A year after losing a father and sons, a Gaza family copes
Rami Almeghari writing from the occupied Gaza Strip, Live from Palestine, 6 January 2010
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Khaled Abu Jbarah with baby Lina and Jihad, whose father was killed in an Israeli missile strike on their Gaza home. (Rami Almeghari) |
“Four months after the martyrdom of my husband and two of my sons, my granddaughter Lina was born — the daughter of my martyred son Basel,” said Fathiya Abu Jbarah. Fathiya is the widow of Jihad Abu Jbarah and mother of Basil, 30, and Usama, 21 who were killed on 4 January 2009 by an Israeli missile that struck their home in al-Bureij refugee camp in the central Gaza Strip. Their home was hit during Israel’s 22-day air and land attack that killed more than 1,400 persons and wounded thousands of others.
The Electronic Intifada visited the family a few days after the attack (see “Targeting a cup of tea in Gaza,” 12 January 2009) and came back one year later to see how they are coping.
Reflecting on the birth of Basel’s daughter Lina, Fathiya Abu Jbarah said, “My heart almost popped. What did this innocent baby do to be born without a father?”
“We Palestinian mothers like any other mothers, never want to see our children and grandchildren become orphans or for wives to become widows,” Fathiya who is in her mid-50s, said as she carried Lina in her arms. “We want to live in peace as any other nation in this world. Yet, the Israeli occupation never leaves us alone, they have continued to attack us regularly for decades now. Isn’t it time for us to live normally?”
In addition to the killings of Jihad and his two sons, a fourth family member, Khaled, 19, suffered severe shrapnel wounds to his abdomen and arms, and was transferred to a hospital in Saudi Arabia for treatment.
Khaled recalled the moment, just before 10:30pm on 4 January 2009, when the missiles struck the house. He had been sitting outside with his father and brothers. However, Khaled said, “The weather was cold, so I went in my room, while my brothers and father were keeping warm outside in front of a wood stove.”
Khaled then heard missiles striking near the home and rushed out of his room to see what happened. “I saw the three [Jihad, Basel and Usama] dismembered by the strike, but I did not know I was also hit.” Khaled recalled going out of the house to a nearby hospital.
The family’s rented home was badly damaged in the Israeli attack, but now they live in a newly-built three-room house. Khaled now lives there along with his brother Muhammad and other family members including a teenage brother, his mother, his sister-in-law, the widow of Basil and other nieces and nephews.
The Abu Jbarah home is one of the very few to be built in the past year, as thousands of homes damaged or destroyed in the Israeli attack remain unrepaired. Virtually no building supplies have come in due to the ongoing Israeli blockade, but the Abu Jbarahs built the house with the help of friends and family, and using building supplies smuggled in through tunnels from Egypt, and sold at inflated prices.
Muhammad Abu Jbarah, 24, explained that his late father had decided to build a family home in 2006, but due to the blockade he could never get the raw materials, which is why he rented the home that was attacked by Israel last year. After the attack, the family lived for months at the home of a relative, but with their needs, they decided to build the new house. It has been an enormous struggle.
“We have been building this new house for almost eight months, trying to get use of any raw building material available in local markets,” Muhammad explained. The cost has been enormous — about $70,000, much of which was borrowed from relatives or friends. “We owe about 70 percent of that amount,” said Muhammad,” and it will take us at least six or seven years to pay it off, but we have no choice.”
Despite the agony he has endured during the past year, Khaled Abu Jbarah sounded hopeful and looked forward to a better life in the new year. “I do look forward to a better situation, not only for me but also for these little children. We Palestinians want to live in peace and tranquility for generations to come, but unfortunately, every generation of us experiences the same suffering at the hands of this occupation, which never abides by ceasefire declarations, peace agreements, or any other international resolutions.”
Although the situation has been generally calm, Khaled pointed out that the “Israeli army continues to open fire from time to time [and] some people have been killed and wounded recently.”
The home provides some comfort now, but Fathiya Abu Jbarah said, “what you see can never compensate me for my loss. During Ramadan I cried a lot for my dear husband and children, while serving iftar [the fast-breaking meal] to the rest of my family.” As she spoke, the memory brought the tears back to her eyes.
Rami Almeghari is a journalist and university lecturer based in the Gaza Strip.
Israel orders Hamas legislator held for six more months
06/01/2010
Salfit- Ma’an – Israel has extended the detention of Abdul Jaber Fuqaha, a Hamas-affiliated member of the Palestinian Legislative Council from Ramallah first arrested in 2006.
Hamas PLC members issued a statement condemning the order to hold Fuqaha in administrative detention for another six months.
The order was the third such order, according to Hamas.
The lawmakers said Fuqaha was not charged with any crime. Fourteen Hamas legislators are still in Israeli prisons, including seven in administrative detention.
Israel seized dozens of Hamas officials in June 2006 following the capture of Isreali soldier Gilad Shalit.
In March Israel detained ten more top Hamas officials, including lawmakers, from the West Bank.
Also on Wednesday Hamas said that the Fatah-dominated Palestinian Authority arrested three members of the Islamist movement in the West Bank.
Israeli Use of Painful Shackling As A Form of Torture
By Stephen Lendman | January 5, 2010
Founded in 1990 to highlight a growing problem, the Public Committee Against Torture in Israel (PACTI – stoptorture.org) “believes that torture and ill treatment of any kind and under all circumstances is incompatible with the moral values of democracy and the rule of law. (It) advocates for all persons – Israelis, Palestinians, labor immigrants and other foreigners in Israel and the Occupied Palestinian Territories (OPT) – in order to protect them from torture and ill treatment by the Israeli interrogation and law enforcement authorities.”
They include the Israeli Police, the General Security Service (GSS), the Israeli Prison Service (IPS), and the Israeli Defense Forces (IDF). In June 2009, PACTI published a report titled, “Shackling As A Form of Torture and Abuse.” Its findings are discussed below.
PACTI reviews the “serious phenomenon” of shackling Palestinian detainees “in a systematic manner and throughout all stages of detention and interrogation.” Its purpose is to dehumanize and inflict pain, suffering, punishment, intimidation, and discrimination as a way of lawlessly extracting information even though experts acknowledge that torture is ineffective, counterproductive, and, of course, illegal under all circumstances at all times with no exceptions allowed ever.
Israel’s use of shackling “has snowballed almost out of control….even when it serves no real” purpose, and it begins at the time of arrest. Plastic handcuffs are used “that can be tightened but cannot be released or halted.” They inflict pain, especially when hands are cuffed from behind, the most common way.
Shackling continues during interrogation, “where diverse and creative forms of cuffing are intended to apply pain and pressure….” Then in cells, detainees are painfully shackled to beds for extended periods. Even when they’re transfered for urgent hospital treatment, cuffing stays in place throughout.
In his “Torture Ruling,” (HCJ 5100/94 Public Committee Against Torture in Israel v. Prime Minister of Israel), former President of the Israeli High Court of Justice (HCJ), Aaron Barak (1995 – 2006), addressed cuffing as follows:
“A reasonable interrogation is an interrogation without torture, without cruel or inhuman treatment of the interrogee, and without a humiliating attitude thereto. It is forbidden to use brutal and inhuman measures during the course of the interrogation….Painful cuffing is a prohibited action. Moreover: other means exist to prevent escape from lawful custody or to protect the interrogators which do not involve causing pain and suffering to the interrogee.”
Interrogators ignored the ruling and keep using procedures prohibited by the High Court as a way to gratuitously inflict pain, suffering, and at times permanent injury and disability.
PACTI cites specific cases and offers a medical opinion on the pain and neurological damage it causes. In response to its demands, interrogators began using new type handcuffs with longer chains, supposedly to limit physical harm. However, they’re as harsh as before.
Cuffing During Arrest and Transfer to Interrogation
Painful cuffing begins, even for minors, the sick and women at the moment of arrest to begin breaking detainees’ spirit and soften them up for GSS interrogations. Each month, PACTI gets dozens of complaints, and over the past year documented hundreds representing “the tip of the iceberg” about a universally administered procedure. For example:
Alaa Nasser Dib Salem was arrested on October 2, 2008. In his affidavit, he said soldiers cuffed his hands behind his back so tightly that any hand movement tightened his restraint more, causing pain and producing paresthesia (an abnormal tingling or pricking feeling the result of pressure on or damage to peripheral nerves).
