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Student Photographer’s Arrest: Snapshot of Systemic Police Abuse

By Linn Washington Jr. | This Can’t Be Happening | March 29, 2012

I don’t know Temple University photojournalism major Ian Van Kuyk, despite his enrollment in Temple’s Journalism Department, where I teach.

I do know that dynamics embedded in the recent arrest of Van Kuyk by Philadelphia police–an arrest now generating news coverage nationwide–provide yet another snapshot of the systemic abuses I’ve reported and researched during three decades spent documenting the lawlessness endemic among law enforcers.

Philadelphia police roughed-up and arrested Van Kuyk for his photographing a police traffic stop taking place in front of his apartment. The arrest of Van Kuyk violated Philadelphia Police Department directives permitting such photographing as well as court rulings and constitutional rights.

Police harassing citizens lawfully documenting police activities taking place in public is a “widespread and continuing” problem according to the ACLU.

“The right of citizens to record the police is a critical check and balance,” an ACLU analyst noted during a September 2011 speech where he referenced six incidents in five cities of police arresting citizen photographers during just the spring of last year.

Yes, police attacking civilians for lawfully photographing public spaces, police routinely employing unlawful excessive force and prosecutors too frequently turning a blind eye to such police misconduct are all nationwide problems.

Systemic abuses by police and the prosecutors that condone such misconduct corrode public confidence in the justice system and cost taxpayers millions of dollars spent on settling lawsuits alleging illegalities by police.

Historically, abuses by police and particularly those by prosecutors receive short-shrift from most elected officials.

Just a few days before the alleged March 14, 2012 abuse of Van Kuyk, an artist filed a federal lawsuit against a Philadelphia policeman for roughing her up when arresting her less than two miles from the Van Kuyk incident. When arrested that artist was lawfully creating an outdoor artwork.

In January 2012, the City of Philadelphia settled another lawsuit filed against the same artist-arresting policeman, with the City agreeing to pay a woman $30,000. She alleged that the officer had “violently manhandled” her – breaking her nose and spraining her wrist during a sidewalk encounter.

Abundant evidence now implicates a police-prosecutor abuse angle in the Florida fatal shooting of teen Trayvon Martin by 28-year-old George Zimmerman.

The evidence is clear that Sanford, FL police officials acted in incomprehensible variance with established procedures in their handling of that fatal incident, seemingly proceeding in ways calculated to support Zimmerman’s self-defense claim.

And evidence indicates those police officials plus prosecutors rejected a Sanford Police detective’s request to arrest Zimmerman for manslaughter – a management decision that appears to demonstrate less concern for victim Martin than for shooter Zimmerman, whom the evidence shows ignored police orders to not confront Martin, only to have him then claim he shot Martin in self-defense.

The incident producing the arrest of Van Kuyk and outrage from the general counsel of the National Press Photographers Association (NPPA) about gross violations of this young photojournalist’s First Amendment rights occurred in a section of South Philadelphia.

Of course there are two sides: in this case the account advanced by arresting officers and accounts from Van Kuyk, his girlfriend (also arrested that night) and a few of their neighbors who witnessed the events.

The only points of agreement between the two versions are that police were questioning one of Van Kuyk’s neighbors outside the South Philadelphia apartment where Van Kuyk lived, and that the budding photojournalist began photographing that encounter.

Philadelphia police are now re-investigating the incident in the wake of criticism and critical news coverage.

According to Van Kuyk, Philly police, after demanding that he stop photographing them, and after their dismissing his First Amendment protests, snatched Van Kuyk up, slammed him to the ground, swept him off to a police station for a nearly 24-hour detention, and eventually slapped him with a slew of charges, including disorderly conduct, resisting arrest and obstruction of justice.

How was Van Kuyk ‘obstructing justice’ if, as an NPPA letter to Philadelphia police contends, Van Kuyk “never came closer than ten feet” to the police? That letter notes that Van Kuyk “voluntarily backed up” when ordered by police before a policeman “approached [him] in an aggressive manner demanding that he stop taking pictures.”

Police also arrested Van Kuyk’s girlfriend, detaining her for 19-hours, also slamming her with trumped-up charges. Her arrest arose from her trying to retrieve Van Kuyk’s school-issued camera.

At the core of this incident we see some Philadelphia police failing to follow clearly stated department policy. A Philadelphia Police Department directive issued in September 2011 bars officers from arresting people for “photographing, videotaping or audibly recording police personnel [conducting] official business… in any public space.”

The “Purpose” listed on that policy, Memorandum (11-01), was to “remove any confusion as to duties and responsibilities” when police find themselves subjected to recording devices.

That National Press Photographers Association letter to Philadelphia’s Police Commissioner, raising the First Amendment, stated “It is truly abhorrent that not only did your officers abrogate that right [they] chose to add insult to injury by overcharging Mr. Van Kuyk with offenses he did not commit.”

Given that red-line PPD policy directive, police supervisors and prosecutors should have immediately pulled the plug on the charges against Van Kuyk and his girlfriend, but they didn’t.

Prosecutors pressed the flawed-arrest-related charges against Van Kuyk’s girlfriend, extracting their pound of flesh by forcing her into a program requiring 12-hours of community service and paying a $200 fine in exchange for their dismissing those flawed charges.

Van Kuyk is awaiting his preliminary hearing and possible trial.

