Tag Archives: israeli courts

In Israel, Non-Violent Solidarity Activist Goes to Prison, Anti-Gay Terrorist Gets Community Service

Jonathan Pollak, bearing a Steve Biko t-shirt, awaits his sentence in a Tel Aviv court

Jonathan Pollak, bearing a Steve Biko t-shirt, awaits his sentence in a Tel Aviv court

On December 27, Anarchists Against the Wall co-founder Jonathan Pollak was slapped with a three month prison sentence for illegal assembly. He was convicted by an Israeli magistrate judge for his participation in a January 2008 Critical Mass bike ride through the streets of Tel Aviv in protest of Israel’s brutal military assault on the Gaza Strip. Though Pollak was offered community service, he accepted prison time because he was convinced that he had done nothing wrong.

The day before Pollak was sentenced, an Israeli judge handed down a sentence of six months of community service to Michael Naky. Naky’s crime? He helped devise and detonate a pipe bomb in order to kill as many homosexuals as possible at the 2007 Jerusalem gay pride parade.

In a single day in Israel’s kangaroo courts, a right-wing terrorist was sentenced to a few months of street cleaning while a non-violent activist dedicated to stopping the occupation was jailed under the most specious charges. And while Pollak’s sentencing was reported with great fanfare in Israel’s major papers, Naky’s passed below the radar (Yedioth devoted just six lines). The contrast in punishments represented just another symptom of a sick society unwilling to face the Molock in the mirror.

The state has made little effort to disguise the political nature of Pollak’s prosecution. He was not a ringleader of the Critical Mass protest, nor did he behave in an unusual manner. He simply rode his bike slowly, disrupting the normal flow of traffic along with dozens of demonstrators. However, the police recognized him as a prominent organizer of unarmed protests against the Israeli military repression in the West Bank, singled him out and arrested him.

I have documented Pollak’s actions at protests across the West Bank, where he spends most of his weekends, and I witnessed the respect he has earned from the residents of besieged Palestinian villages who count on him as their liaison to the outside world — a realm that the state of Israel has largely forbidden them from interacting with. Last summer, Pollak helped me gain entry into Ofer Military Prison to witness the show trials of Palestinian popular committee members who organize the unarmed protests against the Israeli segregation wall. He has done the same for numerous European diplomats, including British Foreign Secretary William Hague, who declared after a harrowing tour of the Israeli Occupation that Pollak helped arrange: “Popular resistance to the Occupation is the sole remaining possible alternative for the Palestinians to achieve their rights and avoid armed struggle.”

It is clear why the Israeli justice system acted in such a draconian fashion against Pollak: His activism is making an impact against the Occupation.

Association for Civil Rights in Israel chief legal counsel Dan Yakir described the political nature of Pollak’s prosecution succinctly when he said, “The fact that Pollak was the only one arrested, even though he behaved just like the rest of the protesters, and the fact that bicycle demonstrations are usually held without police involvement raises a strong suspicion regarding personal persecution and a severe blow for freedom of expression, just because of his opinions. A prison sentence in the wake of a protest is an extreme and exaggerated punishment.”

Naky’s lenient sentencing appeared to have been influenced by politics as well, especially when viewed in light of the state’s treatment of other right-wing terrorists. Chaim Pearlman, a fanatical settler suspected of stabbing to death three Palestinians in cold blood, was set free after a month in Shin Bet custody. And Jack Teitel, another Jewish settler convicted of randomly murdering several Palestinians and attempting to kill the Israeli left-wing intellectual Zeev Sternhell (Teitel also planned to attack the 2006 Jerusalem gay pride parade), was allowed to plead insanity and ruled unfit to stand trial.