Mahmud Faruq Hamed el-Bubali lost feeling in both hands after 30 minutes and made him feel like “my palms were going to disconnect, to be cut off.” The cuffing turned his hands blue, and he suffered intense pain, especially in his right hand.
When Yazan Sawalha complained of pain, he was denigrated, laughed at, cursed, and told to shut up even though his hands turned bright blue and red, were very swollen, and he had trouble lifting them.
Rami Mufid Jum’ah’s complaint led to further abuse. In transit with soldiers, he was kicked and struck with rifle butts on his shoulder.
A.G, a minor, told of being tightly handcuffed with his hands behind his back and blindfolded. When his restraint was temporarily removed, his left hand was blue and swollen, and his wrist swollen and red. At the Petah Tikva detention center, a doctor discovered white pus on both his hands.
Each time PACTI submitted a complaint to the Central Command Attorney for Operational Affairs, “no substantive reply” was gotten.
During Operation Cast Lead, Amar Fuad Mahmud al-Helu was arrested, painfully cuffed and held that way for three days. As a result, his shoulder was sprained and dislocated. When he shouted about the intense pain, soldiers tightened his restraint further.
In statements gotten by the Breaking the Silence organization, soldiers corroborated detainee testimonies. For example, Staff Sergeant A. said:
“….handcuff (detainees) and put a cloth over their eyes. Just take them away at night….put the handcuffs on them real tight. It stopped their blood circulation a bit.” They were left in a school “for hours, blindfolded and handcuffed, and they had no idea what they’d done…It went on through the day” lasting for hours.
Staff Sergeant B said:
“some soldiers know what the purpose of the handcuffs is and some….think (it’s) to stop the flow of blood from the wrist and fingertips….some guys think that you should squeeze the handcuffs as far as possible so that no blood can flow from one side to the other.” That’s different from just restraining them.
The Medical Aspect
At PACTI’s request, Dr. Bettina Steiner-Birmanns said:
“Tight handcuffs – such as narrow and rigid plastic handcuffs with no space between the cuffs and the detainee’s hands – press forcefully on the wrists. The detainee is liable to remain (in restraint) for protracted periods. In these conditions, the handcuffs may cause injuries to soft tissue and abrasions, skin wounds, and even fractures. The handcuffs also press on the nerves in the palms, thereby causing paralyses and a loss of sensation in (them). These neurological injuries may be transient but they may also be permanent….From the neurologist’s viewpoint….tight handcuffs can cause transient or irreversible damage….”
Correspondence with Army Authorities
All detainees are subjected to the same abuse with slight variations. PACTI asked authorities to provide regulations, procedures, or orders regarding the use of plastic (or other type) handcuffs. In response, Major Zohar Halevy, the IDF Spokesperson’s Division Human Rights and Public Relations head, issued a statement saying:
“In principle, force is not to be exercised against another person in order to execute a function or perform a duty unless the function cannot be executed or the duty performed without the exercising of force.”
Regarding forceful handcuffing, Major Halevy added that military police orders establish that:
“the use of force shall be in such measure as is necessary and logical while adapting given the circumstances. This shall be reasonably proportional to the desired goal. (Furthermore), the shackling of detainees outside the detention center shall be effected solely by the use of handcuffs, in such manner that the accompanying MP is shackled by the hand to the detainee, or when two detainees are shackled together and the MP accompanies them….it must be ensured that the accompaniers have cutters in order to cut the handcuffs when necessary.”
In response to a further PACTI inquiry, Human Rights Officer, Captain Gon Erez, said that handcuffing is in accordance with military police commander Instruction No. 9810 concerning “Shackling with Handcuffs – Security Detainees.” It states that they’re used to:
–prevent self-injury;
— injury to another person or property; and
— prevent escape from lawful custody.
Per the military police commander’s instruction, ordering handcuffing, including the type, is to be made in writing by the authorizing person, “and this decision shall be examined on an individual basis.” Further, “handcuffing shall be in such a manner as is essential in order to secure these goals and as an only and last means to do so. Once the goal is reached, the handcuffing of the security detainee is to be halted.” The facility military police commander and medical officer must approve maintaining it for over 72 hours, and handcuffs “shall be removed every three hours for a period of fifteen minutes.”
The provisions of commander Instruction No. 9803, “The Transfer and Removal of Detainees from a Detention Facility,” must also be followed. It states that:
“force is not to be exercised against a detainee for the purpose of the transfer or removal of the detainee from the incarceration facility unless it is impossible to execute the mission without” it. It’s further established that “the use of force shall be in a degree that is reasonable and essential for the execution of the task and shall be adapted to the circumstances….reasonable proportionality is to be maintained between the desired goal and the extent of the force that is exercised” that at all times “shall serve as a last resort.”
However, this instruction is vague on details during transfer and removal of detainees from incarceration facilities, thus granting soldiers a margin of leeway to exercise their own judgment and let them be harsher than necessary.
Nonetheless, the official reply acknowledges no legal basis for painful shackling, yet the procedure “is actually the case in the army” with no justification. As a result of 574 documented abuse cases, PACTI wrote to the West Bank judge advocate general and military police commander on May 13, 2009 demanding that soldiers henceforth be prohibited from using plastic handcuffs as the first and only means of controlling detainees from the time of arrest through their transfer to interrogation facilities. All painful restraint methods were also asked to be eliminated, especially shackling detainees’ hands behind their back, and that procedures be established concerning the method and length of detainees’ held in restraint. PACTI learned that plastic handcuffs can only be tightened, not loosened or removed unless cut off.
Handcuffing During GSS Interrogations
During interrogations, detainees are isolated and prevented from meeting with an attorney, family members, or ICRC representatives. As a result, they’re “subjected entirely to the interrogators’ control at all times during the period of interrogation.”
They’re kept painfully handcuffed in various ways, including “regular” protracted cuffing of hands behind their back as well as their arms and forearms in positions causing severe pain, suffering, and at times permanent harm. PACTI calls “high cuffing” the most extreme form.
GSS interrogators claim the procedure is to protect detainees’ well being and prevent their escape. However, they’re kept in a secured, closed, carefully guarded facility, making that likelihood nearly impossible.
Detainees are placed on an unupholstered wood, metal, or rigid plastic chair of standard office size. Both hands are shackled behind their back with metal cuffs connected by a short chain to the chair’s seat. Most often legs are also restrained, and the chair always is fixed to the floor.
Detainees are held that way throughout interrogation lasting many hours or days, except for short meal breaks and even shorter bathroom ones. Protracted sitting alone with no possibility of shifting positions, standing, or stretching is itself extremely uncomfortable. Being painfully shackled makes it much worse, and any attempt to slightly adjust the hands results in further tightening of the cuffs.
As explained above, paresthesia often results that includes loss of feeling, weakness, and pain in the back, arms, wrists, shoulders and neck – the entire upper body. Chest muscles are also strained, breathing impeded, and long-term neurological damage is common.
The Scale of Cuffing Detainees with Their Hands Behind Their Back
PACTI affidavits show it’s widespread during all interrogations, usually throughout the procedure. A few testimonies describe the practice:
A.B, aged 16 and a half, said his hands were cuffed behind his back and attached to the chair’s seat. His testimony shows that even minors are subjected to the same harsh treatment as adults. At one point during the process, A.B. broke down and cried.
Samar Hasan Sus said:
“When the interrogation began, I was cuffed with my hands behind the back of the chair I was sitting on. The handcuffs were attached to the bottom of the seat of the chair and I could not move my hands. The handcuffs were made of metal.” He complained to an attorney about forearm, leg and back pain. PACTI submitted a complaint on his behalf to no avail.
