UK blocks probe into Malaysian massacre
Press TV – September 5, 2012
The British High Court has chosen to support the government rather than justice seekers by blocking calls for an official inquiry into British troops’ carnage of 24 Malaysian plantation workers in December 1948.
Relatives of the victims who wanted to challenge the government’s decision not to conduct an investigation into the massacre at Batang Kali said the killings are a “blot on British colonization and decolonization” and blasted the court for failing to order an inquiry despite presence of adequate evidence to justify one.
Judge Sir John Thomas said he sees “no grounds” for “disturbing” the decision by Foreign Secretary William Hague and Defense Secretary Philip Hammond to oppose the relatives’ demand for an inquiry.
The killings happened during the Anti-British National Liberation War led by Malayan fighters against British colonizers that killed 2,478 civilians.
“We are appealing. As long as the injustice remains, the families will be pursuing legal action,” said solicitor John Halford, who represents the victims’ relatives.
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- Malaysians lose High Court battle over 1948 ‘massacre’ (morningstaronline.co.uk)
13 Israeli attacks on Palestinian fishermen in past two months
Palestine Information Center – 03/09/2012
GAZA — The Palestinian Centre for Human Rights (PCHR) documented thirteen violations against Palestinian fishermen in the Gaza Strip perpetrated by the Israeli navy forces, during the past two months.
PCHR documented the Israeli violations against Palestinian fishermen during the reporting period 26 July to 01 August 2012 including 10 incidents in which the IOF fired at fishermen.
The center also confirmed the arrest of two fishermen by the Israeli forces while fishing at a distance of 300 meters from Gaza port.
The center considered the Israeli attacks against Palestinian fishermen in the Gaza Strip as a flagrant violation of international humanitarian and human rights law, especially the right to life and security of the person, in accordance with Article 3 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights, to which the State of Israel is a party.
The IOF perpetrated violations against Palestinian fishermen in the sea, when these fishermen did not pose any threat to Israeli naval troops. The fishermen were practicing their right to work and seek their livelihood within the territorial waters of the Gaza Strip when the IOF indiscriminately fired at them.
During the reporting period, PCHR documented 11 cases in which the IOF fired at Palestinian fishermen in the sea off the Gaza shore, and the arrest of 2 Palestinian fishermen, including a 16-year-old boy
These attacks took place within the 3 nautical miles allowed for fishermen to sail and fish in. PCHR also noticed that these firing incidents against fishermen and their boats took place in the context of seeking their livelihood, and the imposition of more restrictions to terrify and prevent the fishermen from practicing their work freely.
The report pointed out that Israeli gunboats fired on August 28 Palestinian fishing boats in front of the coast of northern Gaza Strip, causing damage to Palestinian boat, an issue that pushed the fishermen to go back to the shore.
Despite the fact that the fishermen were trying to steer their boats back to the shore, the Navy boats continued to target them.
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- Israeli Navy Chases Fishing Boats, Tries To Sink Them (alethonews.wordpress.com)
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Soldiers Physically Attack Palestinian Youth In Hebron
By Saed Bannoura | IMEMC & Agencies | September 04, 2012
Israeli soldiers physically attacked, on Monday at night, a Palestinian nonviolent activist after stopping his vehicle, in Hebron city, in the southern part of the West Bank. The soldiers forced him out of his car and brutally attacked and kicked him.
Tamer al-Atrash, media spokesperson of the Youth Coalition Against Settlements, stated that several soldiers stopped his car and forced him out of it before they started shouting at him, in addition to kicking and punching him.
Al-Atrash said that he recognized the soldiers who attacked him as he previously filmed them while they were assaulting a number of residents in the Tal Romedia neighborhood in Hebron.
“This is an act of revenge; it seems they think they are settling a score”, Al-Atrash stated. “We always expose their violations and abuse practiced against the civilians on a daily basis in Tel Romeida”.
Israeli settlers illegally reside in the neighborhood in privately-owned Palestinian property, in Tal Romeida and in several parts of the city.
Settlers who reside in the heart of the occupied city of Hebron are responsible for dozens of attacks against the residents and their property.