The Israeli justice system has extended no such privileges to Palestinians like Ibrahim Amireh or Abdullah Abu Rahmeh, who rot in Israeli military prisons for resisting their dispossession through unarmed protest. And the state is leveling every legal weapon at its disposal against activists like Pollak, who declared at his sentencing hearing: “I will go to prison wholeheartedly and with my head held high. It will be the justice system itself, I believe, that ought to lower its eyes in the face of the suffering inflicted on Gaza’s inhabitants, just like it lowers its eyes and averts its vision each and every day when faced with the realities of the occupation.”

“There Are No Civilians In Wartime.” Rachel Corrie’s Family Confronts The Israeli Military In Court

Cindy, Sarah, and Craig Corrie in the Haifa District Court for the second round of hearings in their civil suit against the Israeli government

Cindy, Sarah, and Craig Corrie in the Haifa District Court for the second round of hearings in their civil suit against the Israeli government

In a small courtroom on the sixth floor of Haifa’s District Court, a colonel in the Israeli engineering corps who wrote a manual for the bulldozer units that razed the Rafah Refugee Camp in 2003 offered his opinion on the killing of the American activist Rachel Corrie.

“There are no civilians during wartime,” Yossi declared under oath.

Yossi made his remarkable statement under withering cross examination by Hussein Abu Hussein, the lawyer for the family of Corrie, who was crushed to death by an Israeli bulldozer in Rafah on March 17, 2003. In the back of the courtroom were Rachel’s parents, Craig and Cindy, and her sister, Sarah, back in Israel for the second round of hearings in their civil suit against the state of Israel. They were joined by supporters, friends and a handful of reporters, including me (see Nora Barrows-Friedman’s report for more). No one from the Israeli media was present — the case has been virtually ignored inside Israel.

In the immediate wake of Corrie’s killing, Col. Lawrence Wilkerson, then the chief of staff to Secretary of State Colin Powell, instructed Corrie’s parents to demand a “thorough, fair and transparent investigation” from the Israeli government. Since then, the Israelis have stonewalled them, refusing to provide key details of their investigation, which was corrupted from the start by the investigators’ apparent attempts to find evidence that a bulldozer did not in fact kill Rachel.

A 2003 bill introduced in the House International Relations Committee calling for a thorough Israeli investigation in Corrie’s killing and for American efforts to prevent such killings from happening again garnered 78 signatures in support (Rahm Emanuel was the only Jewish signer). However, Republican Rep. Ileana Ros-Lehtinen, one of the Israel lobby’s closest allies in Congress, prevented the bill from getting out of the committee. President George W. Bush could have pressed for a full floor vote on the bill but he did nothing. The bill died as a result.

Having been obstructed by the Israelis’ opaque investigation and betrayed by their own government (with notable exceptions like former Rep. Brian Baird), the Corries have been forced to take matters into their own hands. And so they have filed suit against the Israeli government for criminal negligence. Whether or not they will be able to secure the ruling they seek, Rachel Corrie’s family has already elicited a number of damning revelations about the Israeli army’s abuses in Gaza in 2003 and the machinations it has relied on to obscure evidence of its criminal conduct.

“I think we are in a situation similar to South Africa. What we are trying to make clear is that the truth has to be pursued diligently or we won’t make it to the point of reconciliation,” Craig Corrie told me, referring to the Truth and Reconciliation Commission that enabled South Africa to peacefully transition from an apartheid system to representative democracy. “We need to understand and acknowledge the truth first.”

So far, the truth has not been easy to come by. The Corries are saddled with a judge who is said to have never ruled in favor of any plaintiff in a civil rights-related suit. And the defense has claimed unspecified state security concerns in its successful bid to avoid revealing the full contents of the investigation into Rachel Corrie’s killing — the family’s lawyers have only been allowed to view a summary. But the Corries’ legal efforts have not been in vain.

On the first day of hearings, the Corries’ lawyers were able to confirm through testimony from “Oded,” one of the investigators of Rachel Corrie’s killing, that Major General Doron Almog, then the head of the Israeli army’s Southern Command, had attempted to stop the military investigators from questioning the bulldozer operators who killed Rachel. When asked why he did not challenge Almog’s apparently illegal intervention, Oded stated that he was only 20-years-old at the time, with no college education and only a few months of training as an investigator. He was intimidated by the high-ranking officer who stormed into the room and menaced him and the other investigators. (Almog once canceled a trip to Britain after being warned that he would be arrested on arrival for ordering the destruction of 59 homes in the Rafah refugee camp in 2002).