Dr. Ghasan Sharif Muhammed Khaled said he was cuffed and not allowed to change position. He said he was subjected to intensive interrogation for eight days, up to 22 hours a day, excluding Saturday and Sunday. Throughout, he was painfully shackled with only rare breaks of about 10 minutes. As a result, he experienced severe pain in his tailbone, back, neck, palms, and knees. He also sustained internal bruising and his knees swelled. PACTI again complained, was told the case was closed, and no corroboration was found for Dr. Khaled’s complaints.
Numerous other cases were much the same, and PACTI got no substantive responses to its complaints. They also learned that the only time interrogators unfastened the restraints was when detainees said they wanted to confess. Otherwise, painful shackling continued, causing permanent damage and humiliation as well.
“High Handcuffing” in the Interrogation Room
PACTI describes it as “any type of handcuffing in which the detainees’ hands are above the level of their wrists, including cuffing of the forearms or arms.” It’s extremely painful, can cause physical injury, and if maintained for extended periods very often permanent disability.
Detainee Jalal Khaled Momammed Sawafta describes it in his affidavit:
He was cuffed with a large metal bracelet. “They cuffed my hands in the middle of the forearm (between the wrist and the elbow). Each of two interrogators pressed on the bracelet of the handcuff on my arm – they both pressed together. It was terribly painful. Of course, these handcuffs were in addition to the regular handcuffs that were on my hands all the time, so I had two pairs of handcuffs fastened behind my back. (They) pressed on my arms hard. I cried out but it didn’t do any good.”
Sawafta’s hands are still numb. He can’t move his palms well, and they still feel cold all the time even on hot days. He still has marks on his right hand and wrist and “all kinds of bruises on both hands.” Also, his back hurts when sitting for a long time. He’s unable to write or hold a cigarette between his fingers, and his hands are swollen and red.
On his behalf, PACTI complained to Attorney General Meni Mazuz. Even after a follow-up memo, no substantive reply was gotten. Other detainees described the same treatment. Some referred to “indescribable” pain, and subsequent medical examination confirmed neurological damage.
After repeated attempts on behalf of detainees, Attorney Naomi Granot, Inspector of Interrogee Complaints, closed the issue “on the grounds that the findings of the mechanism for examining complaints by interrogees did not warrant legal, disciplinary, or other action against any of the GSS interrogators.”
From the clear evidence it got, PACTI concluded that detainee rights were “gravely” violated and that no redress would be forthcoming. Nonetheless, an appeal to the prime minister was made, including demands to prohibit painfully shackling, restrict the method and frequency of less or non-painful restraints, and assure future procedures only prevent detainees from harming interrogators or escaping. PACTI wants new rules, guidelines, and criteria in writing that comply with international and Israeli law.
Response from the Prime Minister’s Office
In January 2008, the Office of the Military Secretary to the Prime Minister head, Major Shalom Ginzburg, replied:
“It has been decided to alleviate the condition of interrogators by lengthening the chain in such a manner that the interrogee will be able to place his hands by the side of his body in a more comfortable manner, without this impairing the security of the interrogators or increasing the risk that the detainee will escape from custody.”
The “high handcuffing” issue wasn’t addressed, nor was PACTI’s demand for clear cuffing procedures. Nothing fundamentally changed as repeated detainee complaints were received. In response, PACTI contacted the internal security minister “to ensure immediate compliance with the decision of the Prime Minister’s Office on this matter.”
In May 2008, Col. (Ret.) Yuval Rivlin from the Office of the Comptroller of the Ministry of Internal Security (Public Complaints Office) replied stating:
“our examination with the Israel Police has shown that interrogees are not handcuffed during their interrogation. The Israel Prison Service informs us that the interrogation facilities are not under the responsibility of the IPS.”
In December 2008, PACTI again wrote the prime minister asking him to immediately prohibit painful cuffing, including “high handcuffing” and to establish firm procedures to be followed during interrogations.
In February 2009, Ayelet Moshe from the Public Affairs Department in the Prime Minister’s Office stonewalled by repeating earlier responses that produced no substantive changes.
Painful Handcuffing Continues
Detainee testimonies reveal it:
Mu’ataz Suleiman Mohammed Qawasmeh described how his hands were painfully cuffed behind his back with metal cuffs connected by a 40 centimeter long chain fixed to the back of the chair. While in this position, he was intensively interrogated from 10 – 22 hours a day. As a result, he suffers spinal and shoulder pain.
For about 12 hours a day, Ahmad Samir Hassan Isma’il was cuffed the same way for nearly five days. As a result, he has lower back pain and paresthesia in both palms. Others now experience various upper body pain in their shoulders, neck, hands, arms, and elbows. They also suffer from swollen red hands, paresthesia, and leg pain for those whose legs were shackled.
Alaa Nasser Dib Salem revealed more – painful hands and feet shackling to a concrete bed in solitary confinement for two days without interrogation. After six hours, he experienced paresthesia throughout his body. He was also denied access to the bathroom and forced to urinate in his clothes. When he complained, two men in civilian clothes tortured him by painfully pressing on his cuffs, cursing him, and threatening to torture his family. Salem was later beaten on all parts of his body with a nightstick and lost consciousness. When revived, he was shaking.
PACTI concluded that “The behavior of the interrogators in these cases and in other similar cases….indicates the use of handcuffing as a form of torture in order to extract information unlawfully” with interrogators often told anything to stop the pain.
Non-Handcuffing of Detainees During Police Interrogations
After GSS interrogations, detainees are questioned by police, or at times interrogations are done alternately for different purposes. GSS wants information to protect state security while police need it for subsequent prosecutions. During their interrogations, cuffing isn’t used, a clear sign that GSS does it solely to inflict pain.
PACTI concludes that GSS interrogators use “systematic handcuffing (for) extraneous motives….far removed from the need to ‘protect the safety of the interrogators’ or to ‘prevent escape from custody.’ ” Painful cuffing is used solely to torture, abuse, and inflict permanent impairment. “This behavior is inconsistent with the declared objectives and those set in (international and Israeli) law….”
Shackling Sick Detainees and Prisoners During Medical Treatment
One case involved a shackled young man who was unconscious after Israelis lynched him. Police refused to unfasten his handcuffs in the hospital even though they impeded treatment. Another case involved a hospitalized woman shackled on her way for major surgery, then again painfully after completion.
After being shot, Mohammed Ashkar was hospitalized unconscious and placed in intensive care with a ventilator attached to his mouth. Yet his hands were cuffed to the bed, and his legs cuffed together. At all times, four guards watched him. Ashkar subsequently died from his wounds, still painfully shackled. PACTI called his case “an appalling example of inhumanity” and a shocking breach of medical ethics for hospital staff to permit this.
The December 1982 UN Declaration on the Principles of Medical Ethics clearly states that:
— “Health personnel, particularly physicians, charged with the medical care of prisoners and detainees have a duty to provide them with protection of their physical and mental health and treatment of disease of the same quality and standard as is afforded to those who are not imprisoned or detained.”
The Declaration also prohibits actively or passively participating in “torture or other cruel, inhuman or degrading treatement or punishment (and) assist(ing) in the interrogation of prisoners or detainees in a manner that may adversely affect (their) physical or mental health or condition….”
In response to PACTI’s complaint about Ashkar’s treatment, IPS Attorney Tal Argaman on prisoners’ affairs said his shackling properly complied with “confidential” procedures he wasn’t at liberty to disclose. PACTI nonetheless submitted a request in accordance with the Freedom of Information Law, 5758-1998, but was denied on grounds of confidentiality.
At a subsequent meeting (attended by Physicians for Human Rights representatives) with police, the IPS, Deputy Attorney general (Criminal), Ministry of Internal Security and Ministry of Health, PACTI learned that “IPS security prisoners are considered dangerous and are automatically shackled” while hospitalized, even if on life support. The meeting ended inconclusively.