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Torture with Impunity
By Zachary Katznelson, ACLU National Security Project | August 31, 2012
Yesterday, a dark chapter in American history got that much more disgraceful. Attorney General Holder announced the closure of the last two open criminal inquiries into abusive interrogations by CIA officials. The pronouncement means that not a single CIA official will be prosecuted in federal courts for any of the abuse, torture or even death that took place at the hands of CIA officers and contractors.
Since 9/11, dozens of terrorism suspects have been held incommunicado by the CIA in secret prisons around the world and subjected to repeated brutality in the name of extracting information. The White House and its lead legal advice team, the Justice Department’s Office of Legal Counsel (OLC), approved the use of these previously illegal tactics based on profoundly flawed legal reasoning and a complete lack of interrogation or law enforcement experience.
CIA interrogators were told that they could waterboard suspects, even though the Reagan administration and its predecessors prosecuted Americans and others for using the tactic. Interrogators were told they could use, among other tactics, extended sleep deprivation; “stress positions” such as forced-standing, handcuffing in painful crouched positions and shackling people to the ceiling, usually for hours or even days; confining prisoners to small, coffin-like boxes with air and light cut off; extended forced nudity; sensory bombardment; extreme temperatures; hooding; and physical beatings, including slamming prisoners into walls. Each and every one of these techniques had been declared torture at some point by US courts, Israeli courts, European Courts, the UN Committee on Torture or other foreign courts. But the OLC’s approval of the techniques meant the Obama Justice Department refused to investigate their use. Instead, in 2009, Attorney General Holder ordered a preliminary review of 101 cases where the CIA allegedly went even beyond the approved torture techniques. In June 2011, the Justice Department closed 99 of those cases and opened full investigations into the remaining 2, both of which involved prisoners who died while in US custody. Now, those last two investigations have also ended.
It is simply unacceptable that torture can be treated with impunity, no matter the goal of the torturers. Doing so gravely undermines the prohibition against torture worldwide and sends the dangerous message to US and foreign officials that there will be no consequences for future abuses.
So, the ACLU is taking the long view of this struggle. Despite the Justice Department’s refusal to enforce the law, we will continue to press for true accountability – both in the United States and overseas – for the designers, facilitators, overseers and perpetrators of torture and abuse. We will continue to work for the day when officials hear a resoundingly different message than the one delivered by Attorney General Holder: torture and abuse are never legitimate, but if you do make the egregious error of crossing that line, fear the law, for you will be held be to account.
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Live ammunition in Nabi Saleh
By Paddy Clark | International Solidarity Movement | 31 August 2012
West bank – Three Palestinians were injured and 5 arrested today during Nabi Saleh’s weekly demonstration. Israeli military set up road blocks surrounding the village early this morning in order to prevent people and journalists from participating.
At 4:30 p.m., Malek Tamini was shot with a live bullet which went through his hand and the side of his body. He has undergone surgery for his injuries. One Palestinian suffered an open wound after being shot with a tear gas canister during protests. Soldiers were firing tears gas canisters directly in to the crowd with the intent of causing serious injury and then prevented the ambulance from entering the village for one hour . One local resident received stitches in Ramallah hospital after suffering a head wound from a rubber-coated steel bullet.
Five Palestinians protestors including Mohammad Khatib and Bilal Tamimi of the popular committees, a student journalist, and two young women activists were arrested in the morning while walking towards the village spring which was annexed by the nearby illegal Israeli settlement, Halamish. All have since been released.
Nabi Saleh is a small village of approximately 550 people, twenty kilometres north west of Ramallah in the West Bank of the Occupied Palestinian Territories.
The Israeli colony of Halamish (also known as Neveh Tzuf ) was established on lands belonging to the villages of An Nabi Saleh and Deir Nidham in 1976. In response to the illegal colony being established on their land, the residents of An Nabi Saleh and Deir Nidham began holding demonstrations in opposition to the theft of their land and the establishment of the colony (whose establishment violates international law). The residents of An Nabi Saleh and Deir Nidham lodged a court case against the colony in Israel’s high court, but were unable to stop the construction the illegal settlement.
