By Popular Struggle Coordination Committee: 20 February 2012
Bassem Tamimi from Nabi Saleh testified yesterday as part of the defense’s case in the ongoing trial against him. Tamimi, suspected of protest related charges, was arrested on March last year, and remains in detention since.
A short video with archive footage and an interview with Tamimi held shortly before his arrest. Video by Popular Strugge Coordination Committee
After 11 months in an Israeli jail, Bassem Tamimi, a prominent Palestinian activist from Nabi Saleh, was given a chance to plead his case before the military court in regards to the allegations against him, denying them in full while owning up to his and his village’s struggle against the Occupation and the theft of their lands. Tamimi, who was recognized by the European Union as a human rights defender last year, said, “International law gives us the right to peaceful protest, to demonstrate our refusal of the policies that hurt us, our daily life and the future of our children”.
Tamimi began his testimony by telling of his past experience in Israeli prisons and interrogation rooms. He recounted how he was tortured so badly by the Israeli Shin Bet in 1993 that he suffered a severe Intracranial hemorrhage which left him unconscious for a week and partially paralyzed.
He then continued to explain the reason behind the Nabi Saleh protests, saying “I do not know and do not care if they are permitted by your law, as it was enacted by an authority I do not recognize”. He narrated how the settlers from the nearby Halamish continuously took over lands belonging to his village since the 1970s abetted by the army and how, when villagers tried to prevent the latest attempts to seize their lands, the Israeli army exerted repression tactics against them. “Every time we try to help them work the land, before we reach it, they disperse us using rubber bullets, tear gas and using excessive force. This is what happens every Friday”, he said.
Based on coerced statements extracted unlawfully by the Israeli police from two minors, Tamimi is charged with organizing his village of 500 people in a formation of 11 battalions and assigning them different roles during the demonstrations. When asked of his reply to the charges against him Tamimi answered, This is ridiculous and makes no sense, how stupid would I be to try and organize a 500 people village in 11 battalions [...] If indeed there were such battalions how come the Shin Bet or anyone else did not continue the investigation and arrests after mine was carried out? No one continued to look into this issue to try and dismantle this ‘army’ of mine”, he cynically remarked. “True justice would not have me stand here before this court at all, let alone while I am imprisoned and shackled. This case is baseless and made up with the sole goal of putting me behind bars [...]“, he continued.
During the course of Tamimi’s trial, new evidence has emerged, including proof of systematic violations of Palestinian minors’ rights during police interrogations, as well as first hand verification given by a military commander of disproportional use of force by the army in response to peaceful demonstrations.
Legal background On March 24th, 2011, a massive contingent of Israeli Soldiers raided the Tamimi home at around noon, only minutes after he entered the house to prepare for a meeting with a European diplomat. He was arrested and subsequently charged.
The main evidence in Tamimi’s case is the testimony of 14 year-old Islam Dar Ayyoub, also from Nabi Saleh, who was taken from his bed at gunpoint on the night of January 23rd. In his interrogation the morning after his arrest, Islam alleged that Bassem and Naji Tamimi organized groups of youth into “brigades”, charged with different responsibilities during the demonstrations: some were allegedly in charge of stone-throwing, others of blocking roads, etc.
During a trial-within-a-trial procedure in Islam’s trial, motioning for his testimony to be ruled inadmissible, it was proven that his interrogation was fundamentally flawed and violated the rights set forth in the Israeli Youth Law in the following ways:
- The boy was arrested at gunpoint in the dead of night, during a violent military raid on his house.
- Despite being a minor, he was denied sleep in the period between his arrest and questioning, which began the following morning and lasted over 5 hours.
- Despite being told he would be allowed to see a lawyer, he was denied legal counsel, although his lawyer appeared at the police station requesting to see him.
- He was denied his right to have a parent present during his questioning. The testimony of one of his interrogators before the court suggests that he believes Palestinian minors do not enjoy this right.
- He was not informed of his right to remain silent, and was even told by his interrogators that he “must tell of everything that happened.”
- Only one of four interrogators who participated in the questioning was a qualified youth interrogator.
The audio-visual recording of another central witness against Tamimi, 15 year-old Mo’atasem Tamimi, proves that he too was questioned in a similarly unlawful manner.