On July 31, 2008, another meeting was held with the same attendees as earlier. As a result, the IPS published IPS Commission Order No. 04.15.01 concerning “the shackling of a prisoner in a public place.” For the first time, it distinguished between levels of danger for prisoners and detainees as follows:
— those classified “level A” include all held for security reasons to be shackled as authorities see fit;
— “level B” detainees may not be shackled, “subject to individual examination;”
— for minors, the handicapped, disabled, or sick, shackling should be avoided, but isn’t prohibited if grounds are documented in writing;
— during court proceedings, cuffing should be avoided, “subject to individual examination;”
— for hospitalized detainees, authorities should refrain from shackling unless sufficient grounds are presented; however, this doesn’t apply to “level A” detainees who’ll be shackled at all times; this means that anyone may be so classified and painfully restrained.
PACTI concluded that the new order didn’t alter “the default practice of shackling.” It continues unabated.
Shackling from the Perspective of International Law
International law is clear and unequivocal. Torture amounting to cruel, inhuman, and/or humiliating treatment is prohibited at all times, under all circumstances, with no exceptions ever allowed, including in times of war or imminent danger. This prohibition is a rare example of a legal principle, accepted as customary law that’s binding on all countries worldwide. Neither Israel or any other nation may violate it no matter what conditions exist.
In addition, accepted principles for detainees and prisoners were established in a non-binding July 1, 1957 UN resolution concerning Standard Minimum Rules for the Treatment of Prisoners. They were adopted in 1955 by the First UN Congress on the Prevention of Crime and Treatment of Offenders and were approved in 1957.
They reflect accepted norms and standards concerning prisoner treatment, including the prohibition of shackling to inflict punishment under Section 33, but allow it, with restrictions, to prevent escape during transfer, provided:
— cuffs are removed before detainees appear before a judicial or administrative authority;
— for medical reasons on instruction of a medical staff member; and
— on order of the incarceration facility’s general manger.
Even when applied, doing it in a painful manner is prohibited, and the Israeli High Court of Justice (HCJ) several times affirmed the standard under the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment that states:
“All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person.”
Yet the HCJ also legitimized coercive interrogations in three 1996 cases involving plaintiffs Bilbeisi, Hamdan and Mubarak seeking interim injunctions prohibiting abusive GSS treatment, including painful shackling, violent shaking, hooding, playing deafeningly loud music, sleep deprivation, and lengthy detentions. After further deliberation, the HCJ ruled painful shackling illegal, but allowed the other practices, even though Section 277 of Israel’s 1977 Penal Law prohibits torture and provides criminal sanctions against its use. It specifically states:
“A public servant who does one of the following is liable to imprisonment for three years:
— uses or directs the use of force or violence against a person for the purpose of extorting from him or from anyone in whom he is interested a confession of an offense or information relating to an offense; or
— threatens any person, or directs any person to be threatened, with injury to his person or property or to the person or property in whom he is interested for the purpose of extorting from him a confession of an offense or any information relating to an offense.”
In fact, this law applies solely to Jews, so Palestinians are subjected to systematic torture and abuse, including extended periods of injurious painful shackling. In addition, the Penal Law has a giant loophole “necessary defense” provision allowing “psychological and moderate physical pressure” to obtain evidence in criminal proceedings. It also permits coercive interrogations against “hostile (threats or acts of) terrorist activity” and all expressions of Palestinian nationalism.
Then in 1999, the HCJ ruled that coercive force may be used in “ticking time bomb” cases that can be applied to anyone designated a security threat or terrorist. According to Israeli authorities, all expressions of Palestinian nationalism, activism and resistance against lawless oppression is “terrorism,” opening the way for Palestinian detainees to be tortured – defined by international law as war crimes that impose criminal liability on perpetrators, their authorizing superiors, and the state itself.
Israel is a serial violator, so far unaccountable for its grave breaches, yet potentially liable for its actions as well as individuals at all security and political levels engaged in state-sponsored policies that willfully disregard binding international laws.
Under the well-established principle of “universal jurisdiction,” any nation may investigate and prosecute foreign nationals for crimes against humanity and war, including torture, cruel and abusive treatment of detainees. In April 1961, Israel applied it against Adolph Eichmann, and so has America against figures like Panama’s Manuel Noriega and Liberia’s Charles (Chuckie) Taylor. It may only be a matter of time until the “law of averages” catches up with Israeli war criminals. For their victims, it can’t come a moment too soon.
Stephen Lendman is a Research Associate of the Centre for Research on Globalization. He lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also visit his blog site at sjlendman.blogspot.com
“I hope that I die on my land”
Jody McIntyre writing from Bilin, occupied West Bank, Live from Palestine, 4 January 2010
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Fatima Yassin watches looks on as Israeli occupation soldiers prepare to invade her home in Bilin. (Hamde Abu Rahme) |
Fatima Mohammed Yassin, 49, is a farmer from the Palestinian village of Bilin in the occupied West Bank. In spite of Israel’s occupation and construction of its wall in the West Bank, including on Bilin’s farm land, Yassin and her husband continue to work their land on a daily basis. Jody McIntyre spoke to her for The Electronic Intifada.
Jody McIntyre: Do you have land behind the wall?
Fatima Yassin: Yes, before Israel started construction of the wall in Bilin, my family had 45 dunams of land [1 dunam equals approximately 1,000 square meters], all of it filled with olive trees. My husband’s family had 50 dunams, which were a mixture of olive groves and vegetable patches, as well as another 50 dunams of land that was stolen after 1967 [Israel’s occupation of the West Bank began after the June 1967 war].
When the Israeli army was building the wall on our land, they stole land from many people, but only on my husband’s land did they steal his olive trees as well! We still go to our land every day to plant vegetables and look after the soil, because we will not allow the Israeli government or the settlers to claim that our land is unused. If we don’t go to our land, they will say it is unneeded and confiscate it so that they can expand the settlements, which are already built illegally on our land.
JM: Does the Israeli army create problems when you try to go to your land?
FY: Yes, sometimes they don’t allow us to enter, but my husband and I will wait at the gate for one hour or two hours; if they don’t let us through we will stay there from the morning until the evening. We won’t go home until they let us go to our land. The soldiers once told us that it was illegal for us to go to our land and that we should go back home, but I simply replied, “I don’t want to go home, I want to go to look after my land.” Sometimes when our sons come to help us on the land the soldiers beat them or try to arrest them. We’ve had these problems many, many times, but in spite of this, we will not stop resisting this occupation. We are not afraid.
JM: Do the settlers create problems when you are on your land?
FY: Yes, they came and set fire to a small room that the people from Bilin built behind the wall — [they did this] four times. One of the times, I had just gone to make coffee for my husband — they were watching me and when I left went they went in and set the fire. But every time they damaged the room, we went to fix it again.
JM: How did you feel when you first heard Israel wanted to build the wall in Bilin?
FY: Everyone was angry when they heard the news, and sad because we knew it was a ploy to steal our land, so we started to protest against the construction of the wall. The first time we heard that it was being built, all the people from the village went to our land and said that we would fight against its confiscation by the Israeli army. We could see the bulldozers uprooting our trees. For the last five years we have been fighting against the wall, and for justice, and we will always continue.
JM: Do you attend the weekly demonstrations against the wall in Bilin?
FY: Yes, of course! My entire family goes to the demonstrations, me and my husband, our five daughters and our five sons. These demonstrations are our way of nonviolently resisting against the wall, the settlements and the confiscation of our land. We are not going out there to kill people, we are going to return to work on our land — to take back what they have stolen from us.
JM: Have any of your family been injured at the demonstrations?
FY: Of course! All my sons have been injured. The first one to be injured was Helme. He was injured at the very first demonstration we had in Bilin. [The Israeli army] shot him with a tear gas canister in the neck. After a few weeks, he was injured in the leg with the same weapon. A couple of months later he was arrested, becoming the first person to be arrested for our village. But even while in jail they couldn’t crush the rebellious spirit in his heart. [The prisoners] started a protest against the terrible conditions in the prison, and the soldiers shot Helme in the leg with a rubber-coated steel bullet.
My son Hamde was shot next, in the leg also with a rubber-coated steel bullet, and then Mustafa was shot with a tear gas canister. My youngest son, Mohammed, was just 14 years old at the time, and he was injured three times by rubber-coated steel bullets, twice in the legs and once in buttocks.
