Torture.
The report, released today by the UN Committee Against Torture, said that the practice “constitutes ill-treatment”, and called on the US to halt it. The Committee also noted that “detainees’ lawyers have argued in court that force feedings are allegedly administered in an unnecessarily brutal and painful manner” – an apparent reference to US litigation brought by international human rights NGO Reprieve on behalf of cleared Syrian detainee Abu Wa’el Dhiab.
As part of those legal proceedings, the Obama Administration has until Tuesday, December 2nd to appeal a recent court order to release over ten hours of classified footage showing the force-feeding of Mr Dhiab.
Commenting, Cori Crider, Strategic Director at Reprieve and Mr Dhiab’s attorney, said: “The UN is entirely right – abuse at Guantánamo is still happening on Obama’s watch, and I’ve seen the force-feeding footage to prove it. This assessment could not be more timely – the Obama administration has until next week to either face up to a court order to release these force-feeding videos, or to file an appeal, in hopes of covering up the evidence. The right course is clear – the American public has a right to see what’s being done in their name. Obama should release the tapes without delay, and end these abuses once and for all.”
Further detail on Reprieve’s force-feeding litigation can be found at the Reprieve US website.
Civilians killed in US drone attacks: Rights group
Press TV – November 28, 2014
A rights group says many civilians have been targeted and killed in US drone attacks in Pakistan and other countries where such raids are carried out, Press TV reports.
The UK-based rights group Reprieve revealed that civilians have been killed in Pakistan and other places before militants were targeted by US assassination drones.
Reprieve has presented several cases on how ruthlessly the US Central Intelligence Agency (CIA) has killed civilians but declared them militants through dubious reports in the media, which regularly cite anonymous Pakistani and US officials.
In one such case, the CIA killed 221 people, including over 100 children, in Pakistan in search of just four militants. This is while three of the militants are reportedly still alive and the fourth one has died of natural causes.
In another example, the report pointed out that on average each militant was targeted and reported killed more than three times before they were actually killed.
To kill one militant, sometimes “more than 300 people have been killed,” said Mirza Shazad Akbar, Reprieve’s representative in Pakistan.
“A former US drone operator said that by looking at the monitor and looking at people’s movement, he could actually tell who is a bad person and who is a good person… This is the extent of… the [US] flawed intelligence,” Akbar added.
But this is just the tip of the iceberg of the scale of tragedy in Pakistan’s tribal areas, where more than 3,800 people have been killed with the same pattern of the so-called precise surgical drone strikes.
The US carries out targeted killings through drone strikes in several Muslim countries, such as Afghanistan, Yemen, Pakistan and Somalia. Washington claims the targets of the drone attacks are militants, but local officials and witnesses maintain that civilians have been the main victims of such raids over the past few years.
The United Nations and several human rights organizations have identified the US as the world’s number-one user of “targeted killings,” largely due to its drone attacks in Pakistan and Afghanistan.
Humanitarian aid is still a target for the Israeli occupation
By Ibrahim Hewitt | MEMO | November 26, 2014
I have been the chair of trustees for 17 of Interpal’s 20 years as a British charity helping Palestinians in desperate need; it is a privilege to be in such a position. Being a trustee has enabled me to meet and work with some wonderful people, including our incredible beneficiaries in occupied Palestine, Jordan and Lebanon. They inspire us as we try to bring a degree of normality to their extraordinarily abnormal situation.It hasn’t been an easy ride. Interpal was declared by the US government in 2003 to be a “Specially designated global terrorist entity”; there was no due process, no investigation and no immediately obvious right to appeal against the decision. We discovered our new status via the BBC website. I called it “gesture politics” at the time, because claims that the US was freezing Interpal’s assets in America were nonsense; we didn’t have any assets there. In fact, the only money we have in the States now is around $100,000 which was confiscated by Citibank as the transfer of funds for our orphans’ programme in Jordan crossed a computer screen in New York. Orphans went without so that American and Israeli egos could be massaged.
A number of investigations and inquiries by Britain’s charity regulator have found no evidence of illegal activity by Interpal, and the US government has offered no evidence to justify its designation. The absence of any police involvement, said one senior Metropolitan Police officer, “is hugely significant”.
The “terrorist” tag originated in Israel, of course, which has a strong interest in blocking any kind of aid to the Palestinians living under its brutal military occupation; if life is made harsh enough, the theory goes, then perhaps the Palestinians will pack up and cross the Jordan into permanent exile. This is known in Zionist jargon as “silent transfer”. After almost 70 years of occupation, the Israelis obviously do not know the Palestinians, or the people who support them.
