Israeli Court orders Gaza Power Plant's Abu Sisi to stay in jail seven more days

Haarez’s Yossi Melman reported tonight that a Petah Tikvah court judge has ordered that Gaza Power Plant’s Deputy Director of Operations, Dirar Abu Sisi, to remain in jail another seven days (at least) — at the request of the Israeli General Security Service (Shin Bet – responsible for intelligence about internal security in Israel) and the Israeli Police.

Melman wrote that “The extension of Abu Sisi’s remand was made possible after Attorney General Yehuda Weinstein granted the security service special permission to issue the request. Weinstein’s permission is necessary in any case of a request to extend the remand beyond 30 days”.

Melman added: “At the request of the Shin Bet security service and the State Prosecutor’s Office, a comprehensive gag order was issued at the time of Abu Sisi’s arrest, around a month ago. About 10 days ago the order was modified to permit the publication in Israel of details already reported in the foreign media”. Melman’s report in Haaretz can be read in full here.

The gag order was modified by the Petah Tikvah court in response to a petition from the Association for Civil Rights in Israel (ACRI).

Abu Sisi was in Ukraine since 18 January in connection with his application for citizenship, filed by his wife, a Ukranian citizen. A month later, he was grabbed while on a train to Kiev, and flown to Israel by men he said identified themselves as agents of Mossad, Israel’s external spy service, He told an Israeli lawyer representing the Gaza-based Palestinian Centre for Human Rights (PCHR) that he was denied access to a lawyer for his first 14 days in Israel, and then for another 11 days.

No charges have yet been filed against Abu Sisi.

UPDATE: Richard Silverstein, who broke the story about Abu Sisi’s kidnapping/extradition from Ukraine to Israel, wrote here that Abu Sisi’s attorney, Smardar Ben Natan, told him that “The state came today with a request to extend the detention in additional 8 days, this was supported by an approval of the senior state attorney, Shay Nitzan, and with the explanation that the prosecution went through the evidence material and asked for 8 additional actions in order to complete the investigation. We argued that if the state does not have enough evidence after 34 days of interrogation, where they should have had evidence to justify the outrageous arrest even before [it occurred], Derar should be released and returned to Ukraine. They were trying to justify the arrest by making him confess [to their] accusations. The court allowed the detention until next Thursday. Derar looked very tired and complained that he can’t stand it anymore and that they are just repeating the same questions over and over again, and trying to break him”.

Silverstein himself asks: “So let’s say Dirar is the worst you can conceive. If you want to kidnap him and render him to Israel wouldn’t you have a case against him before doing so? In what kind of legal system do you arrest someone before having such a case built, and then attempt to figure out what to charge him with based on what he tells you during interrogation? And let’s say he tells you something new you didn’t know during interrogation. Surely, you can file a basic charge and then amplify it with what you learn later. The fact that they have refused to file any charge at all is outrageous. The fact that they come and demand an extension is equally outrageous”.

In a later post, here, Silverstein adds: “It’s unusual in the Israeli legal system for a security suspect to be held longer than 30 days without filing charges. They’ve had Abusisi for 34 days. After that amount of time they still have eight areas in which the top government lawyer says he needs better evidence to prosecute. What’s wrong with this picture? The attorney general has also told Shabak that there is a wide gap between the claims levelled against the kidnapped Gaza engineer and the evidence he’s seen. This does not sound like a happy prosecutor”.

UPDATE: Ben Natan, the attorney for Abu Sisi, told CNN that “I hope that he will be released after these eight days. I expect that after these days, the prosecution might present an indictment. We plan to argue against the future indictment saying that the circumstances of this person’s arrest give him the defense of abusive process,” his lawyer added.

She also told CNN that Abu Sisi “is very exhausted after what he has been through. He sees the interrogation as meant to break his spirit and make him confess things that he did not commit. He was not part of Hamas leadership. He was holding a civil position in the power plant of the Gaza strip and this interrogation is trying to portray him as something that he is not”.