The last one to be injured was Khamis, my eldest son. He was shot in the head with a high-velocity tear gas canister, a new weapon at the time, and was left in a coma. I was very sad when they shot Khamis.
So all my sons have been shot in the demonstrations, but we will not stop until we return to our land.
JM: Has your house even been invaded by the Israeli army?
FY: The first night raid was at our house, when they arrested Helme. Our house is very close to the wall, so if there are any problems at the wall the army immediately comes to our home. Once they came during the day when I out working on my land, broke down the doors to my house, beat my daughters and arrested my 10-year-old nephew. He wasn’t wanted for anything.
The next time they came was to arrest my eldest son Khamis. As always, it was because he dared to nonviolently resist against the confiscation of his family’s land. Sometimes they come and don’t arrest anyone, just to harass us, to wake us up in the middle of the night and to intimidate us.
My son Hamde photographs the night raids, to show the world what is happening here in Bilin. Of course I am proud of what he is doing, but it makes me worry about him and I cannot sleep. I’m afraid that a soldier will shoot him or arrest him. I know that he has been beaten many times while taking photographs. The soldiers are very violent during the night raids, so I worry about him.
Another time, when Hamde was away, they invaded [the village] at night and stayed in our home for three hours. When I saw all my sons lined up outside, and the soldiers trying to beat them and joking together about when they had shot Khamis in the head, laughing about how he had nearly died in the hospital. When I heard them say this I passed out. When I woke up, I was lying in the hospital myself. Because Hamde was abroad, I was scared that they were looking for him and would arrest him at a checkpoint on his way back into the country.
Once they invaded the house in the day, and the army commander came over to me and said, “One day, I am going to come here with a bulldozer and destroy your house.” They came two days later and started searching the house, but they didn’t find anything — because we don’t have anything!
It’s like we can’t sleep during the day or at night now, because of the invasions. All we can do is sit awake.
JM: After all the oppression the people of Bilin have suffered at the hands of the Israeli army, do you think your campaign of nonviolent resistance can continue?
FY: Yes, we will certainly continue. My husband and I will continue to go to our land every day. We will go until the last moment. I hope that I die on my land.
Jody McIntyre is a journalist from the United Kingdom, currently living in the occupied West Bank village of Bilin. Jody has cerebral palsy, and travels in a wheelchair. He writes a blog for Ctrl.Alt.Shift, entitled “Life on Wheels,” which can be found at www.ctrlaltshift.co.uk, where a version of this article was originally published. He can be reached at jody.mcintyre AT gmail DOT com.
American Jewish groups fight to protect Somali rights abuser from legal action
By Nathan Guttman | The Jewish Daily Forward | December 31, 2009
General Mohamed Ali Samatar, Former vice president and Prime minister of Somalia
Washington — American Jewish organizations that fought to establish the jurisdiction of U.S. courts for suits against terrorist groups are taking an opposite tack in suits involving human rights abuses.
Jewish groups have filed briefs siding with a former Somali official now living in Virginia who is alleged to bear responsibility for atrocities committed during his tenure.
The case’s outcome is expected to set a precedent on the vulnerability to human rights lawsuits of former and present officials of internationally recognized governments. But supporters of Israel fear the result could enable Palestinians who claim to be victims of Israel to pursue Israeli officials here.
The Supreme Court will hear oral arguments March 3 in the case of Yousuf v. Samantar, in which a group of Somalis is seeking financial damages from Mohamed Ali Samantar, Somalia’s former defense minister. He also served as prime minister from 1987 to 1990. Samantar was a top official in the regime of President Siad Barre, a socialist-leaning dictatorship that was denounced by international groups for its systematic use of torture and arbitrary arrests, and for the rape and murder of political rivals and dissidents.
Among the five Somalis suing Samantar are a student who was allegedly detained and raped 15 times by a military man, a former officer who alleges he survived a mass execution and a businessman who claims he was tortured for months by the regime Samantar helped lead. Two of the plaintiffs are now American citizens. The case was filed under the Torture Victim Protection Act.
The Supreme Court will rule on the plaintiffs’ right to pursue a civil lawsuit against Samantar. Pro-Israel activists, fearing a precedent that will allow others to pursue legal action against Israel for alleged war crimes — as has happened in Europe — have filed briefs opposing their suit.
“There will be a rash of lawsuits of this kind against Israel” if the court rules for the plaintiffs, warned Alyza Lewin, an attorney with the firm of Lewin & Lewin, which has filed a friend-of-the-court brief in favor of Samantar and against making foreign officials vulnerable to civil lawsuits. The brief was filed on behalf of four Jewish groups: the Zionist Organization of America, the Union of Orthodox Jewish Congregations of America, Agudath Israel of America, and the American Association of Jewish Lawyers and Jurists.
It is an unusual setting, one in which pro-Israel activists are siding with the Saudi government — which has also filed a brief on behalf of Samantar — while pitting themselves against international human-rights advocates. Furthermore, this battle also puts the Jewish community on the side of those seeking to limit international jurisdiction after years of fighting to broaden the ability to sue foreign entities in order to go after terror groups and their sponsoring states.
Samantar moved to dismiss the 2004 lawsuit on grounds of immunity provided under the Foreign Sovereign Immunities Act, which protects foreign governments in most cases from legal action in the United States. But in January 2009, the Fourth Circuit Court of Appeals reinstated the case, ruling that this immunity applies not to individuals but only to governments and their agencies. A Washington circuit court had previously reached the opposite conclusion. The Supreme Court’s ruling is expected to resolve the dueling decisions.
For Jewish communal officials, the Samantar case set off alarm bells. The Jewish groups that filed the brief cite more than 1,000 cases of lawsuits against Israeli officials around the world as part of an effort that Israeli leaders dub “lawfare” — a campaign to take Arab human-rights grievances against Israel to international courtrooms.
One of those recent cases was the December attempt to issue a criminal arrest warrant in Britain against Israeli opposition leader Tzipi Livni because of the role she played as foreign minister during last January’s Israeli military operation in Gaza.
In the United States, the law does not allow citizens to file similar criminal lawsuits against foreign officials. But in civil suits, it is an unsettled question whether the Foreign Sovereign Immunities Act, which protects governments, extends to individual government officials and former government officials who were acting in their authorized capacities at the time in question.
Lewin, of the law firm representing the four Jewish groups, says it should. “It would be tempting for us to say, wouldn’t it be nice to sue government officials in these cases, but the risks and the costs outweigh the benefits,” she said.
“You’d have the entire Middle East conflict here in the U.S.” if Samantar won, agreed Marc Stern, co-executive director of the American Jewish Congress. Stern, who also filed a brief on this issue, claimed that allowing civil suits would “require Israelis to recount in an American court years after the event why every rocket was fired and why each attack took place.”
A couple of Israeli officials already faced this threat in the United States.
In 2005, former chief of staff and current Cabinet minister Moshe Ya’alon was served with a civil suit while entering a Washington think tank he was attending as a visiting scholar, filed by families of victims from a 1996 Israeli shelling in Lebanon. A week earlier, Avi Dichter, former head of Israel’s General Security Service, had the same experience in New York. This lawsuit was on behalf of victims of an Israeli bombing in Gaza.
These lawsuits cannot lead to arrests, but they can cause significant financial liabilities to Israelis and eventually deter Israeli officials from visiting America, pro-Israel activists say.
Fighting to maintain immunity for foreign officials seems to place Jewish activists far from positions they have taken in the past. Supporters of Israel actively backed legislation that paved the way for relatives of terror victims to sue terror organizations and their sponsors in American courts. Over the years, these lawsuits have yielded several rulings against Hamas, Fatah and Iran for compensation reaching hundreds of millions of dollars.
Unlike the laws governing human-rights suits, the law empowering individuals to file civil suits against terror organizations and their state sponsors is specifically exempted from the Foreign Sovereign Immunities Act. But the terrorism law — also unlike the human-rights laws — clearly disallows suits against individuals.