Since its establishment in 1977, Halamish colony has continued to expand and steal more Palestinian land. In 2008, the residents of An Nabi Saleh challenged the building of a fence by the colony on private Palestinian land, which prevented Palestinians from accessing their land. The Israeli courts ruled that the fence was to be dismantled. Despite the Israeli court ruling, the colony continued to illegally annex more Palestinian land. In the summer of 2008, Israeli settlers from Halamish seized control of a number of springs, all of which were located on private Palestinian land belonging to residents of An Nabi Saleh.
In December 2009, the village began weekly non-violent demonstrations in opposition to the illegal Israeli colony of Halamish annexing the fresh water springs and stealing more of the village’s land. Since An Nabi Saleh began its demonstrations, the Israeli military has brutally sought to repress the non-violent protests, arresting more than 13% of the village, including children. In total, as of 31 March 2011, 64 village residents have been arrested. All but 3 were tried for participating in the non-violent demonstrations. Of those imprisoned, 29 have been minors under the age of 18 years and 4 have been women.
For more information see Nabi Saleh Solidarity.
Paddy Clark is a volunteer with Jordan Valley solidarity.
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26 attacks by Jewish settlers documented in August
Palestine Information Center – 01/09/2012
RAMALLAH — Different human rights organizations were able to document last August 26 attacks by extremist Jewish settlers against Palestinians and their property in the West Bank and noted that there were other attacks not documented for many reasons, according to Haaretz newspaper.
These attacks were reported by B’Tselem, OCHA, Coexistence, and There is Law, organizations active in the occupied Palestinian lands.
The newspaper explained that in four different arson attacks, 19 Palestinians sustained injuries and the most dangerous one happened when Jewish settlers threw a Molotov cocktail at a Palestinian car boarded by six passengers from Nahalin village from the same family. All six Palestinians were admitted to the hospital, two of them were in serious condition and the others suffered moderate burn injuries.
The newspaper also mentioned other incidents in which Palestinians sustained injuries during attacks by settlers. Different arson attacks were reportedly carried out by Jewish extremists on Palestinian homes and cars in different West Bank areas.
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South African miners charged with murder of 34 colleagues killed by police
RT | August 30, 2012
South African workers arrested after a shooting at a platinum mine have been charged with killing 34 of their colleagues, despite confirmation that police committed the murders. The officers, who did not deny using guns, face no charges.
The Lonmin platinum mine in Marikana, in the country’s North West province, made headlines on August 16, when protesters, who demanded their wages be raised to over $1,000 a month, clashed with police. The crackdown claimed the lives of 36 people – miners and two policemen, and left 78 injured.
All of the 270 arrested miners, including the six hospitalized, were previously said to be charged with attempted murder or public violence. But state prosecutor Nigel Carpenter increased the charges against them.
The miners are to be tried under the “common purpose” doctrine, which implies that all participants in a criminal activity can be charged for its consequences.
“This is under common law, where people are charged with common purpose in a situation where there are suspects with guns or any weapons and they confront or attack the police and a shooting takes place, and there are fatalities,”Frank Lesenyego, spokesman for South Africa’s National Prosecuting Authority, said.
The lawyers representing the Marikana strikers are expected to challenge the charges. A prior application for bail was rejected, and the hearing was delayed till September 6. Until then, the miners will remain in custody in three area police stations.
At the same time, the policemen involved in the deadly clashes at the Marikana mine will undergo a Commission of Inquiry investigation separately.
That is despite police commissioner Riah Phiyega’s confirmation a few days after the tragedy that the 34 people were killed by police. However, police officers insist that they opened fire to defend themselves against a wave of strikers armed with machetes, who allegedly charged barricades. Prior to gunshots, the police used tear gas and water cannons.
However, leaked findings of victims’ autopsies were published by the South African Star newspaper, and showed that the miners were shot in the back while running away.
The post-mortem results suggested that the strikers posed no danger to law enforcement at the time of the shooting.
An official spokesman refused to confirm or deny the accusations on what’s already being dubbed the Marikana Massacre – the most violent episode in South Africa’s history since the 1994 end of apartheid.
