- On April 21, 2011 at 2:00AM, Israeli soldiers arrested
Qatamesh at his brother's Ramallah home.
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- An hour earlier, his wife (Suha), daughter (Hanin), and
two female relatives were held hostage to force his surrender.
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- At gunpoint, they forced Hanin to call him. When connected,
a soldier threatened to hold his family hostage and destroy his house if
he didn't surrender.
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- On May 2, in an Electronic Intifada article, Hanin recounted
her ordeal, saying:
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- After breaking in and occupying their home, "(t)hey
pointed their machine guns at us and told us they wanted to search the
house."
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- "After a futile search, the soldiers went to the
apartment right above ours whose owners - US citizens - were away. They
knocked down the main door and wrecked the place."
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- "They confiscated our phones, disconnecting us from
the outside world....The commander forced me at gunpoint to call my father....He
then grabbed my phone and shouted at him, 'Surrender yourself or we'll
destroy the house!' "
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- "Perhaps the most important principle that I learned
from my dad was never to allow obstacles to keep me from realizing my dreams.
I will continue to dream of Palestinian freedom. Along the way, I will
continue to expose the brutality of Israel's occupation and our land -
and houses."
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- Qatamesh's wife Suha said:
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- "It's so clear that he is there because of his ideas
and political activism. He is a prisoner of conscience and he is there
because of political reasons."
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- After arrest, he was taken to Ofer detention center in
Beitunia.
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- At the time, the Addameer Prisoner Support and Human
Rights Association expressed grave concern, saying:
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- "not only because (it's) motivated by his political
opinions and beliefs and as such should be considered a case of arbitrary
detention, but also because (he's) been (targeted by) Israeli authorities
before on numerous occasions, notably" for long incarcerations without
charge.
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- Addameer later composed an undated letter to Netanyahu,
Attorney General Menachem Mazuz, and other Israeli officials on his behalf
for supporters to sign and use. In part it says:
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- "I am writing to express my strong concerns regarding
Ahmad Qatamish's administrative detention, which violates international
human rights and humanitarian law."
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- "Mr. Qatamish, a renowned and respected Palestinian
author and political scientist, has been held in administrative detention
since 3 May 2011 despite a number of irregularities with his detention
that should provide sufficient ground to invalidate" it.
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- It ended saying:
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- "I therefore urge you to intervene in this matter
without delay and:
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- Immediately and unconditionally release" him;
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- "Immediately put an end to Israel's practice of
administrative detention and arbitrary arrests;
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- At all times ensure strict respect for international
human rights and humanitarian law during arrests and detention in the occupied
Palestinian territory."
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- More on Israel's abusive administrative detentions below.
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- Speaking on his behalf, Palestinian activist Mustafa
Barghouti called Israel's arrest "a shameless attempt at muzzling
him in an unjustifiable attack on his freedom of expression."
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- Gerarda Ventura, Euromed Platform of NGOs vice president,
called him "one of the most sensitive and intellectual people I have
ever met," especially in the struggle for "freedom, justice and
peace."
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- A distinguished writer, scholar, academic, lecturer and
activist, Qatamish earned his doctorate in political science. He wrote
several books on political, philosophical and literary topics, and spoke
often at local universities and research centers.
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- In 2010, he taught at Al-Quds University in Jerusalem,
the only Arab institution of higher learning in the divided city.
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- His ordeal began in 1969 when he was detained a few months,
then released. In 1972, he was arrested again and imprisoned for four years.
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- Until 1992, he went underground to stay free until September
when he was again arrested and administratively detained for the next five
and half years. At the time, he was Israel's longest ever uncharged detainee.
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- In prison, he was tortured and abused for weeks. Israel
called him a "dangerous" national leader. Later he documented
his ordeal in prison notes called "I Shall not Wear Your Tarboush."
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- On September 9, 2011, an Amnesty International (AI) "URGENT
ACTION" said:
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- Qatamesh "received a new six-month administrative
detention order on 2 September. The military review of the order has been
postponed; he remains in detention and cannot appeal until the review takes
place."
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- AI "is concerned that (he) may be detained solely
for the peaceful expression of his political views, in which case the organization
would consider him a prisoner of conscience."
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- "Amnesty urges that action be taken....before 21
October 2011 by sending appeals to Israeli military authorities and diplomatic
representatives."