The prosecution of Van Kuyk’s girlfriend and his pending charges are a stain on both the ethical duty of prosecutors to seek justice and Professional Conduct rules for prosecutors restricting prosecutions “not supported by probable cause.”

Someone somewhere in Philly’s prosecutor’s office should have questioned the questionable if not totally bogus charges arising from arrests prompted by police violating their department policy.

Philadelphia police spokesmen proclaim that the arresting officers knew about that directive protecting First Amendment activity, but contend that “other things happened… that caused the officers to make an arrest,” according to widely reported media accounts.

The Philadelphia Police Department’s record of abusive misconduct, however, casts a dark shadow on the department’s contention that “other things happened,” as do eyewitness accounts.

This incident involving Van Kuyk is hauntingly similar to an August 1972 incident that occurred just ten blocks from Van Kuyk’s apartment. In that 1972 incident, a minister questioning police for pummeling a man outside his house triggered a home-invasion, with police ransacking the minister’s home and arresting him, his wife, his daughter and a house guest from Germany.

As with the Van Kuyk case, the assaulting police hit Rev. Joseph Kirkland, his family and house guest with a slew of charges, including disorderly conduct and interfering with a police officer.

Philly prosecutors pressed those charges, which police had concocted to cover-up their criminal assault on Kirkland’s house, but a judge quickly dismissed them.

Philly’s then top prosecutor, Arlen Specter, later a US Senator and top Senate Judicial Committee member, rejected widespread demands to prosecute those offending police officers for their criminal conduct against Rev. Kirkland and his family.

Specter recently released a book criticizing the dysfunction in contemporary partisan politics – an ironic argument coming from someone who once shirked his ethical and professional duties by ignoring outrageous misconduct and abusive behavior by police and prosecutors.

Months after that August 1972 incident, a federal judge in Philadelphia issued a ruling in a class-action police brutality lawsuit in which he criticized arrests without probable cause.

That judge noted that those most likely to be targeted for police abuse are individuals who had the audacity (but legal right) to challenge their initial police contact.

I guess certain abusive practices are just embedded in Philadelphia Police Department culture.

So are a 1972 incident and 1973 court ruling ancient history?

Well, that ’72 incident and ’73 court ruling implicated issues animating the Van Kuyk incident.

Meanwhile, a Maryland man in 2010 avoided a possible 16-year prison term for posting a video on YouTube showing a plainclothes state trooper brandishing a pistol when he stops that man for an alleged speeding violation.

A Maryland judge dismissed the criminal charges filed against that motorcyclist wearing a helmet cam in a ruling reminding police and prosecutors that public officials are “ultimately accountable to the public” and public servants should not expect their action to be “shielded from public observation.”

Philadelphia prosecutors need to drop the charges against Van Kuyk and reverse the proceeding against his girlfriend.

Further, authorities nationwide need to crack down on misconduct by police and prosecutors.

See also:

March 30, 2012 Posted by | Civil Liberties, Deception, Subjugation - Torture, Timeless or most popular | , , , , , , | Leave a comment

India: Concern expressed about extrajudicial executions

UN Office of the High Commissioner for Human Rights | March 30, 2012

NEW DELHI –– The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, called on the Government of India to continue to take measures to fight impunity in cases of extrajudicial executions, and communal and traditional killings.

The Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, concluded today his official visit to India, which took place from 19 to 30 March 2012.

Mr. Heyns praised the openness and willingness of the Government of India to engage, shown also by the fact that it was willing to host a mission dealing with the right to life, an area in which issues to be tackled are often complex in various countries.

“This, together with the generally high level of commitment by the Indian Government to human rights and the fact that there have recently been improvements in some respects in the loss of life, could provide a window of opportunity to take decisive steps to ensure the greater realization of the right to life,” stated Christof Heyns.

While recognizing the size, complexity, security concerns and diversity of India, the Special Rapporteur remains concerned that the challenges with respect to the protection of the right to life in this country are still considerable. “Evidence gathered confirmed the use of so-called ‘fake encounters’ in certain parts of the country. Where this happens, a scene of a shoot-out is created, in which people who have been targeted are projected as the aggressors who shot at the police and were then killed in self-defence. Moreover, in the North Eastern States, and Jammu and Kashmir the armed forces have wide powers to employ lethal force.”

The above is exacerbated by the high level of impunity that the police and armed forces enjoy, due to the requirement that any prosecutions require sanction from the central government – something that is rarely granted. “The main difficulty in my view has been these high levels of impunity”, stressed the Special Rapporteur.

Other areas of concern relate to the prevalence of communal violence, and, in some areas, the killing of so-called witches, as well as dowry and so-called “honour” killings, and the plight of dalits (‘untouchables’) and adivasis (‘tribal people’).

Christof Heyns proposed a number of provisional steps to be taken to address these concerns. In the first place, he called for the establishment of a Commission of Inquiry, consisting of respected lawyers and other community leaders, to further investigate all aspects of extrajudicial executions. This should entail a form of transitional justice.

“Institutions such as the National Human Rights Commission should establish to what extent the guidelines they provide on matters such as the use of lethal force by the police are in fact observed, as opposed to providing empty promises in practice,” underscored the Special Rapporteur, recommending the immediate repeal of the laws providing for the immunity from prosecution of the police and the armed forces, and in particular the repeal of the Armed Forces (Special Powers) Act of 1958.