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Judge Rules Against Colorado Supermax That Keeps Prisoners Indoors for Years
By Jean Casella and James Ridgeway | Solitary Watch | August 30, 2012
We’ve written at length about the case of Troy Anderson, a prisoner with mental illness who has spent more than ten years in solitary confinement at the Colorado State Penitentiary. This past April, a Federal District Court in Denver heard a case brought on Anderson behalf by students at the University of Denver Law School’s Civil Rights Clinic. As we wrote, “it was his untreated mental illness that first landed him at CSP, Anderson contends, and now the same symptoms are keeping him there indefinitely. Without proper treatment, he is unable to convince corrections officials that he’s fit for the general prison population. This catch-22, his lawyers say, condemns him to an effective life sentence under conditions that are increasingly being denounced as a form of torture—particularly when applied to mentally ill prisoners.” The suit claimed that Anderson’s treatment violated the Americans with Disabilities Act, as well as the Constitution’s ban on cruel and unusual punishment and its guarantee of due process. Among other things, his lawyers pointed out that it has been more than a decade since Anderson had “felt the sun on his back.”
Westword‘s Alan Prendergast, who has also followed the case closely, reported earlier this week on the judge’s ruling in the case:
In what amounts to a landmark decision, a federal judge has ruled that the conditions of solitary confinement at the Colorado State Penitentiary constitute “a paradigm of inhumane treatment” and must change — notably, so that inmates locked down in their cells 23 hours a day can have at least three hours a week of natural light, fresh air and outdoor exercise. “The Eighth Amendment does not mandate comfortable prisons, but it does forbid inhumane conditions,” U.S. District Judge Brooke Jackson wrote in an order issued last Friday.
CSP has an interior courtyard that could be modified to permit outdoor exercise for inmates, Jackson notes. But since it opened in 1993, the state supermax has permitted its high-security inmates only to exercise in an odd-shaped room on each tier equipped with a chin-up bar; small holes allow some fresh air from outside to reach the room. Calling CSP “out of step with the rest of the nation” — even the notorious federal supermax in Florence allows its inmates outdoor recreation in individual cages — Jackson declared that prison officials must provide its charges with “meaningful exposure” to natural light and air.
Jackson’s ruling came in the case of Troy Anderson, 42, a mentally ill inmate serving an 83-year sentence stemming from two shootouts with police. He’s one of ten inmates who have been at CSP for ten years or more with hardly any exposure to the outdoors (except during transport to court) during that time. His lawsuit, filed with the aid of student lawyers from the University of Denver’s Sturm College of Law, challenged several aspects of life at CSP, from mental health treatment to the policies that have kept him from progressing to a less restrictive prison, as unconstitutional…
On other issues, the judge ordered a fresh look at Anderson’s medication issues and mental health treatment. He adopted a wait-and-see attitude toward new policies that are supposed to address other inmate concerns about how inmates receive bad behavior reports, known as “negative chrons,” that can prolong their stay in solitary confinement without a clear appeal process.
At Anderson’s trial, other inmates testified about suicidal thoughts brought on by the severe isolation and being deprived of any exposure to the outdoors. “I go to bed crying sometimes because I feel I have no hope of being outside of that cell any more,” one said.
A copy of the judge’s order can be found here: Troy Anderson v. Colorado DOC
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A Pattern of Abuse Against American Citizens
IMEU | June 28, 2011
In coming days, ten ships will take part in a flotilla attempting to break the Israeli blockade of the Gaza Strip. Among the ships will be the U.S.-flagged “Audacity of Hope,” carrying 36 U.S. citizens. Last year, the Israeli navy attacked a previous humanitarian flotilla in international waters, killing nine passengers, including one American.