The UN Relief and Works Agency (UNRWA), whose senior spokesperson, Chris Gunness, has flown over to speak at Interpal’s 20th anniversary symposium in London, is at the forefront of working to keep the Palestinians afloat. Interpal is proud to be a valued partner of UNRWA and has a number of projects in the pipeline to continue such work in the months and years ahead.
Despite having such a high profile link to a UN agency, accusations of supporting “terrorism” have been thrown at Interpal almost since day one, with a claim in a major broadsheet that we “funded the training of suicide bombers” in 1996. A small charity has been seen as an easy target; we are the pebble in the Israeli shoe and just won’t go away. “Interpal,” said one Israeli politician, “is a tough nut to crack.”
The attack on our charity has been relentless which is odd, given our relatively small size. Italian journalist and author Loretta Napoleoni is an expert on “terrorist financing”. She told me that the US and Israeli governments are going after charities like Interpal precisely because they think that we are easy targets and can be shut down, at which point they can claim to be “cutting off terrorist funding”. The reality, she said, is that most of the $3 trillion drugs and terrorist economy is channelled through legitimate businesses, not charities. In 2012, HSBC confirmed that it was going to pay the US authorities $1.9bn (£1.2bn) in a settlement over money laundering. “A US Senate investigation said the UK-based bank had been a conduit for ‘drug kingpins and rogue nations’,” reported the BBC. The bank “admitted having poor money laundering controls and apologised.” There has been no special designation for a bank involved in very serious crime, but a small charity against whom there are only allegations from vexatious complainants face being driven out of existence; our only “crime” is helping Palestinians.
The message from our New York lawyer is that the US Treasury can only do so much about the designation: “It was a political decision and needs a political decision to rescind it.” In other words, the State Department must be involved, which is why Interpal has asked the Foreign and Commonwealth Office a number of times to speak on its behalf. Even though HM Government intervened on behalf of British banks facing legal action in the US, this British charity has been told “you need to raise it yourselves with the Americans”. Individual parliamentarians in both Houses have been very supportive over the years, but of government action there has been none.
Interpal distributes on average around £4 million a year and every penny is accounted for. In the great scheme of things, this is a relatively miniscule amount (Israel gets $8m a day from the US). The bureaucratic system that we have in place makes it ridiculous to suggest that we divert donations for illegal purposes.
The fact that many of the projects Interpal has funded are also funded by USAID doesn’t carry any weight in Washington, and America insists that we should discriminate along political lines in the distribution of our funds; discrimination of any kind is illegal for British charities, and rightly so. We will continue to support Palestinians with humanitarian aid without fear or favour, the only criteria being need.
Many of Interpal’s beneficiaries are women and children. The children of Palestine, Muslims and Christians alike, have had their childhood stolen from them; we should all hang our heads in shame at this. More than 80 per cent of the children in the Gaza Strip suffer from post-traumatic stress. Every time an Israeli jet flies overhead, or a helicopter, or a drone, these children wait for the bombs to follow; that is what they have come to expect. It is a shameful situation.
The recent news that the dedicated surgeon and activist Dr Mads Gilbert has been given a lifetime ban by Israel from entering the Gaza Strip illustrates perfectly the Israeli attitude towards anyone offering humanitarian assistance to Palestinians. It has nothing to do with “terrorism” and everything to do with enforcing an immoral and illegal blockade on the territory. What is being done in the name of “the only democracy in the Middle East” is not only undemocratic but also breaks international law. Israel’s leadership knows this but carries on regardless and with apparent impunity. NGOs and others will do likewise until justice is seen to be done and a free and independent Palestine emerges from the rubble.
This is an edited version of the speech given by Ibrahim Hewitt at Interpal’s 20th anniversary symposium in London on 25th November.
Israel transforms Jerusalem’s suburbs into a “big prison”
Concrete blocks are placed by Occupation security forces at the entrances to the Palestinian village of al-Ram, northeast of Jerusalem on November 19, 2014. Issam Rimawi – Anadolu Agency
By Mohammed Abdel Fattah | Al-Akhbar | November 26, 2014
Perhaps Israeli prisons can not accommodate more Palestinians, and so Israeli authorities have now chosen to imprison Palestinians inside their villages, especially in the suburbs of Jerusalem. That is part of the collective punishment inflicted on villages, whose residents dared to rise up against the occupation and the discriminatory policies it imposes on Palestinians – such as preventing them from praying at al-Aqsa Mosque, repeatedly storming the mosque, and turning a blind eye on violence and murder of Palestinians at the hands of fanatical Israeli settlers.