“India should ratify a number of international treaties, including the Convention Against Torture and the International Convention for the Protection of All persons from Enforced Disappearance,” he said. “India should also host missions by other United Nations independent experts, in particular those related to torture, enforced disappearances and counter-terrorism measures.”

The 12-day official mission by the Special Rapporteur was the first visit to India by an independent expert since that country extended an open invitation to UN Special Procedures in 2011, and the first mission to India by an expert mandated by the UN Human Rights Council to monitor and report on extrajudicial, summary or arbitrary executions.

The UN Special Rapporteur’s final conclusions and recommendations will be submitted as a comprehensive report to the Human Rights Council at a future session in 2013.

March 30, 2012 Posted by | Civil Liberties, Subjugation - Torture | , , , , , | Leave a comment

Rallies Worldwide to Mark the 9th Anniversary of the Disappearance of Aafia Siddiqui

Please also note that events scheduled for Saturday include a rally in New York at 12 noon, and a rally in Toronto (sisters only) at 6 pm. On Friday (March 30), there is also a rally in Fort Worth, Texas at 3.30 pm.

By Andy Worthington – 29.3.12

On Saturday, outside the US Embassy in Grosvenor Square, London, I will be speaking at an event marking the ninth anniversary of the disappearance in Pakistan of Dr. Aafia Siddiqui, who vanished for five years and five months, and then mysteriously reappeared in Afghanistan in August 2008, where she was arrested, and then allegedly tried to shoot at the US soldiers who were holding her.

She was subsequently flown to New York, where, in September 2010, after a trial at which she did not appear to be well, although her mental health was not considered to be an issue worthy of scrutiny, she was sentenced to 86 years in prison, which she is serving in a notorious psychiatric prison, FMC Carswell, in Texas. 

The rally outside the US Embassy, organized by the Justice for Aafia Coalition, takes place from 3 pm to 6 pm, and the speakers, and the timing of speeches, are as follows:

1500: Introduction
1510: Sultan Sabri (Croydon Muslim Association)
1520: Raza Karim
1530: Andy Worthington (journalist, author of The Guantánamo Files)
1540: Asif Hussain
1550: Raza Nadim (MPACUK – Muslim Public Affairs Committee)
1600: Sheikh Suliman Ghani (Imam, Tooting Islamic Centre)
1610: Anas Altikriti (Cordoba Foundation)
1620: Ken O’Keefe (anti-war activist)
1630: Statement of Support from the Haldane Society of Socialist Lawyers
1635: Joy Hurcombe (Save Shaker Aamer Campaign) reads out Statement of Support from Walter Wolfgang
1645: Omar Deghayes (former Guantánamo prisoner)
1655: Adnan Rashid (Hittin Institute)
1705: Sultana Parvin
1715: Uthman Lateef (Hittin Institute)
1725: Conclusion

I hope to see some of you down there, as the case of Aafia Siddiqui, which I have been following for many years, remains deeply troubling. My previous articles can be found here, and below is a re-cap of her story, drawn largely from an account of the website of the Justice for Aafia Coalition.

Please also note that other events scheduled for Saturday include a rally in New York at 12 noon, and a rally in Toronto (sisters only) at 6 pm. On Friday (March 30), there is also a rally in Sandton, South Africa at 2 pm, and another in Fort Worth, Texas at 3.30 pm.

The story of Aafia Siddiqui

Nine years ago, on March 30, 2003, Aafia Siddiqui, a Pakistani citizen, and a cognitive neuroscientist, disappeared in Karachi along with her three children, the youngest of whom, Suleman, was just a baby. For the next five years their whereabouts were unknown, and have never been publicly acknowledged by either the Pakistani or the US government, even though it seems clear that she was held in secret detention, where she was severely abused. Former Bagram prisoners have stated that a female prisoner was held in the prison, identified by the number “650,” and have said that they heard her horrific screams.

Following demands for her recovery by human rights organisations and the Pakistani public, Aafia resurfaced in Afghanistan in August 2008, framed with the attempted murder of US personnel. Transferred to the US, she was convicted in a shocking miscarriage of justice and was sentenced in September 2010 to 86 years in prison. She is currently held in isolation at FMC Carswell, Texas, a facility notoriously referred to as the “hospital of horrors.” She is denied any meaningful contact with her family and is unlikely to see her children again.

Whilst the two elder children were released in 2008 and 2010 respectively, the whereabouts of her youngest child, Suleman — only six months old at the time of the abduction — remain unknown, although it is believed that he may have been killed art the time of her initial capture. Most recently, disturbing reports have emerged that her health is deteriorating and there are serious concerns that she may have cancer.

To request Aafia Siddiqui’s repatriation to Pakistan, please contact the following officials in the US and Pakistani governments:

Eric Holder: Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington, DC 20530-0001, Tel: +1 202 353 1555, Email: AskDoJ@usdoj.gov

Hilary Clinton: Secretary of State, U.S. Department of State, 2201 C Street, N.W. Washington DC 20520, Tel: +1 202 647 4000, Fax: +1 202 261 8577, Email: questions@friendsofhillary.com

Mr. Asif Ali Zardari: President of Pakistan, President’s Secretariat, Islamabad, PAKISTAN, Tel 92 51 920 4801/921 4171, Fax 92 51 920 7458, Email: publicmail@president.gov.pk

Mr. Syed Yousaf Raza Gilani: Prime Minister of Pakistan, Prime Minister House, Islamabad, PAKISTAN, Fax: + 92 51 922 1596, Email: secretary@cabinet.gov.pk