Passengers on the “Audacity of Hope” have contacted the State Department, the White House, and members of Congress to notify them of the flotilla. They have urged the government to work to ensure the safety and free passage of the ships and to warn Israel against attacking unarmed civilian vessels with U.S. citizens on board who are exercising their legal rights. Instead, the State Department – whose mission in part is to protect and assist U.S. citizens traveling abroad – has issued numerous statements labeling the flotilla as an “irresponsible and provocative” action that risk[s] the safety of their passengers” and “creat[es] a situation in which the Israelis have the right to defend themselves”. The administration has also alluded to prosecuting the passengers, who will be delivering thousands of letters of solidarity and friendship to the people of Gaza, for providing material support to a designated terrorist organization. [3]
Though Israeli state violence against foreign nationals is often portrayed as an aberration, over the past 8 years alone, Israel has killed and/or severely injured a number of American citizens. Below are 10 such examples:
 Furkan Dogan Troy, NY |
~
19 year-old American Furkan Dogan was on the Mavi Marmara, a 600-passenger ship sailing as part of a flotilla headed to the Gaza Strip with humanitarian aid. In the early hours of May 31st, 2010, Israeli commandos dropped onto the ship in international waters and attempted to commandeer it, leading to a struggle for control of the ship. Among others, Dogan was shot at close range with 4 bullets to the head and 1 to the chest.
~
 Emily Henochowicz New York, NY |
 (After attack) |
~
On May 31st, 2010 21-year old Emily Henochowicz was hit in the face with a tear gas projectile fired directly at her by an Israeli soldier during a demonstration at the Qalandiya checkpoint. Henochowicz was taking part in a demonstration against the widely-condemned Israeli attack on a humanitarian aid flotilla. As a result of the attack, Emily lost her left eye.
~
 Tristan Anderson Oakland, CA |
 (After attack) |
~
On March 13th, 2009 in the Palestinian village of Ni’lin, American peace activist Tristan Anderson was critically injured after Israeli forces shot him in the head with a tear-gas canister. Anderson, 37 years old and from California, was taken to Israeli hospital Tel Hashomer, near Tel Aviv.
He was unconscious and bleeding heavily from the nose and mouth. He sustained a large hole in the right part of his forehead where he was struck by a tear gas canister. After 15 months in Tel Hashomer, some of that time in a coma, and at least one surgery, Tristan recently returned to his home in Northern California, still quasi-paralyzed.
 Brian Avery Albuquerque, NM |
 (After attack) |
~
On April 5, 2003, Israeli troops shot peace activist Brian Avery in Jenin. Avery, a 24-year-old American citizen from Albuquerque, New Mexico, experienced serious wounds to his face after Israeli troops shot at him with heavy machine gun fire from an armored personnel carrier (APC).
There were no reports of clashes on the street where the shooting took place and Avery was clearly marked as an observer. Avery’s cheek was torn and his eye socket and jaw bones were smashed, leading to at least 6 rounds of surgery. In a rare occurrence in November 2008, the Israeli government paid Avery $150,000 to settle a lawsuit he filed against them.
Rachel Corrie
Olympia, WA |
~
On March 16th, 2003 in Rafah, occupied Gaza, 23-year-old American peace activist Rachel Corrie from Olympia, Washington, was murdered by an Israeli bulldozer driver. Rachel was in Gaza opposing the bulldozing of a Palestinian home as a volunteer with the International Solidarity Movement.
According to a Palestine Monitor report of the incident, “Other foreigners who were with her said the driver of the bulldozer was aware that Rachel was there, and continued to destroy the house. Initially he dropped sand and other heavy debris on her, then the bulldozer pushed her to the ground where it proceeded to drive over her, fracturing both of her arms, legs and skull.”
~
Zaid Khalil
New York, NY
In April of 2002, while participating in a peaceful march along with other internationals in the West Bank city of Bethlehem, New York City resident Zaid Khalil was struck in the leg as Israeli soldiers opened fire.
 Lucas Koerner |
During Arrest
|
~
On June 1, 2011, 19-year-old Tufts University student Lucas Koerner was assaulted and arrested by Israeli police while he peacefully protested the annual Jerusalem Day march, an official Israeli holiday when Israelis parade through occupied East Jerusalem to celebrate its 1967 occupation by Israel. Police grabbed, punched, choked and then threw Koerner to the ground. After being arrested he was taken to the emergency room to be treated for the wounds inflicted by police.