The CNN report, published here, added that “just why the Palestinian engineer was being held and what charges the Israeli government intends to bring against him remain unclear. So far, not even his lawyers have been granted access to the results of his interrogation, they say. ‘We know about the suspicions only generally. The material from the interrogation is still not being disclosed to us and there is a gag order over that, too’, Ben-Natan said after the Gazan engineer appeared in court on Thursday…His lawyer also argued that should it emerge that Israeli intelligence abducted Abu Sisi from the Ukraine, they will have many questions to answer to as their acts will have been in contradiction of international law and treaties between the Ukraine and Israel. ‘There is an extradition convention between the Ukraine and Israel. The European extradition convention applies and both states are party to it and the procedure which was going on in this case was contrary to that convention and to international law’, said Ben-Natan”.

PCHR lawyer sees Gaza Power Plant's Dirar Abu Sisi in Ashkelon Prison

The Gaza-based Palestinian Center for Human Rights (PCHR) reported today that a PCHR-retained lawyer met Derar Abu Sisi, the kidnapped Gaza Power Plant’s Director of Operations, yesterday for the first time in an Israeli prison in Ashkelon.

The PCHR said that Abu Sisi was kidnapped by Israel’s national intelligence agency, Mossad, on 18 or 19 February, while he was in the Ukraine — where his Ukrainian wife was applying for citizenship on his behalf. He was then brought to Israel.

This kidnapping, or rendition, is especially strange because AbuSisi apparently intended to leave Gaza anyway.

Abu Sisi told the PCHR lawyer that three men (two in uniform) grabbed him on train in he was taking to Kiev in Ukraine. He was bundled into a car and driven, handcuffed and hooded, to Kiev, where he was taken to an apartment and questioned by six more men who introduced themselves as Mossad.

In short order, Abu Sisi told PCHR’s lawyer, he was “put on a flight” that he said lasted 4 to 5 hours, then transferred to another 1-hour flight — and when it landed, he was told he was in Israel.

The PCHR account of its conversation with Abu Sisi is published on its website, here.

According to PCHR, “Abu Sisi told the PCHR lawyer that he was denied contact with a lawyer for fourteen days. This denial was extended for another eleven days. He said that he was placed under intensive interrogations and that he was denied his legal rights. It should be noted that the Israeli security authorities imposed a media blackout regarding the kidnapping of Abu Sisi and prevented lawyers from visiting him to check on his health and provide legal assistance during the second period … PCHR has concerns over the deterioration of Abu Sisi’s health and notes that he has cholelithiasis and he takes blood thinning medicines. He is experiencing serious psychological problems after going into long and continued investigation session”.

Eyad (Iyad) Alami, Director of PCHR’s Legal Aid Unit, reached Monday evening in Gaza by phone, said that an Israeli lawyer had gone to Askelon Prison on PCHR’s behalf (he noted that Abu Sisi might have seen other lawyers previously). Alami said he could not add anything at this time beyond what was contained in the PCHR statement — other than to say that Abu Sisi had not yet been charged with anything, and could now either be charged or released. In any case, Alami said, PCHR will be following the case.

The Israeli media reported yesterday that a court order had partly removed a gag order banning publication of information on this case. The remainder of the gag order remains for another 30 days…

UPDATE: The Association for Civil Rights in Israel (ACRI) was the Israeli human rights organization which went to court to get the gag order lifted. Ronit Sela, ACRI spokesperson, said that their petition was filed on 9 March, some 13 days before the Judge ordered the partial lifting of the gag order — but, she noted, the Judge’s order does not even mention Dirar Abu Sisi by name, but instead refers to him only as “the suspect”. Sela said that ACRI has not been in touch with Abu Sisi personally, and that the appeal to the court is a principled action ACRI takes whenever it learns of a gag order, to ensure that a person does not simply disappear. A former reporter herself, Sela says that journalists usually become aware of gag orders only by the absence of mention in the Israeli press about something or someone (this would necessarily also involve some kind of tip, or tip-off). “I’ve been at ACRI for three years, and in that time we’ve handled at least four cases”, Sela said…