Mr. Rehman Malik: Minister of Interior, Room No. 404, 4th Floor, R Block, Pak Secretariat, Islamabad, PAKISTAN, Tel: +92 51 921 2026, Fax: +92 51 920 2624, E-mail: minister@interior.gov.pk, ministry.interior@gmail.com, interior.complaintcell@gmail.com

Makhdoom Shah Mahmood Qureshi: Foreign Minister, Ministry of Foreign Affairs Islamabad, Pakistan, Tel: +92 51 921 0335, Fax: +92 51 920 7600, Email: smhq148@hotmail.com

You can also write to Aafia:

Aafia Siddiqui # 90279-054
FMC Carswell
Federal Medical Center
P.O. Box 27137
Fort Worth, TX 76127
U.S.A.

And to send a message of support to her family, email: support@justiceforaafia.org

March 30, 2012 Posted by | Civil Liberties, False Flag Terrorism, Full Spectrum Dominance, Solidarity and Activism, Subjugation - Torture | , , | Leave a comment

Palestinian lawmaker wounded in Land Day protest


Palestinian lawmaker Mustafa Barghouti
Press TV –  March 30, 2012

Palestinian lawmaker Mustafa Barghouti has been injured by Israeli forces attacking peaceful demonstrations marking international Land Day, Press TV reports.

Barghouti was wounded on Friday in the city of al-Quds (Jerusalem) where he attended a Land Day rally.

Israeli forces opened fire on peaceful pro-Palestinian rallies across the occupied Palestinian territories, with clashes underway between Israeli troops and Palestinians in the occupied West Bank city of Qalandiya.

Earlier reports said at least two protesters were injured by Israeli troops and several others were arrested.

More demonstrations were planned for after the Friday Prayers across the West Bank and Gaza Strip as well as in East al-Quds (Jerusalem) despite Tel Aviv restricting access to al-Aqsa Mosque for the weekly prayers.

Pro-Palestinian rallies have been held near border areas in Lebanon and similar demonstrations are expected in Egypt, Jordan, and Syria where activists will also march towards the Palestinian borders.

The rallies, joined by international human rights activists, are part of an international campaign named Global March on al-Quds (Jerusalem), a peaceful international movement that also condemns the Israeli occupation of the holy city.

The event marks Land Day and the Israeli military’s deadly attack on Palestinians peacefully protesting Tel Aviv’s land policies in 1967.

The demonstrations have prompted Tel Aviv to deploy thousands of police and armed forces across the occupied Palestinian territories and around border areas near Lebanon and Jordan.

March 30, 2012 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Illegal Occupation, Solidarity and Activism, Subjugation - Torture | , , | Leave a comment

Calls on EU Parliament to press Israel into releasing Palestinian MP Hajj

Palestine Information Center – 29/03/2012

GAZA — The international campaign for freeing kidnapped Palestinian MPs informed the Inter-Parliamentary Union and the European Parliament about the deterioration of the health of detained MP Ahmad Ali Hajj who has been on hunger strike for 15 days.

The campaign called, in letters to both Mr. Martin Stchaulz President of the European Parliament and Mr. Anders Johnson Secretary-General of the Inter-Parliamentary Union, to exert international parliamentary pressure on the occupation to release the MP Ali Al-Hajj, warning that his health is worsening by the day.

Hajj (74 years) is at risk of death at any moment because of his serious health condition. He has already lost 10 kg as a result of his hunger strike to protest administrative detention without charge or trial, in addition to losing 70% of his ability to hear and other ailments, the campaign added.

27 Palestinian MPs are still detained in the occupation jails in violation of the international law and their parliamentary immunity, the campaign said, pointing to the occupation’s arbitrary measures against the elected representatives, especially administrative detention for years on end. The campaign stated that the international silence toward this blatant violation of human rights gives the occupation a green light to commit more crimes towards people’s representatives.

March 29, 2012 Posted by | Civil Liberties, Subjugation - Torture | , , , , , | Leave a comment

Deal reached to free Hana Shalabi

Ma’an – 29/03/2012

BETHLEHEM — A deal to release Palestinian hunger-striker Hana Shalabi to the Gaza Strip temporarily was reached late Thursday, officials with knowledge of the negotiations told Ma’an.

The officials say Shalabi will be sent to Gaza for three years in exchange for giving up a 43-day strike against Israel’s policy of holding detainees without charge.

The Palestinian prisoners society confirmed the deal in a statement praising Shalabi’s resolve. It expressed its appreciation for her efforts to bring attention to Israel’s policies toward prisoners.

Qadoura Fares of the prisoners society said Shalabi agreed to the deal “in return for ending her strike and being freed. … We reject deportation, but this is her decision and her own life,” Fares said.

Shalabi’s lawyer, Jawwad Boulous, also confirmed the agreement.

According to a high-ranking Palestinian source, the deal was reached after Palestinian officials and Red Cross intervened to confirm that Shalabi approved.

The Palestinian Authority minister of civil affairs, Hussein al-Sheikh, said the leadership in Ramallah was not involved in the negotiations as it rejects Israel’s deportation policy.

The deal apparently followed talks between Shalabi and the Israeli government, he said.