~
 Munib Masri |
~
A 22-year-old Geology student at the American University of Beirut, Munib Masri was shot in the back with live ammunition by Israeli forces along the Lebanon border on May 15, 2011. Participating in a march to mark the 63rd anniversary of the Nakba – the expulsion of Palestinians from their homes during the establishment of Israel – Masri was leaving the demonstration when he was shot. Treated in a Beirut hospital, the bullet destroyed Masri’s left kidney, his spleen and broke apart in his spine. During the demonstration, eleven people were killed by Israeli forces and more than 100 wounded.
 Christopher Whitman |
 Whitman’s injury |
~
On May 13, 2011, 25-year-old Christopher Whitman, a Master’s student of Islamic and Middle Eastern Studies at Hebrew University, was shot in the head at close range with a high-velocity tear gas canister by Israeli Border Police. He was in the West Bank village of Nabi Saleh, near Ramallah, at the weekly nonviolent demonstration against the construction of Israel’s separation wall in the village. That week’s demonstration also commemorated the 63rd anniversary of the Nakba – the expulsion of Palestinians from their homes during the establishment of Israel. Whitman was treated at Ramallah Hospital.
 Sandra Quintano After assault |
~
On May 1, 2011, Sandra Quintano, 60, was assaulted by Israeli soldiers in the West Bank village of Izbet al-Tabib in the Qalqilya district during a peaceful demonstration against the construction of a fence which would cut off villagers’ access to their land. She suffered a gash to the top of her head and both her wrists were broken, one severely. She was treated in an Israeli hospital and continues to undergo physical therapy in the U.S.
~
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International Solidarity Movement’s response to the Rachel Corrie verdict
ISM | August 28, 2012
The International Solidarity Movement (ISM) is deeply concerned by the verdict of Judge Oded Gershon that absolved Israel’s military and state of the 2003 murder of American ISM activist Rachel Corrie. Rachel was crushed to death by an Israeli army bulldozer while protesting the demolition of a Palestinian home in the Gaza Strip.
Despite the American administration stating that the Israeli military investigation had not been “thorough, credible and transparent” and the Israeli government withholding key video and audio evidence, Judge Gershon found no fault in the investigation or in the conclusion that the military and state were not responsible for Rachel’s death. Judge Gershon ruled that Rachel was to blame for her own murder and classifies her non-violent attempt to prevent war crimes as proof that Rachel was not a “thinking person”.
By disregarding international law and granting Israeli war criminals impunity Judge Gershon’s verdict exemplifies the fact that Israel’s legal system cannot be trusted to administer justice according to international standards. The ISM calls on the international community to hold Israel accountable by supporting the Palestinian call for boycott, divestment and sanctions (BDS) and continuing to join the Palestinian struggle in the occupied Palestinian territories.
Describing the situation in Gaza 2 days before she was killed, Rachel said, “I’m witnessing the systematic destruction of a people’s ability to survive. It’s horrifying.” Rachel’s analysis holds true today, confirmed by the United Nations a day before this ruling, which reported that Gaza would not be “liveable” by 2020 barring urgent action.
The verdict is a green light for Israeli soldiers to use lethal force against human rights defenders and puts Palestinian and International human rights defenders in mortal danger.
This will not deter us. As long as our Palestinian sisters and brothers want our presence, the ISM will continue to find ways to break Israel’s siege, and stand in solidarity with the Palestinian people. As Rachel’s mother Cindy put it, “There were children behind the walls of the home Rachel was trying to protect… We should have all been there”.
Judge Gershon’s verdict is a travesty of justice but it is not exceptional. As a rule the Israeli legal system provides Israeli soldiers impunity to commit murder. The only Israeli soldier convicted of manslaughter since the outbreak of the second Intifada in 2000 was Taysir Hayb, a Bedouin citizen of Israel for shooting British ISM volunteer Tom Hurndall in the back of the head with a sniper rifle as Tom was carrying a child to safety. At least 6,444 Palestinians have been killed by the Israeli occupation forces in this period, with no justice for them or their families.
For more information Contact: Aide Mormech 059228094 or Huwaida Arraf 0598336215
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Israel’s recurring use of terror on civilians
By Bob Finch | January 26, 2009
Insanely disproportionate use of violence against unarmed civilians… continue
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