The audio-visual recording of another central witness against Tamimi, 15 year-old Mo’atasem Tamimi, proves that he too was questioned in a similarly unlawful manner and was led to believe that implicating others, may earn him a more lenient treatment. The boy was told, numerous times, “Tell us what happened [...] and who in the village incited you to throw stones. [...] (shouting) you were incited! You…. you are a young boy, Incited by people. Grownups, we know. It’s the grownups who incite you, right?”
Since the beginning of the village’s struggle against settler takeover of their lands in December of 2009, the army has conducted more than 80 protest related arrests. As the entire village numbers just over 500 residents, the number constitutes approximately 10% of its population.
Tamimi’s arrest corresponds to the systematic arrest of civil protest leaders all around the West Bank, as in the case of the villages Bil’in and Ni’ilin.
In a recent, nearly identical case, the Military Court of Appeals has aggravated the sentence of Abdallah Abu Rahmah from the village of Bilin, sending him to 16 months imprisonment on charges of incitement and organizing illegal demonstrations. Abu Rahmah was released on March 2011.
The arrest and trial of Abu Rahmah has been widely condemned by the international community, most notably by Britain and EU foreign minister, Catherin Ashton. Harsh criticism of the arrest has also been offered by leading human rights organizations in Israel and around the world, among them B’tselem, ACRI, as well as Human Rights Watch, which declared Abu Rahmah’s trial unfair, and Amnesty International, which declared Abu Rahmah a prisoner of conscience.
Personal Background Bassem Tamimi is a veteran Palestinian grassroots activist from the West Bank village of Nabi Saleh, north of Ramallah. He is married to Nariman Tamimi, with whom he fathers four children – Wa’ed (14), Ahed (10), Mohammed (8) and Salam (5).
As a veteran activist, Tamimi has been arrested by the Israeli army 11 times to date, though he was never convicted of any offense. Tamimi spent roughly three years in administrative detention, with no charges brought against him. Furthermore, his attorney and he were denied access to “secret evidence” brought against him.
In 1993, Tamimi was falsely arrested on suspicion of having murdered an Israeli settler in Beit El – an allegation of which he was cleared of entirely. During his weeks-long interrogation, he was severely tortured by the Israeli Shin Bet in order to draw a coerced confession from him. During his interrogation, and as a result of the torture he underwent, Tamimi collapsed and had to be evacuated to a hospital, where he laid unconscious for seven days. As a result of the wounds caused by torture, Tamimi was partially paralyzed for several months after his release from the hospital.
At the opening of his trial on June 5th, Tamimi pleaded “not guilty” to all charges against him, but proudly owned up to organizing protest in the village. In a defiant speech before the court he said, “I organized these peaceful demonstrations to defend our land and our people.” Tamimi also challenged the legitimacy of the very system which trys him, saying that “Despite claiming to be the only democracy in the Middle East you are trying me under military laws [...] that are enacted by authorities which I haven’t elected and do not represent me.” (See here for Tamimi’s full statement).
The indictment against Tamimi is based on questionable and coerced confessions of youth from the village. He is charged with’ incitement’, ‘organizing and participating in unauthorized processions’,’ solicitation to stone-throwing’, ‘failure to attend legal summons’, and a scandalous charge of ‘disruption of legal proceedings’, for allegedly giving youth advice on how to act during police interrogation in the event that they are arrested.
The transcript of Tamimi’s police interrogation further demonstrates the police and Military Prosecution’s political motivation and disregard for suspects’ rights. During his questioning, Tamimi was accused by his interrogator of “consulting lawyers and foreigners to prepare for his interrogation”, an act that is clearly protected under the right to seek legal counsel.
As one of the organizers of the Nabi Saleh protests and coordinator of the village’s popular committee, Tamimi has been the target of harsh treatment by the Israeli army. Since demonstrations began in the village, his house has been raided and ransacked numerous times, his wife was twice arrested and two of his sons were injured; Wa’ed, 14, was hospitalized for five days when a rubber-coated bullet penetrated his leg and Mohammed, 8, was injured by a tear-gas projectile that was shot directly at him and hit him in the shoulder. Shortly after demonstrations in the village began, the Israeli Civil Administration served ten demolition orders to structures located in Area C, Tamimi’s house was one of them, despite the fact that part of the house was built in 1965 and the rest in 2005.