Occupied Jerusalem – The Israeli response to a village that revolts is to surround it with concrete barriers and military checkpoints, in addition to using weapons of all types and sizes against young demonstrators. Recently, the occupation forces began to seal off the villages of Hay al-Thawri, Sur Baher and al-Ram in the Jerusalem district after a series of protests against the killing of Ghassan and Uday Abu Jamal, both of whom carried out the recent Knesset operation. Before sealing off these villages, the Israelis encircled and sealed off the village of al-Issawiya, but the concrete barriers were later removed from its entrances following a protest by hundreds of its residents.
Sur Baher, located south of occupied Jerusalem, continues to be closed, hemming in its 27,000 residents. The Israelis tightened the noose around the village by closing its entrances with concrete barriers, leaving only one route for its residents. The people of Sur Baher enter and leave the village through that road, where an Israeli military checkpoint manned by abusive Israeli soldiers regularly mistreat anyone who passes by on foot or in a vehicle. Going in and out of the village presently takes an hour, while Israeli soldiers search every single person from head to toe and search cars from the hood to the trunk.
Students are forced to step out of cars and buses to cross the checkpoint on foot in order to get to school even if that means arriving half an hour late.
The director of the company Sur Baher Buses for Public Transportation, Raafat Nimr, complained that now they have to leave an hour before it is time to pick up students from outside the village to be able to drop them off at school somewhat on time.
He said his and other bus companies have suffered from closing the village and restricting access in and out to one checkpoint as it cut the number of trips buses take from the village in half. This will force the company to close down soon because the cost of “loading passengers increased and there is no longer a large number of trips to make up for it,” he said.
People who do not have a business to take care of outside the village have decided not to leave the village so that they won’t get upset and agitated. For example, Hamza Umaira has not left Sur Baher for a week. Besides, Israeli soldiers at the checkpoint regularly prevent him from going to Jerusalem to pray at al-Aqsa Mosque.
In Hay al-Thawri, where the family of Moataz Hijazi lives, the martyr who carried out the assassination attempt on the life of the extremist rabbi, Yehudah Glick, the situation is as bad as the rest. Like Sur Baher, the Israeli occupation sealed the village twice. The first time after killing Hijazi and the second time after the operation carried out by Ghassan and Uday Abu Jamal. The difference with this neighborhood to others is that it has been encircled with concrete barriers without military checkpoints. This prompts people to take bypass roads, delaying workers and students.
The town facing the worst mistreatment is al-Ram, whose closure affects the residents of the nearby Qalandia refugee camp as they go to and from Ramallah and Jerusalem. In addition to closing the northern entrance to the town with concrete blocks, the closure affects the revenue of businesses located along the road to the northern entrance. The Israeli authorities also closed the Jabaa road adjacent to the town, thereby creating a suffocating traffic jam that takes people two hours to get out of.
Just like the average citizen suffers, medical services suffer too. Turning the Palestinian villages surrounding Jerusalem into “large prisons” obstructs ambulances and prevents them from reaching areas where sick and wounded people need to be taken to hospitals.
Palestinian Red Crescent official, Amin Abu Ghazaleh, said that Israeli occupation forces deal with Red Crescent ambulances as though they are part of the young people’s uprising against them, especially after Israeli ambulances refused to enter Arab areas.
He pointed out that Israeli soldiers did not make it easy for ambulances to enter confrontation areas, treat the injured there or transfer them to hospitals. Instead, they refused to remove any barriers, which increases the rate of field medical treatment.
Residents of the villages facing closure believe that this policy will add to the tension in the city because most of their villages lack basic facilities, such as hospitals and markets.
For his part, political analyst, Fadel Tahboub argues that “Israelis do not want to calm the situation down in Jerusalem, so they continue to close villages and settlers continue to storm al-Aqsa Mosque.”
“The goal of the Israeli occupation is to isolate the Palestinian villages from Jerusalem in order to reduce the Arab population in the city, and to pave the way for annexing them to the West Bank at a later time, completely disconnecting them from occupied Jerusalem,” he concluded.