Continue reading PCHR lawyer sees Gaza Power Plant's Dirar Abu Sisi in Ashkelon Prison

14-month old child dies of tear gas inhalation in East Jerusalem + more

A 14-month old boy died of tear gas inhalation in the Isawiyya neighborhood of East Jerusalem on Friday. The toddler was apparently at home when the tear gas was fired [by Israeli Border Police], though Israeli media reports misleadingly suggest that the child died “during a riot”. YNet is also reporting here that “a possibility that the infant’s death was accidental – as a result of a gas leak at his home – is also being investigated”. An Israeli police spokesperson told the media that no report of an infant’s death has been received.

[And, a 20-year old fishermen was reported killed by Israeli fire on the Gaza coast on Friday.]

Earlier in the week, two men were killed in the East Jerusalem neighborhood of Silwan at 4 a.m. on Wednesday. A private Israeli security guard driving alone in the neighborhood said he felt threatened and feared for his life when he came upon the men, and fired.

Normally, people should be able to be out on the streets at 4 a.m. without fear of being shot and killed as a suspected threat. One victim had a criminal record — and a screwdriver and a knife in his pocket — YNet reported.

But, there has been no call yet for any investigation into this killing.
UPDATE on SUNDAY 26 SEPTEMBER: Lisa Goldman has just reported in +972 magazine that the Association for Civil Rights in Israel has formally requested a [police only?] investigation. Her article is posted here.

A spokesperson for the private security agency which employed the man who did the shooting told YNet that “The guards asked for permission to use crowd dispersal means, but were turned down, so the only weapon left is a pistol … The security guards’ job is to safeguard the [n.b. – Jewish] residents’ lives and property. They should not have to deal with disturbances.” This is posted here.

Continue reading 14-month old child dies of tear gas inhalation in East Jerusalem + more

Richard Goldstone due in region this weekend to begin hearings on Gaza war

Until the last minute, it was not clear how South Africa’s Justice Richard Goldstone would arrive in the region this weekend with a mandate from the United Nations Human Rights Council in Geneva to begin an inquiry into the IDF’s Operation Cast Lead against Gaza (27 December – 18 January), or whetherIsrael will or will not let him enter the country, if he tries to come here.

Israel — which often prefers ambiguity — apparently did not reply to Goldstone’s request for a visa.

The mission’s mandate is to “investigate all violations of International Human Rights Law and International Humanitarian Law that might have been committed at any time in the context of the military operations that were conducted in Gaza during the period from 27 December 2008 and 18 January 2009, whether before, during or after.”

Continue reading Richard Goldstone due in region this weekend to begin hearings on Gaza war

"Jerusalem unification" day – but is Jerusalem united?

Today, Israel mark’s “Jerusalem unification” day.

However, According to Gershon Baskin, co-chairman and founder of the Israeli-Palestinian Center for Research and Information (IPCRI) — who ran in the last Knesset elections as a candidate from a green party which did not gain the minimum number of votes for a seat — Jerusalem is one of the most segregated cities on earth.

Demonstration at Damascus Gate - Jerusalem Day 21 May 2009 - Amir Cohen for Reuters

Some 50,000 Israelis of one or the other nationalist tendencies are expected today to make their annual triumphalist entry under heavy police and Border Police guard into the Old City of East Jerusalem via the Damascus Gate, which is used mainly by Palestinians.

Jerusalem Unification Day marks the moment, according to the Jewish calendar, when the Israeli Army first entered the Old City of East Jerusalem during the June 1967 war.  Previously, from the time the British Army evacuated in May 1948, East Jerusalem and the West Bank had been under Jordanian administration.