The Anti-Defamation League, in a separate friend-of-the-court brief filed in the Samantar case, differed with the position taken by the AJCongress and the groups represented by Lewin. The ADL brief spoke of the need to strike a balance between the allowance of victims of severe human-rights violations overseas to seek remedy in American courts, and the need to “protect the ability of lower courts to dismiss meritless claims brought for political or other improper purposes.”
The Samantar case made some strange bedfellows in fighting to limit the scope of lawsuits against foreigners. Alongside the former Somali politician were not only the pro-Israel activists, but also the kingdom of Saudi Arabia. A brief filed by the Saudis reflects concerns similar to those of pro-Israel advocates — that this case could lead to an outpouring of lawsuits against former and current government officials. Citing numerous suits filed against Saudi Arabia after the 9/11 terror attacks, the brief states the kingdom’s “unique experience” and “strong interest” in the outcome of the case.
On the other side are human- rights groups, led by the Center for Justice & Accountability, representing the Somali citizens suing Samantar. “This case stands for the proposition that the U.S. cannot be a safe haven for human-rights abusers like Samantar,” said Pamela Merchant, the group’s executive director, “and we are confident that the Supreme Court will not allow U.S. law to be manipulated to undermine this principle.”
Both sides are waiting for the American government’s brief to be filed. While previous administrations have opposed expanding the ability to sue foreigners in the United States, senior Obama administration officials were supportive of this notion in their previous capacities.
Contact Nathan Guttman at guttman@forward.com
Israeli forces ‘deliberately let him bleed to death’
Ma’an
Part nine of a series recounting the findings of South African jurist Richard Goldstone’s UN Fact Finding Mission on the Gaza Conflict.
On 4 January 2009, one year ago today, Iyad Samouni, his wife, and five children were together with about 40 other members of their extended family in the house of Asaad Samouni, a relative.
At around 1am, they heard noise on the roof. At about 5am, Israeli soldiers walked down the stairs from the roof, knocked on the door, and entered the house. They asked for Hamas fighters. The residents replied that there were none.
Stationing themselves in the house, soldiers separated women, children and the elderly from the men. Iyad and all the other men were forced into a separate room, blindfolded and bound with plastic handcuffs. They were allowed to use the bathroom only after one of the men urinated on himself.
The next morning, Iyad and everyone in Asaad’s house walked out and down Al-Samouni Street to take Salah Ad-Din Street in the direction of Gaza City. They had been instructed by the soldiers to walk directly there without stopping or diverting from the direct route. The men were still handcuffed and the soldiers had told them that they would be shot if they attempted to remove the handcuffs.
On Salah Ad-Din Street, a single or several of the Israeli soldiers opened fire positioned on the roofs of houses. Iyad was struck in the leg and fell to the ground. Muhammad Asaad Samouni, who was walking immediately behind him, moved to help him, but an Israeli soldier on a rooftop ordered him to walk on. When he saw the red point of a laser beam on his body and understood that an Israeli soldier had taken aim at him, he desisted.
The Israeli soldiers also fired warning shots at Muhammad Samouni’s father to prevent him from assisting Iyad to get back on his feet. Iyad’s wife and children were prevented from helping him by further warning shots.
Fawzi Arafat, who was part of another group walking from the Al-Samouni neighborhood to Gaza City, said he saw Iyad lying on the ground, his hands shackled with white plastic handcuffs, blood pouring from the wounds in his legs, begging for help. Arafat stated that he yelled at an Israeli soldier “we want to evacuate the wounded man.” The soldier, however, pointed his gun at Iyad’s wife and children and ordered them to move on without him.
The final report produced by South African jurist Richard Goldstone’s UN Fact Finding Mission on the Gaza Conflict notes that witnesses who spoke about Iyad “appeared to be profoundly traumatized by the recollection of his pleading for help from his wife, children and relatives…
Iyad’s family and relatives were forced to abandon him and continue to walk toward Gaza City. At Ash-Shifa hospital they reported his case and those of the other dead and wounded left behind. Representatives of the Palestine Red Crescent Society (PRCS) told them that the Israeli armed forces were not permitting them to access the area.
Salah Samouni, who was part of a group up ahead of Iyad’s, said that “they were handcuffed, and one of them was hit with a bullet in the foot and he profused [sic] blood for three days until he met with his end.”
A PRCS staff member told the UN mission that three days later, on 8 January 2009, medics were granted permission by Israeli armed forces through the International Committee of the Red Cross to evacuate Iyad. The PRCS staff member found him on the ground on Salah Ad-Din Street in the place described by his relatives. He was still handcuffed. He had been shot in both legs and had bled to death.
Iyad’s family and relatives were forced to abandon him and continue to walk toward Gaza City. At Ash-Shifa hospital they reported his case and those of the other dead and wounded left behind. Representatives of the Palestine Red Crescent Society (PRCS) told them that the Israeli armed forces were not permitting them to access the area.
Salah Samouni, who was part of a group up ahead of Iyad’s, said that “they were handcuffed, and one of them was hit with a bullet in the foot and he profused [sic] blood for three days until he met with his end.”
A PRCS staff member told the UN mission that three days later, on 8 January 2009, medics were granted permission by Israeli armed forces through the International Committee of the Red Cross to evacuate Iyad. The PRCS staff member found him on the ground on Salah Ad-Din Street in the place described by his relatives. He was still handcuffed. He had been shot in both legs and had bled to death.
Sameer As-Sawafeary, another witness, recounted: “On Tuesday, the Red Cross came … So we took the martyr and another martyr named Iyad Ezat Samouni, who was [a] neighbor, who was lying on the ground. I told the Red Crescent – or the Red Cross – that the body was Al-Samuni’s body. So they transported him on a stretcher.”
Factual and legal findings
Goldstone’s final report states: “Iyad al-Samouni was part of a large group of civilians who were leaving their homes and walking towards Gaza City in an area under the complete control of the Israeli armed forces. His hands were tied with white plastic handcuffs.
“The soldier who opened fire on him should have known, on the basis of the plastic handcuffs if not of coordination with his fellow soldiers stationed in Asaad al-Samouni’s house a few hundred metres away, that he had been searched and detained by the Israeli armed forces. In opening fire on Iyad al-Samouni, the Israeli armed forces shot deliberately at a civilian who posed no threat to them.”
The report adds: “While the fire directed at Iyad al-Samouni could have been intended to incapacitate rather than to kill, by threatening his family members and friends with lethal fire, the Israeli armed forces ensured that he did not receive lifesaving medical help. They deliberately let him bleed to death.”
According to the report, the fundamental principles applicable to these incidents, which are cornerstones of both treaty-based and customary international humanitarian law, are that “the parties to the conflict shall at all times distinguish between the civilian population and combatants” and that “the civilian population as such, as well as individual civilians, shall not be the object of attack.”
Israel refers to the principle of distinction as “the first core principle of the Law of Armed Conflict.” It further states that “the IDF’s emphasis on compliance with the Law of Armed Conflict was also directly incorporated into the rules of engagement for the Gaza Operation.” The principle of distinction was reportedly incorporated in the following terms: “Strikes shall be directed against military objectives and combatants only. It is absolutely prohibited to intentionally strike civilians or civilian objects (in contrast to incidental proportional harm).”
In reviewing the above incident the Goldstone mission found in that the Israeli armed forces had carried out a direct, intentional strike against a civilian. The mission found that, on the basis of the facts it was able to ascertain, there were no grounds which could have reasonably induced the Israeli armed forces to assume that the Iyad was in fact taking a direct part in the hostilities and had thus lost his immunity against direct attacks.
Goldstone’s team found that Israel’s army violated the prohibition under customary international law that the civilian population as such will not be the object of attacks, as well as fundamental guarantees in the Fourth Geneva Convention. “The State of Israel would be responsible under international law for these internationally wrongful actions carried out by its agents,” the report states.
It adds: “From the facts ascertained, the Mission finds that the conduct of the Israeli armed forces in these cases would constitute grave breaches of the Fourth Geneva Convention in respect of wilful killings and wilfully causing great suffering to protected persons and as such give rise to individual criminal responsibility.”
Israeli forces denied medical emergency services access to the wounded, the report notes. “In the case of Iyad al-Samouni, finally, the relatives who wanted to assist him were threatened with being shot themselves.”