Al-Sheikh added that Israel is responsible for the hunger-striker’s well-being and should instead release Shalabi unconditionally to her home and family in the West Bank, not to Gaza. … Full article

March 29, 2012 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , , | Leave a comment

Settlers ‘block entrance’ to Nablus village

Ma’an – March 28, 2012

NABLUS – Dozens of Israeli settlers blocked the entrance to a village near Nablus on Wednesday, officials said.

Palestinian Authority official Ghassan Doughlas told Ma’an that residents of Itamar and Elon Moreh settlements arrived at Beit Dajan in around 15 cars and closed the main gate to the village.

The settlers were protesting the reopening of the main road from Beit Dajan to Nablus a day earlier, Doughlas said.

The road had been closed by the Israeli military for 12 years, forcing villagers to take long detours to reach Nablus, the nearest city.

Doughlas said Israeli forces arrived and dispersed the settlers.

An Israeli military spokeswoman did not immediately return a call seeking comment.

March 28, 2012 Posted by | Ethnic Cleansing, Racism, Zionism, Illegal Occupation, Subjugation - Torture | , , , , , , | Leave a comment

Hebron teen ‘shot by Israeli settler’

Ma’an – 27/03/2012

HEBRON — An Israeli settler shot an 18-year-old Palestinian in Hebron’s Old City on Tuesday morning, leaving him moderately injured, locals said.

Medics at Al-Ahli Hospital in Hebron said Muhammad Hisham Abu Aker was shot in his right leg and is undergoing surgery.

On Saturday, a Palestinian man was moderately injured when armed settlers stormed Burqa village east of Ramallah and attempted to vandalize property, witnesses said. Hassan Muatan, 40, was shot in the abdomen, they said.

Settler violence is on the rise. In 2011, the UN Office for the Coordination of Humanitarian Affairs reported that settler attacks had increased by 50 percent over the previous year.

Around 800 Jewish settlers live in Hebron’s Old City, among 30,000 Palestinians in the parts of the ancient city that are under Israeli control.

March 27, 2012 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , | Leave a comment

Eight children from Beit Ummar facing suspension from their village of residence

International Solidarity Movement, West Bank | March 26, 2012

Eight children between the ages of 14 to 17 years old were arrested in Beit Ummar during night raids from 6th to 11th of March conducted by the Israeli occupation forces following a nonviolent solidarity demonstration for the hungerstriker Khader Adnan on the 21st of February.

On Tuesday 20th of March the youth went to court at the Israeli military court at Ofer and faced a sentence of being banned from Beit Ummar, where they live with their families, for a period of 6 months. The youth are being accused of throwing stones at Israeli military installations. The detainees are Ayesh Khalid Sabri Awad (17 years), Basil Khalid Hassan Abu Hashim (15 years), Zain Hisham Khalil Abu Maria (15 years) Sami Amer Ahmed Abo Joudeh (16 years), Emad Mohammed Saed Solaiby (16 years), Mohab Jawdat Adi (14 years), Bilal Mahmud Awad Ayyad (16 years), and Ahmed Ali Mahmoud Solaiby (16 years).

The announcement of the sentence aroused opposition on the part of family members of the accused, leading to removal of the family members from the court and adjournment until the 25th of March. Issa Solaiby, father of Ahmed, says his son was also beaten by 4 soldiers in the court.

Hisham Abu Maria, father of Zain, claims that the children are being pressured to agree to false accusations. He said, “They made him (Zain) say he threw rocks at the soldiers even though there were no soldiers” present at the time noted in the charges.

The village of Beit ummar has around 17,000 inhabitants and is surrounded by illegal, Zionist settlements. According to Issa Solaiby a member of the local Popular Committee, Beit Ummar used to consist of 33,000 dunams of land. The building of the separation wall by Israel and a road that is closed off to Palestinians took 13,000 dunams of the village land.

Since then an additional 3,000 dunams have been stolen by settlers living in illegal Israeli settlements. The inhabitants of Beit Ummar suffer from violence from the settlers living in the surrounding settlements. Issa Solaiby also complains that the settlers prevent the farmers from access to their own land and destroy olive trees and grape vines.

In March the settlers living in the illegal Beit Ain settlement destroyed 14 olive trees, 21 grape vine plants, and 2 citrus trees from the village in an act of incitement.

According to Issa the settlers also enter the village with soldiers and guns to make the villagers aware of their aggressive presence. One year ago 17-year-old Yousef Ikhlayl was shot and killed by Israeli settlers as he was farming with his father. His killers remain unpunished.

Many of the villagers have been arrested and gone to jail. Imprisonment is a problem especially with young people. According to Muhannad Abu Awwad 10,000 villagers have gone to jail and at present 30 inhabitants, most of them under 16, are serving time in Israeli occupation prisoners.

Muhannad himself went to jail for two years from the age 21 until 23 and is now studying law.

March 26, 2012 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , , | Leave a comment

Confined Cruelty: Israeli Treatment of Palestinian Minors

By Graham Peebles | Palestine Chronicle | March 24, 2012

For many Palestinian children their childhood is lived under a cloak of fear, and the threat of violence and abuse at the hands of an armed force that stalks the streets of their homeland.

In the eleven years since 2000, Israeli forces have killed “1,471” (1) children in the West Bank and Gaza Strip, the bulk of which are aged between 13 and 17 years old. The children of Gaza have been and continue to be at greater risk, with almost a thousand murdered in the last twelve years, on the streets of their city, on their way to and from school, whilst playing with friends, shopping for their family or simply relaxing in their homes. Most are shot randomly, indiscriminately, or killed as a result of Israeli air and ground attacks. Around 50 were taken prematurely from their families by unexploded ordnance.