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- Since detained last April, he's faced numerous delays,
irregularities, and other obstructions to keep him isolated. Shin Bet (the
Israel Security Agency) claims secret evidence justifies it.
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- At issue is his outspoken activism, not evidence about
alleged crimes. Nonetheless, Israel can hold him indefinitely to silence
him.
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- Abusive Israeli Administrative Detentions
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- Those held are denied due process. They may be held indefinitely,
aren't told why, can't dispute it, cross-examine witnesses, or present
contradictory evidence to refute them.
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- Four Israeli entities have decision-making authority:
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- Shin Bet (the Israel Security Agency);
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- the military commander in charge;
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- the military's prosecutor's office; and
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- military judges who adjudicate cases.
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- Three Israeli laws authorize detentions:
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- the Order Regarding Administrative Detention; it's part
of military law governing the West Bank;
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- the Emergency Powers (Detentions) Law for Israel; and
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- the Internment of Unlawful Combatants Law (the 2002 Unlawful
Combatants Law).
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- America has a similar one Law Professor Francis Boyle
once called a:
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- "quasi-category universe of legal nihilism where
human beings can be disappeared, detained incommunicado, denied access
to attorneys and regular courts, tried in kangaroo courts, executed, tortured,
assassinated and subjected to numerous other manifestations of State Terrorism."
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- Prior to detention, the ISA or police conduct interrogations,
lasting from a few days to a few weeks. If no indictment follows, the military
commander decides whether or not to detain and for how long. A judge must
then approve it.
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- Each order lasts six months, sometimes three, but can
be indefinitely renewed so can last years in Israeli Prison Service (IPS)
facilities.
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- Most detainees are held pursuant to individual administrative
orders under the West Bank's Administration Detention Order. It lets commanders
order detentions based on a "reasonable (belief) that the security
of the region or public security" is at issue.
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- As a result, prolonged arbitrary detentions are common,
grievously breaching international law. Article 9 of the International
Covenant on Civil and Political Rights states:
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- "Everyone has the right to liberty and security
of person. No one shall be subjected to arbitrary arrest or detention.
No one shall be deprived of his liberty except on such grounds and in accordance
with such procedures as are established by law."
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- Anyone who is arrested shall be informed, at the time
of arrest, of the reasons for his arrest and shall be promptly informed
of any charges against him.
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- Anyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings before a court, in order that that
court may decide without delay on the lawfulness of his detention and order
his release if the detention is not lawful."
-
- Although exceptions are permitted when public emergencies
threaten national security, Israel abusively violates international law,
including Fourth Geneva's Article 78 stating:
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- "If the Occupying Power considers it necessary,
for imperative reasons of security, to take measures concerning protected
persons, it may, at the most, subject them to assigned residence or to
internment.
-
- Decisions regarding such assigned residence or internment
shall be made according to a regular procedure to be prescribed by the
Occupying Power in accordance with the provisions of the present Convention.
This procedure shall include the right of appeal (decided on) with the
least possible delay. (If it's upheld), it shall be subject to periodical
review...."
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- Acting arbitrarily to silence dissent, Israel spurns
international law and norms. Detentions without charge normally last six
months in Israeli territory.
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- Subject to bi-annual reviews, however, military judges
can order detainees held indefinitely. Decisions may be appealed to Israel's
Supreme Court, but rarely does it intervene.
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- Administrative detentions never substitute for customary
criminal proceedings. Their purpose is only to prevent future lawless acts.
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- Moreover, detained Palestinians held are protected persons.
International law prohibits transferring them to Israeli territory or holding
them indefinitely uncharged.
-
- Nonetheless, Israel systematically, abusively, and repeatedly
flaunts international law with impunity, including by imprisoning some
of Palestine's most heroic figures like Qatamish.
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- It's done to silence and intimidate anyone challenging
Israeli lawlessness.
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- Israel doesn't have enough prison space for them all
or their growing millions of global supporters.
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- Stephen Lendman lives in Chicago and can be reached at
lendmanstephen@sbcglobal.net.
-
- Also visit his blog site at sjlendman.blogspot.com and
listen to cutting-edge discussions with distinguished guests on the Progressive
Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central
time and Saturdays and Sundays at noon. All programs are archived for easy
listening.
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- http://www.progressiveradionetwork.com/the-progressive-news-hour/.
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