Goldstone’s report also recalls that “In all circumstances [the wounded] shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. …”
“The facts ascertained by the Mission establish that in the incidents investigated the Israeli armed forces did not use their best efforts to provide humanitarian organizations access to the wounded. On the contrary, the facts indicate that, while the circumstances permitted giving access, the Israeli armed forces arbitrarily withheld it.
“On this basis, the Mission finds a violation of the obligation under customary international law to treat the wounded humanely.”
The section on Iyad’s family concludes: “The conduct of the Israeli armed forces amounted to violations of the right to life where it resulted in death, and to a violation of the right to physical integrity, and to cruel and inhuman treatment in other cases.”
Saber, patience
In Gaza | January 3, 2010
“I haven’t been on my land since we harvested the wheat last August. It’s too dangerous. There was an Israeli operation here yesterday…6 tanks and 4 bulldozers. I could see them from my rooftop in the village, but didn’t know if they’d destroyed my land.”
Abdul Nasser Abu Taima has 15 dunams of agricultural land roughly 400 m from the Green Line border dividing Gaza and Israel. Until a few years ago, he had a home on and lived off the land. Israeli bulldozers destroyed his house and razed his land.
“That was our home,” he says, picking up a piece of piping with a chunk of foundation still attached, chucking it onto the pile.
“I get so upset when I come to my land and see how beautiful it is, remember how well we lived off of it…and realize that now my children and I can’t live here.”
Although Abu Taima’s land is technically outside of the Israeli-imposed “buffer zone” – an area of 300m running along the Green Line border from south to north –he and the other farmers in the region are still subject to danger by their mere presence near the “buffer zone”. Israeli authorities reserve the right to shoot at anyone within 300 metres of the fence, but in practice shoot far beyond 300 m, up to as much as nearly 2 km.
“Whenever we work on our land, we know the Israelis can shoot at us. They say it’s for security, because there is danger. But where’s the danger? What’s the problem? They know who we are, they can see us.”
His regret is amplified by the bitter observation that on the other side of the Green Line, Israeli tractors work the land, crops grow, and water exists in comparative abundance. Lines of un-razed trees provide a stark contrast to the now olive, nut and fruit tree-devoid land on the Palestinian side.
“We will still plant on our land. But we’ve got to wait for the heavy rains. All the water sources –the wells, the cisterns—were destroyed by Israeli bulldozers or shelling. Now we can only wait for rain.”
This year the rain is late in coming. Aside from a scant few days of showers, it has been dry, and the land remains parched and un-worked.
“We usually plant in November, or at least December. January is the latest we can plant our wheat. After that, there’s no point.”
The only thing growing now are the hardy cactus plants –saber, in Arabic. Abu Taima cuts a number of the prickly, bright pink-orange fruits and puts them in a bag. He stoops down and rips our handfuls of tall grass.
We walk, and he turns repeatedly to survey his land. “Mish hada haram? Mish haram?” he asks? Isn’t it shameful, outrageous, that he can’t work his land, that the land lies unused in a Strip that is in want of cheap, fresh wheat, for a family that is in want of a source of income and nutrition?
He stops, dumps the cactus fruits on the ground and, rolling them with the tall grass, begins cleaning them of their prickly needles.
The fruit is refreshing, mildly sweet.
“We used to give tea to the Israeli soldiers. Sure, there were always problems with the occupation… but still, we could live here on the land, farm here, without this kind of danger.”
Walking up the dirt lane, we pass a farmer tending his pea and bean crops. “He’s connected to a line from Khan Younis. That’s why he can farm his land,” Abu Taima explains.
The farmer sees us and greets us with a smile. “Wait a few minutes, I’ll bring you some peas.”
As he harvests, Abu Taima explains, “even here, this is maybe 600 metres from the fence. But even here they are shot at… from Israeli jeeps, from the guard towers, from the remote-controlled towers.”
The farmer returns laden with peas and beans, crisp, sweet, fresh.
“My children help me on the land. You know, the Israelis even shoot when they are with me. The Israelis see the children, but they still shoot.”
He also remembers a better relationship with the occupying soldiers.
“They’d come to my land and I’d give them watermelons, vegetables. Now there’s no interaction. They just shoot at us from far away.”
The nearest remote-controlled tower is open. The machine gun within is capped by a dome which ironically opens to a lotus-shape when the gun is ready to fire.
“I’ve got 18 people in my family. This actually isn’t our land. Our own land is right next to the fence, so we can’t go there any more. Now I rent land, pay $2500 a year to use it. During the Israeli war last year the Israelis destroyed my piping, my hothouses, so I had to replace that too.”
We leave, amble along on Abu Taima’s tractor past destroyed homes, cisterns, and largely-vacant land.
Abu Taima has saber: patience. He will return when the rains come.
US general urges strip search of Muslim men
Press TV – January 3, 2010 – 17:51:55 GMT
A retired US general and member of Iran Policy Committee (IPC) says all 18 to 28 years old Muslim men should be strip searched at airports as “one of these bombers” will explode an airliner in the coming days.
Thomas McInerney, a retired Lt. Genera with the US Air Force, told Fox News television on Saturday that within the next 30 to 120 days, “there is a danger of high probability” awaiting US airliners.
“If you are an 18 to 28-year-old Muslim man then you should be strip searched. And if we don’t do that there’s a very high probability we’re going to lose an airline,” he said.
The retired general went on to say that US officials should profile all Muslims. “We have to use profiling. And I mean be very serious and harsh about the profiling.”
Asked if such a racial approach would not “generate more hatred and violence towards the West,” McInerney said he did not want “a racial profile.”
“I want to profile on that group that we have enough evidence from 9/11, and other [high-profile] cases that we know what we are looking at,” he said.
The suggestions made by the US retied general comes on the heels of a purported bomb attack on a US transatlantic airliner on Christmas Day by Umar Farouk Abdulmutallab, a Nigerian who allegedly received al-Qaeda training in Yemen.
Lawmakers and congressional leaders in the US have echoed similar sentiments by urging President Obama abandon or suspend his plan to shutter the Guantanamo Bay Prison.
Around half of the remaining Gitmo detainees are from Yemen, and of those, about 40 have been cleared for release.
UK to follow US intervention in Yemen
Press TV – January 3, 2010
The British premier’s office says that Prime Minister Gordon Brown and US President Barack Obama have agreed to fight what they call terrorism in Yemen and Somalia.
The UK and the US have agreed to fund a counter-terrorism police unit in Yemen to tackle what they deem the rising threat from the country.
The US has been involved in war in Yemen by sending its special forces to train the Yemeni military and conducting air raids in both northern and southern parts of the Middle Eastern country.
Obama order
On December 18, ABC News quoted anonymous administration officials as saying that US Nobel Peace Prize laureate President Barack Obama ordered the US military to launch air strikes on Yemen.
Upon Obama’s orders, the military warplanes on December 17 blanketed two camps north of the Yemeni capital, Sana’a, claiming that “an imminent attack against a US asset was being planned.” The attacks killed scores of civilians, according to Yemeni opposition groups.
Fighting in the north
US military intervention in Yemen comes at a time that the country’s army with full support from Saudi Arabia has been fighting with Shia Houthi fighters in northern parts of the country.
Houthi fighters say both Saudi and US fighter jets have been involved in bombing Shia villages, inflicting heavy civilian casualties. Earlier, the fighters had expressed full readiness for dialogue with the Yemeni government.
The Houthis say they will turn to talks if the Yemeni and Saudi military halt their attacks against them.
The conflict in northern Yemen began in 2004 between Sana’a and Houthi fighters. Relative peace had returned to the region for a period before August 11, when the Yemeni army launched a major offensive, dubbed Operation Scorched Earth, against Sa’ada Province.
The government claims that the fighters, who are named after their leader Abdul Malik al-Houthi, seek to restore the Shia imamate system, which was overthrown in a 1962 military coup.
The Houthis, however, say they are defending their people’s civil rights, which the government has undermined under pressure from Saudi-backed Wahhabi extremists. Shias, who form the clear majority in the north, make up approximately half of Yemen’s overall population.