This latest attack on the people of Gaza began on Friday 9th March, “killing 25 Palestinians.” (2) The Israeli air force fired missiles from the comfort of their warplanes at civilians in an arbitrary way, shooting onto the streets of Gaza and into people’s homes, “in the Jabaliya refugee camp that were mostly full of women and children,” (PM) The faceless attackers even shot at mourners attending a funeral. Such is the callous, vicious nature of the Israeli security forces, that kills, injures and intimidates innocent women and children, destroying all hope of living peaceful decent lives, and all in the name of ‘security’. Nonsense, this is criminal violence nothing more or less.

These most recent atrocities come on the back of the massacre that took place in December ‘08/January’09, when a total of “1417” (IOAK) Palestinians were murdered, of which ‘318” (IOAK) were children and 116 women. Fresh in the children’s young memories lie the echo of that horrendous time, the constant bombardment, the loss of loved ones, and the shootings. In addition to the deaths around 1000 children were injured in the three-week assault, many children were left with severe physical disabilities and deep psychological wounds. The mental/emotional effects more difficult to see and or to treat than broken bones and scared flesh. “The Gaza Community Health Programme estimates that half of Gaza’s children – around 350,000 – will develop some form of post-traumatic stress disorder.” (3) This is staggering but unsurprising, and the attacks this March on unarmed civilians, will serve to intensify the mental suffering and anguish that these children are living with, “both parents and psychologist fear that Gaza children could be affected psychologically in the long run.” (OP)

Children make up around 45% of the four million or so total Palestinian population in the occupied territories (4) – a fact that terrifies an aging Israel. And what impact does living under the brutal Israeli occupation have on them, are they inclined towards peace and brotherhood, is tolerance fostered in their hearts and minds or are the seeds of hate and the desire for revenge being carefully sown. Does violence ever bring peace, or perpetuate conflict. Violence we see begets not harmony but further violence. Colonel Travers: “we spoke to a psychiatrist in Gaza,” (5) who said, “We already see in our schools in Gaza the next generation of Hamas revolutionaries, children exposed to so much violence, they have no option but to terminate their childhood and move into a different frame, and the likelihood is that they will never stabilize.”(Ibid) In order to justify the unjustifiable, the unjust Israel needs to instil hate into another generation of Palestinians – to maintain their (Israel’s) position as the ‘enemy within’, thereby excusing in some perverted distortion of the facts, their continued aggression, violence and violation of international laws, too many to count.

Intimidation and Torture

Palestinian children living in the West Bank and the Gaza strip under the illegal Israeli occupation are subjected to brutal treatment, illegal imprisonment, torture and intimidation by the Israeli security forces. Defence for Children International states “a pattern of systematic ill-treatment [of Palestinian children] emerges, [from their report ‘Bound, Blindfolded and Convicted’] much of which amounts to cruel, inhuman or degrading treatment or punishment, as defined in the UN Convention against Torture, and in some cases, torture – both of which are absolutely prohibited.” (6) Since 1967 Palestinian children as well as adults have been subjected to Israeli Military Law, a legal system based on prejudice and short on justice. In the time since this emergency system was instigated 726,000 Palestinians have been arrested and detained. The numbers of children arrested and taken from their homes is shocking. “In the past 11 years alone, around 7,500 children, some as young as 12 years, are estimated to have been detained, interrogated, and imprisoned within this system. This averages out at between 500-700 children per year, or nearly two children, each and every day.” (BBCC) Mostly the arrested children live in villages in areas of tension, “friction points, namely settlements built in violation of international law, and roads used by the Israeli army or settlers.” (Ibid) The situation seems to be escalating particularly in certain areas of the West bank. “The extreme Golani Unit of the Israeli military is escalating its arrests of Palestinian children in Al Khalil (Hebron), targeting boys between the ages of 12 to15 years old with at least 10 reported cases of child arrests made (in early February 2012) just in the span of one week.” (7)

As well as arrests, incarceration in solitary confinement has also increased, with almost a quarter of all children arrested being held in isolation. Children, mainly boys, aged from 12 to 17 years old are forcefully taken from their family, often at night, imprisoned in a tiny, dank cell, illegally beaten and tortured, intimidated and on occasion subjected to electronic shock treatment. Most children are detained for the terrible crime of throwing stones at soldiers armed with M16 rifles and tear gas, all courtesy of the American arms industry. Like 15-year-old Yahia, who, with four friends was arrested and taken to the [illegal] Israeli settlement of Zuffin, where their “hands tied behind their backs, they were blindfolded, before being forced to kneel on the ground for several hours.” (BBCC) The inevitable insults then began to rain down on the children. “After about two and a half hours the boys were loaded into a truck and transported to a police station … the boys were interrogated … the interrogator grabbed the boys head and slammed it against the wall, slapping him twice, a short time later he returned holding a small electric shock device [Taser]. ‘He placed the device on my body and I felt a great powerful shock and my body started shivering’. This shock treatment continued until ‘I couldn’t feel my arms or legs and I felt extreme pain in my head. I felt I was going to be paralysed, so I decided to confess” (BBCC) In another example of torturous abuse at the hands of the Israelis, there is 16-year-old Mohammad Shabrawi from the West Bank town of Tulkarm, arrested in January 2001, again accused of throwing stones. His ordeal mirrors in part that of Yahia – taken to a settlement, his hands tied and being forced blindfolded to kneel on the asphalt for an hour or so, before being taken to “Cell 36, deep within Al Jalame prison in northern Israel.” (8) The Guardian reports: “It is one of a handful of cells where Palestinian children are locked in solitary confinement for days or even weeks. One 16-year-old claimed that he had been kept in Cell 36 for 65 days.” (Ibid) Mohammad spent “17 days in solitary, apart from interrogations. He first saw a lawyer 20 days after his arrest, he said, and was charged after 25 days” and the effect of this terrible ordeal on the boy, since his release, he said, he was “now afraid of the army, afraid of being arrested.” His mother said he had become withdrawn.” (Ibid)