Three Israeli human rights organizations are joining Palestinian members of various East Jerusalem neighborhood committees and residents in what they have announced will be “a Jerusalem Day protest demonstration, which is to take place at the same time as the traditional Jerusalem Procession on Thursday, May 21st, 12:00-15:00, near the entrance to Damascus Gate in the Old City. The demonstration will take place on the same day of the Jerusalem Day Procession, which marks 42 years to the ‘unification of the city’, in order to send out a clear message: The city is not united. East Jerusalem had been annexed by Israel against the will of its residents, who have since been suffering discrimination, neglect and abuse in all walks of life. We will protest and demand they be allowed to live in dignity and peace in their hometown“.

According to the announcement, “The demonstration is organized by East Jerusalem neighborhood committees and residents, The Association for Civil Rights in Israel (ACRI), Shomrei Mishpat – Rabbis for Human Rights, and The Israeli Committee Against House Demolitions”, known as ICHAD.

A lawyer for ACRI told journalists this week that the proper and required permits have been granted by the Israeli police, but she said she was not sure how many Palestinian East Jerusalemites would participate in the end — not only because of the potential for violent flare-ups, but also because they fear reprisal in the weeks and months ahead, at home, in their neighborhoods of what is (or, because of route of The Wall, which has cut them off from the city and exiled them to a no-man’s land in the occupied Palestinian territory of the West Bank) what was East Jerusalem.

But they did come – about 400 Palestinians, participating for the first time in one of these Jerusalem Day protest demonstrations, and about 100 to 150 Israeli Jews.

Tali Nir, a lawyer for ACRI who participated in the demonstration, said that the Border Police were upset when they say a lot of Palestinian flags flying, “and they asked us not to do it, so we took some down”, to cool the situation, she said.  But they did not remove all the Palestinian flags, because the Israeli Supreme Court has recently ruled that Palestinian flags could be waved during demonstrations.

Rabbi Arik Aschermann of Rabbis for Human Rights was very satisfied by the Palestinian participation.  “For 14 years we’ve been saying it’s a pity they don’t come”, he said, “but now they are here.  Yes, it’s good”.  He attributed the previous non-participation to internal fighting between different Palestinian agendas as much as to fears of violence and/or Israeli reprisals.

One of the signs held up by a young Palestinian participant read: “Number of residents per trash cans: (Palestinian) East Jerusalem = 760, (Israeli) West Jerusalem = 291“.

A group of young Israeli men gathered in front of the demonstrators and did their own rousing chant, before heading through the Damascus Gate into the Old City, where they immediately quited down.  They were headed across the Old City to the other side, where the Western Wall stands.  A few Border Police soldiers in olive green uniforms and carrying large black weapons followed them, but did not provide a close escort.

The Mufti of Jerusalem, Sheikh Mohammed Hussein, and the Greek Orthodox Patriarch made separate appearances, and spoke in Arabic to Palestinian journalists.

Hatem Abdel Qader, a Jerusalemite who was until recently the advisor of Palestinian Authority (PA) Prime Minister Salam Fayyad, who this week has become (he has been sworn in as) the newly-appointed PA Minister of Jerusalem Affairs in the new Palestinian government, was also at the demonstration. He said that he was working on a new strategy, despite the Israeli prohibition against PA activity in the city: “We want to make something to support our people, to end house demolitions, to face the high Jerusalem taxes.  We are developing a plan to try to make the life of our citizens better …. We hope to open other institutions in East Jerusalem by working with some NGOs who have permission, in the fields of women, children, culture, education and law.  We are facing a very big problem of building without permits, and we need lawyers and engineers to help make a [zoning or development] plan so that we can try to solve this problem”.

Photos of joint Palestinian-Israeli demonstration at Damascus Gate for Jerusalem Unification Day

courtesy of ACRI

Palestinian school girs at Jerusalem Day demonstration - Photo courtesy of ACRI

Jewish groups demonstrate at Damascus Gate on Jerusalem Unification Day - photo courtesy of ACRI

Jerusalem Day demonstration at Damascus Gate - photo courtesy of ACRI

This “Jerusalem Unification Day” was the first time that these groups made a collective public appearance, working together.