The United Nations, which according to its charter is set up “to take effective collective measures for the prevention and removal of threats to peace, and for the suppression of acts of aggression or other breaches of the peace,” has failed to adopt any concrete measures to help end the bloody war.
US war on terror
The latest alleged front against al-Qaeda in Yemen is opened more than eight years after the US-led invasion of Afghanistan which was said to be aimed at eradicating militancy and the arrest of main militant leaders including Osama Bin Laden.
According to UN figures, Afghan civilians have been the main victims of the controversial war.
Boy watches U.S. forces shoot father in head
By Dave Markland | January 1, 2010
Recent reports indicate that a new stage may have been reached in the war in Afghanistan. Secret operations of CIA and special forces appear to have stepped up their infamous night raids, which have induced fear in much of the local population.
We saw in a blog post a few weeks ago that up to 15 civilians in Laghman were killed in a ground forces operation apparently carried out under NATO command. NATO itself, after initial denials, appeared to acknowledge civilian casualties, but was characteristically vague about it.
Now, according to the article below, it seems that the attack-cum-massacre was carried out at night and, according to locals, perpetrated by US special forces on the ground. (The Washington Post, however, mistakenly reported as late as Dec 30 that the attack was an airstrike.)
US forces ‘like to kill us’
Sayed Karim – The National
December 28. 2009… According to witnesses, US troops entered a number of houses near the provincial capital, Mehtar Lam, in an overnight operation [on Dec 7/8]. The victims included Mohammed Ismail, whose 10-year-old son, Rafiullah, described what happened: “When the soldiers came to our house, my father asked them, ‘Who are you?’ Then they shot him in the head and told us, ‘Be quiet and tell us where the weapons are’.”
Said Ahmad Safi, a spokesman for Laghman’s governor, said insurgents had previously staged attacks against officials and foreign troops in the area. He acknowledged that 12 people – including a woman – had apparently died in the raid, which locals reported was carried out by US Special Forces…
Discontent with the government and the occupation has inevitably fuelled support for the Taliban among the local population. Despite still being relatively secure compared with much of eastern Afghanistan, there has been growing rebel activity here in recent months as the insurgents edge closer and closer to neighbouring Kabul…
Gulzar Sankerwal, chairman of the provincial council, said: “The Taliban do not fight face to face. This is guerrilla fighting so if more troops arrive, they will not solve the problem. When the commander in Kabul asked Obama for the extra troops, he knew the USA would end up with one achievement, and that is more civilian casualties.” … (link)
Note that in spite of (and because of) the two Obama-ordered troop surges, the insurgency continues to spread, moving closer to Kabul.
So it turns out that the deaths occurred in a nighttime raid, one of what appears to be an increasing number of such operations. The Dec 7/8 disaster was recently repeated in Kunar on Dec 27 and again in Baghlan on Dec 28/29 – an incident which has gone largely unnoticed in the media, though it has now been overshadowed by the Dec 30 incident in Helmand – a daytime missile strike by NATO forces. AFP has more on the Dec 27 Kunar incident:
Nato’s International Security Assistance Force (ISAF) had no information on any operations or casualties in Kunar.
A senior Western military official told AFP that US special forces have been conducting operations against militants in the border regions of Kunar.
“They have been killing a lot of Taliban and capturing a lot of Taliban,” he said.
The operations were conducted independently of ISAF, which number more than 110,000 fighting to eradicate the Taliban, he said… (link)
And yet that may not be the end of the intriguing details. While locals in Kunar say the 8 teenagers were killed in a US special forces raid, AFP reports that they may have been CIA operatives:
NATO forces have disputed the results of the Afghan probe, saying the foreigners involved were non-military Americans on a sanctioned operation who fired in self-defence after being shot at by villagers. (link)
US special forces like the Green Berets or Navy Seals are military personnel while CIA officers are not. Of course, neither are mercenaries such as Blackwater. It seems possible that “non-military Americans” could refer to either CIA or mercs.
In all likelihood, the recent spate of nighttime raids were undertaken by a mix of CIA, special forces and perhaps mercenaries. CIA agents are known to work alongside special forces in Afghanistan and recent reports about Blackwater revealed their involvement in CIA operations there.
Finally, the recent attack in Baghlan, courtesy of the Afghan press since few if any western media reported the incident:
‘Four civilians killed in Baghlan air raid’
Habib Rahman Sherzai – Dec 29, 2009PUL-I-KHUMRI (Pajhwok) – Four civilians have reportedly been killed and eight others wounded in a fresh air strike by foreign forces in northern Baghlan province, residents alleged on Tuesday.
The overnight attack took place in Kohna Qala area of Baghlan-i-Markazi district, residents told Pajhwok Afghan News…
In the last night air raid, the dead included a father and his three sons, who were killed while running to escape the bombardment, a teacher at the Jamiat Aburjaee High School in the area, Karim Safi, told Pajhwok Afghan News. A student of the school, Karim Javed, said that the air raid also left many people wounded including a student of his school.
Head of the district hospital, Abdul Qahir Qanit, said they had received eight injured people delivered to the hospital with a woman and a child in a critical condition… (link)
44 US drone hits in Pakistan killed 700 civilians in 2009
The Peninsula | January 2, 2010
PESHAWAR: Of the 44 Predator strikes carried out by the American drones in the tribal areas of Pakistan in 12 months of 2009, only five were able to hit their actual targets, killing five key Al Qaeda and Taliban leaders, but at the cost of around 700 innocent civilian lives.
According to the figures compiled by the Pakistani authorities, the Afghanistan-based US drones killed 708 people in 44 predator attacks targeting the Pakistani tribal areas between January 1 and December 31, 2009. For each Al Qaeda and Taliban terrorist killed by the American drones, 140 civilian Pakistanis also had to die. Over 90 percent of those killed in the deadly missile strikes were innocent civilians.
The success percentage for the drone hits during 2009 is hardly 11 percent. On average, 58 civilians were killed in these attacks every month, 12 persons every week and almost two people every day. Most of the hits were conducted on the basis of human intelligence, reportedly provided by the Pakistani and Afghan tribesmen, who are spying for the US-led allied forces in Afghanistan.
Of the five successful predator attacks carried out in 2009, the first one came on January 1, which reportedly killed two senior al-Qaeda leaders – Usama al-Kin and Sheikh Ahmed Salim, both wanted by the American Federal Bureau of Investigation (FBI). Kin was the chief operational commander of Al Qaeda in Pakistan and had replaced Abu Faraj Al Libi after his arrest in 2004.
The second successful drone attack was conducted on August 5 in South Waziristan that killed the most wanted fugitive chief of the Tehrik-e-Taliban Pakistan Baitullah Mehsud along with his wife. The US State Department had announces a $5m head money for information leading to Baitullah , making him the only Pakistani fugitive with the head money separately announced by Islamabad and Washington.
Israeli forces attack Gaza Strip
Press TV – January 1, 2010 23:36:23 GMT
Israeli warplanes and tanks have carried out attacks across the Gaza Strip, damaging residential areas and leaving four Palestinians wounded.
The airstrikes which targeted residential areas in northern and central Gaza Strip, caused panic among children in the region, a Press TV correspondent reported on Friday.
Witnesses said Israeli F16 fighters fired two missiles and Israeli tanks fired two shells that landed at empty areas east and northeast of Gaza City, DPA reported.
Local ambulances took the wounded from eastern Gaza to hospital for medical treatment, according to medical sources.
An Israeli army spokesman confirmed the attacks, but gave no further details, AFP reported.
Following the airstrikes, Israeli warplanes were still hovering about the strip, a Press TV correspondent reported.
The attacks were reminiscent of Israel’s three-week-long onslaught on the Gaza Strip, which was launched in late December 2008 and continued into the New Year.
More than 1,400 Palestinians were killed during the 2008-2009 Israeli land, sea and air offensive in the Gaza Strip which also devastated a large part of the infrastructure, inflicting about USD 2 billion in damage on the Gazan economy.