The use of hand ties and blindfolds is extensive, in 2010 the UN documented 90 cases of “ill treatment” of Palestinian children in Israeli detention (9), of which 75 had their hands tied behind their backs and were also blindfolded. Almost a third of children were under 15 years of age. Of the 90 detained “62 children reported being beaten, 35 children reported position abuse and 16 children were kept in solitary confinement. In three cases, children reported the use of electric shocks on their bodies. Particularly concerning was the fact that there was an increase in documented cases of sexual violence” (UNDOPI). All of this contravenes international law and conventions signed and ratified by Israel and the democratic principles Israel so loudly proclaims. Mark Regev, the chief Israeli purveyor of propaganda and deceit, and Spokesman for Prime Minister, Benyamin Netanyahu said, according to the Guardian, “The test of a democracy is how you treat people incarcerated, people in jail, and especially so with minors.” (TG) Democracy damned by words of duplicity. Much of the mistreatment exercised towards Palestinian children not only contravenes international law, but also violates Israel’s own domestic laws. According to Israeli Law, “Interrogation of a minor may be conducted only by an interrogator who is trained as a youth interrogator. A parent is allowed to be present at all times,” (10) and ”Minors have the right to consult with the parent before the interrogation.” (BTSR)

When in Israeli custody, children are violently interrogated; they are shackled, blindfolded and bound to a chair whilst being questioned. They are verbally insulted “You’re a dog, a son of a whore is common. Many are exhausted from sleep deprivation. Day after day they are fettered to the chair, then returned to solitary confinement.” (TG) Eventually the majority of children sign confessions that they later state were coerced, “Children under interrogation unsurprisingly eventually admit to the ‘crimes’, DCI “in the end at least 90 percent will plead guilty, as this is the quickest way out of a system that denies children bail in 87 percent of cases.” (BBCC) Accusations of crimes justifying these illegal detentions are commonly, throwing stones, or occasionally Molotov cocktails at soldiers or settlers – both of whom, let us remember, are illegally present upon Palestinian land. A few are arrested for “more serious offences such as links to militant organisations or using weapons,” states the Guardian.

Major Violation, Minor Insecurity

And what ‘National security information’ is being elicited from the interrogation of these children, who the Israelis are abusing? “They are pumped for information about the activities and sympathies of their classmates, relatives and neighbours.” (TG) Within walls of intimidation a child can be forced to betray their friends and families, eliciting the names of other stone throwers is a primary aim of the torturer. B’Tselem: “One method the police use to identify juvenile stone throwers is incrimination: the police arrest one or more youths, they are required to give names of other youths whom they saw throwing stones, and these youths are then arrested and required to provide the names of others, and so on.” (BTSR) The children under interrogation in a frightening isolated place, far from home, are under great emotional stress and inevitably give up the names of friends, the experience then iscompounded by the added trauma of guilt.

Children are mostly held inside Israel itself, which restricts access to legal support and excludes family members from visiting, their freedom of movement is constrained under the occupation, the necessary permit to visit the prisons is often impossible to obtain. Families are therefore unable to support their children through the ordeal of confinement. Holding children in prisons inside Israel is in violation of Article 76 of the Fourth Geneva Convention, which prohibits such transfers. According to DCI, “testimonies [from 310 children] reveal that the majority of children are taken away to an unknown location for interrogation.” (BBCC) This process of arrests, detention and torture operating inside Israel and outside international and national law, offers the victims no legal recourse, DCI states that “there is a general absence of effective complaint mechanisms.” (Ibid)

Legally Binding, Illegally Bound

The Israeli judicial system as it currently pertains to Palestinian children, allows illegal practices to take place within the walled settlements – themselves illegal, inside police stations and Israeli prisons. International law on the rights of the child, to which Israel is bound, is clear and extensive: “The main document establishing the rights of children is the Convention on the Rights of the Child, adopted by the UN in November 1989. Israel signed the Convention in July 1990 and ratified it in August 1991.” (BTSR) In the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, we find: “Condemning the targeting of children in situations of armed conflict and direct attacks on objects protected under international law, including places that generally have a significant presence of children, such as schools and hospitals.” (11) Schools are repeatedly targeted by Israeli security forces, according to the UN in 2010 there was an increase in the number of attacks on education institutions. The UN continues its findings, “these attacks resulted in damage to schools or interruption of education, placing the safety of the children in Gaza and the West Bank at risk. The majority of cases involved the presence of Israeli security forces within school compounds following raids, forceful entry, and search and arrest operations, including the use of tear gas on students.” (UNDOPI) All international treaties and conventions signed by the lawbreaker, Israel, safeguard children in conflict, and Israel ignores them all. DCI: “These treaties relevantly provide that: in all actions concerning children their best interests shall be a primary consideration; children should only be detained as a measure of last resort and for the shortest appropriate period of time;” (BBCC) Held for ‘17 days in solitary’ as Mohammed was, is neither short nor appropriate, indeed it is illegal. It is one example within a catalogue of atrocities that sees Israel contravening another convention, breaking yet another international law and doing so with impunity. This must stop, urgent action is required to safeguard the children of Palestine and protect them from the tyranny that is Israeli policy in the OPT’s.

