In a peremptory statement released today, representatives of all EU member states declared that they consider the route of the separation wall built on Palestinian land to be illegal, and that, as Abu Rahmah was "a human rights defender" participating in peaceful protests against this wall, and that they are concerned about his recent sentence of 12 months in prison by an Israeli military court.
The EU recognized the necessity of human rights defenders in promoting human rights, and stated that EU Member States followed the case closely, and regret Abu Rahmah's imprisonment.
Immediately following Abu Rahmah's initial conviction on August 24th, EU representatives and The European Union's High Representative for Foreign Affairs and Security Policy, Catherine Ashton, strongly condemned his conviction. Ashton said at that time, "The High Representative is deeply concerned that the possible imprisonment of Mr Abu Rahmah is intended to prevent him and other Palestinians from exercising their legitimate right to protest against the existence of the separation barriers in a non violent manner."
"The EU's continued public support is important, but it must also be translated into real and concrete pressure on Israel," said Mohammed Khatib, secretary of the Bil'in Village Council. "While Israel continues to oppress Palestinians protesters and grassroots organizers under the guise of enforcing law in military courts, it is still embraced by the international community. While Abdallah languishes in Jail the OECD will convene in Jerusalem", he added.
Full Statement:
Jerusalem, 20 October 2010
Statement by the EU Representatives to the Palestinian Authority and the EU Consul Generals in Jerusalem on the sentence of Abdallah Abu Rahma:
"The EU Representatives to the Palestinian Authority and the EU Consul Generals in Jerusalem are concerned by the 12 months sentence to prison of Abdallah Abu Rahma on 11 October by an Israeli military court. The EU considers Abdallah Abu Rahma a human rights defender who has protested in a peaceful manner against the route of the Israeli separation barrier through his village of Bil'in.
The EU considers the route of the barrier where it is built on Palestinian land to be illegal. The EU supports the key role of human rights defenders in promoting and furthering of human rights. The EU Member States and the EU Representative's office have followed this case closely, attending all of Abdallah Abu Rahma's hearings. In this context, as already expressed in a spokesperson's statement of High Representative Catherine Ashton on 25 August, we regret the sentence of Abdallah Abu Rahma."
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Background
Abu Rahmah, the coordinator of the Bil'in Popular Committee Against the Wall and Settlements, was arrested last year by soldiers who raided his home at the middle of the night and was subsequently indicted before an Israeli military court on unsubstantiated charges that included stone-throwing and arms possession. Abu Rahmah was cleared of both the stone-throwing and arms possession charges, but convicted of organizing illegal demonstrations and incitement.
An exemplary case of mal-use of the Israeli military legal system in the West Bank for the purpose of silencing legitimate political dissent, Abu Rahmah's conviction was subject to harsh international criticism. The EU foreign policy chief, Catherine Ashton, expressed her deep concern "that the possible imprisonment of Mr Abu Rahma is intended to prevent him and other Palestinians from exercising their legitimate right to protest[...]", after EU diplomats attended all hearings in Abu Rahmah's case. Ashton's statement was followed by one from the Spanish Parliament.
Renowned South African human right activist, Archbishop Desmond Tutu, called on Israel to overturn Abu Rahmah's conviction on behalf of the Elders, a group of international public figures noted as elder statesmen, peace activists, and human rights advocates, brought together by Nelson Mandela. Members of the Elders, including Tutu, have met with Abu Rahmah on their visit to Bil'in prior to his arrest.
International human rights organizations Amnesty International condemned Abu Rahmah's conviction as an assault on the right to freedom of expression. Human Rights Watch denounced the conviction, pronouncing the whole process "an unfair trial".
Legal Background
Abu Rahmah, the coordinator of the Bil'in Popular Committee Against the Wall and Settlements, was acquitted of two out of the four charges brought against him in the indictment - stone-throwing and a ridiculous and vindictive arms possession charge. According to the indictment, Abu Rahmah collected used tear-gas projectiles and bullet cases shot at demonstrators, with the intention of exhibiting them to show the violence used against demonstrators. This absurd charge is a clear example of how eager the military prosecution is to use legal procedures as a tool to silence and smear unarmed dissent.
The court did, however, find Abu Rahmah guilty of two of the most draconian anti-free speech articles in military legislation: incitement, and organizing and participating in illegal demonstrations. It did so based only on testimonies of minors who were arrested in the middle of the night and denied their right to legal counsel, and despite acknowledging significant ills in their questioning.
The court was also undeterred by the fact that the prosecution failed to provide any concrete evidence implicating Abu Rahmah in any way, despite the fact that all demonstrations in Bil'in are systematically filmed by the army.
Under military law, incitement is defined as "The attempt, verbally or otherwise, to influence public opinion in the Area in a way that may disturb the public peace or public order" (section 7(a) of the Order Concerning Prohibition of Activities of Incitement and Hostile Propaganda (no.101), 1967), and carries a 10 years maximal sentence.