Among the most disturbing aspects of Corrie’s case is the abuse of her body by Israeli authorities after she was killed. Craig Corrie recalled to me a panicked phone conversation he had with Will Hewitt, a friend and former classmate of Rachel Corrie who had just witnessed her killing.

“It’s getting dark over here and there are no refrigeration units for her body in Gaza,” Hewitt told Craig Corrie.

“Just leave it until tomorrow,” Craig replied. “We don’t want you or anyone else to get killed.”

“But her body is starting to smell,” Hewitt pleaded.

Somehow Hewitt and his fellow activists from the International Solidarity Movement were able to get Rachel Corrie’s body out of Gaza. But first Hewitt was ordered by Israeli troops to remove the body from the casket and carry it across a border checkpoint. Only Hewitt was allowed to escort Corrie’s body in the ambulance; the rest of the activists who witnessed her death were forced to hitchhike home in the desert. Finally, Corrie’s body was transported to the Abu Kabir Forensic Institute in Tel Aviv where the notorious Dr. Yehuda Hiss autopsied her.

Who is Dr. Hiss? The chief pathologist of Israel for a decade and a half, Hiss was implicated by a 2001 investigation by the Israeli Health Ministry of stealing body parts ranging from legs to testicles to ovaries from bodies without permission from family members then selling them to research institutes. Bodies plundered by Hiss included those of Palestinians and Israeli soldiers. He was finally removed from his post in 2004 when the body of a teenage boy killed in a traffic accident was discovered to have been thoroughly gnawed on by a rat in Hiss’s laboratory. In an interview with researcher Nancy Schepper-Hughes, Hiss admitted that he harvested organs if he was confident relatives would not discover that they were missing. He added that he often used glue to close eyelids to hide missing corneas.

When Craig and Cindy Corrie learned that Hiss would perform an autopsy on their daughter, they stipulated that they would only allow the doctor to go forward if an official from the American consulate was present throughout the entire procedure. An Israeli military police report stated that an American official did indeed witness the autopsy. However, when the Corries asked American diplomatic officials including former US Ambassador to Israel Daniel Kurtzner if the report was true, they were informed that no American was present at all. The Israelis had lied to them, and apparently fixed their own report to deceive the American government.

On March 14, during the first round of hearings in the Corries’ civil suit, Hiss admitted under oath that he had lied about the presence of an American official during the autopsy of Rachel Corrie. He also conceded to taking “samples” from Corrie’s body for “histological testing” without informing her family. Just which parts of Corrie’s body Hiss took remains unclear; despite Hiss’s claim that he “buried” the samples, her family has not confirmed the whereabouts of her missing body parts.

“It’s so hard to know that Rachel’s body wasn’t respected,” Rachel’s sister, Sarah, told me. “Doctor Hiss and the Israeli government knew what our family’s wishes were. The fact that our wishes were disregarded and a judge hasn’t done anything is absolutely horrifying.”

The treatment of Rachel Corrie’s body is peripheral to her family’s lawsuit. But it demonstrates the degree to which she and those whose homes she died defending have been dehumanized — “there are no civilians during wartime,” as Colonel Yossi declared. Rachel Corrie’s family is seeking only one dollar in symbolic punitive damages from the Israeli government. Their real goal is to force a country in a perpetual state of warfare to treat its innocent victims as human beings, and to be held accountable if it does not.

“It is incredibly expensive for us to carry this case on both emotionally and financially,” Craig Corrie remarked. “It is a whole lot to ask of a private citizen. But as a family we still have the ability to do a lot, so we are going to carry this cause on for everyone who cannot.”