In order to fuel what is a raging furnace of legal standards raging around Israel, let us add The Fourth Geneva Convention, which “grants special protections to minors” (IOAK) and provides 146 articles that protect in law the lives of all Palestinians living under the illegal Israeli occupation. Israel is in breach of them all. Indeed ‘grave breaches’, which in itself constitutes war crimes, “the world has seen those [grave breaches] inflicted every day by Israel against the Palestinian people living in occupied Palestine: e.g., willful killing of Palestinian civilians by the Israeli army and Israel’s illegal paramilitary settlers.” (Ibid) Israel is guilty of ‘grave breaches’ of the convention and the more serious offense of ‘Crimes Against Humanity’ against Palestinians “as determined by the U.N. Human Rights Commission” (Ibid), which is the “legal precursor to the international crime of genocide as defined by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.” (Ibid) The argument that Israel is or has in fact already committed the crime of genocide, is powerful and to many indisputable.

Genocide, ethnic cleansing, apartheid, crimes against humanity; titles that all fit Israel bespoke. Call it what you will, the actions of Israel in the OPT’s are vile, murderous, calculated and illegal. It is for the international community acting in unity, and led by the UN to finally stand up and act to protect the lives of the innocent men, women and children of Palestine, lifting the shadow of constant fear, intimidation and aggression from their lives. Humanity is one. Together we must stand in the face of injustice, violence and hate to safeguard the lives of the innocent, the oppressed the defenceless.

Notes:

(1) If only Americans Knew. (IOAK) http://www.ifamericansknew.org/cur_sit/dec08.html
(2) The Palestine monitor (PM) 13th March 2012 http://www.palestinemonitor.org/?p=4401
(3) Occupied Palestine (OP) 17th March 2012
(4) See Wikipedioa.
(5) See Mondoweiss.
(6) Defence for Children International report, bound-blindfolded-and-convicted-children-held-military-detention-2012 (BBCC)
(7) See International Solidarity Movement.
(8) The Guardian (TG) The Palestinian children – alone and bewildered – in Israel’s Al Jalame jail
(9) United Nations Developments in the Occupied Palestinian Territory and Israel (UNDOPI) http://www.un.org/children/conflict/english/palestine.html
(10) B’TSELEM report No Minor Matter: Violation of the Rights of Palestinian Minors Arrested by Israel on Suspicion of Stone-Throwing (BTSR)
(11) OHCHR Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict http://www2.ohchr.org/english/law/crc-conflict.htm

Graham Peebles is Director of The Create Trust (www.the createtrust.org), a UK registered charity Supporting fundamental Social change and the human rights of individuals in acute need. He contributed this article to PalestineChronicle.com. Contact him at: graham@the createtrust.org.

March 26, 2012 Posted by | Civil Liberties, Subjugation - Torture | , | Leave a comment

5 injured in West Bank demonstrations

Ma’an – 23/03/2012

(MaanImages/reuters)

RAMALLAH – Five people were injured on Friday in weekly West Bank demonstrations, a local group said.

Three women sustained bruises after Israeli soldiers assaulted them in a weekly demonstration in al-Masara village, Bethlehem, the Popular Committee Against the Wall and Settlements said.

The demonstration began at a cultural center in the village, before heading towards Israel’s separation wall.

In Nabi Saleh, Izz al-Abdul Hazfith Tamimi, 15, suffered facial injuries after being hit by a rubber bullet, the Popular Committee said.

Usama Bilal Tamimi, 16, was hit by a rubber bullet in the leg.

Palestinian and international activists gathered in the village for the weekly protest, which was also dedicated to hunger striking detainee Hana Shalabi, as well as other Palestinians in Israeli jails.

The protest was held on the first anniversary of the arrest of anti-wall activist Bassem Tamimi.

In March, Amnesty International said Tamimi should be released immediately, calling him a prisoner of conscience.

In December, 28-year-old Nabi Saleh resident Mustafa Tamimi died after he was struck in the face by a tear gas canister fired by Israeli forces.

On Tuesday, Israeli troops raided the village, ransacking several homes and confiscating computers and cell phones, according to the local popular resistance movement.

March 23, 2012 Posted by | Ethnic Cleansing, Racism, Zionism, Solidarity and Activism, Subjugation - Torture | , , | Leave a comment

The Checkpoint

By | March 20, 2012

A Short film by Porter Speakman, Jr. (@porterspeakman) for the “Christ at the Checkpoint Conference 2012”. “The Checkpoint” looks at the system of Israeli checkpoints in the West Banks and the daily routine Palestinians must face going through the Bethlehem Checkpoint.

March 21, 2012 Posted by | Illegal Occupation, Subjugation - Torture, Timeless or most popular, Video | , , , , | Leave a comment