(wrote this on 7. August 2011, with updates later on. Khaled is now finally out of military prison again, after having served six months on made up charges. He is just one of thousands, but one on whom we actually bothered to follow up)
26 year old Khaled Zwahre was detained on 5.6.2011 during Naksa Day protests in Qalandia while blocking an army vehicle that was about to invade further into residential areas of Qalandia. According to eye-witnesses, his arrest appeared random. Khaled was taken to Atarot police station (in Qalandia industrial area, operated by the border police), where he was suspected of participating in an unauthorized demonstration and disturbing a policeman/soldier on duty. Only the following day, two border policemen – one of whom wrote a report on the day of arrest, incriminating Khaled only for the above mentioned offenses – “remembered” that Khaled also threw stones, and gave a very weak statement against him.
Although there are several videos and photographs that show that Khaled was arrested while blocking the army vehicle, and although there are several witnesses including journalists willing to testify that Khaled only used his voice in chants and his body in trying to block the vehicle during that protest, and despite of the weakness of the border policemen’s testimonies, Khaled was indicted on July 12 and charged with participating in an unauthorized demonstration, disturbing a policeman/soldier on duty, AND stone throwing. Videos of Khaled’s arrest:
http://www.youtube.com/watch?v=HLhHPfcmeQw&feature=player_embedded (starting at 4:50:) http://www.youtube.com/watch?v=sHYS0h-Oxmg&feature=player_embedded
The military court in Ofer ordered that Khaled be remanded, meaning that he be kept under arrest until the end of proceedings. Khaled’s lawyers appealed against the remand decision (there was a hearing concerning this appeal on June 15th at the military court of appeals). The appeals court took an outrageously long time to decide and finally rejected the appeal, meaning that it confirmed that Khaled – without the question of “guilt” even being addressed – is to be kept under arrest until the end of the proceedings.
The actual trial – where the allegations against Khaled are being heard and judged – only started on August 3. The policeman who arrested him testified against Khaled, giving false testimony – in a confident way – that upheld the allegation of stone throwing.
Fortunately, Khaled’s lawyers are in possession of video footage that clearly proves that the policeman was lying. The next hearing will take place on August 14. Khaled and other defense witnesses are scheduled to testify then, and ideally, if there is enough time to hear the concluding arguments the same day, the verdict would be given at the following hearing. Khaled’s lawyers are trying to speed up the process as much as possible to spare him unnecessary time in prison. Should the trial be prolonged, however, Khaled would be in the absurd – yet very common – situation that he would probably get released earlier if, despite of his innocence, he pleaded guilty and agreed to a “plea bargain” than if he continued his defense in his trial.
About Khaled: Khaled Zwahre is originally from Lydd, but was born in Ramallah. As the oldest of three brothers and three sisters, Khaled is the sole bread-winner in his family since his father’s death several years ago. Living in Ramallah by himself and working as a painter, Khaled provides for his mother and siblings who are living in Beitunia. He has put several of siblings through school, with one of his sisters still studying. Khaled’s family home is currently also home to a friend of his who was in need of housing.
Four months prior to his arrest, Khaled began regularly supporting the popular resistance in Nabi Saleh in solidarity. Khaled is greatly missed by his friends and family, and we are all outraged at the absurdity and blatant injustice of his arrest. Khaled would be pleased to see familiar faces at the hearing on August 14. If you would like to go, please send your full names and ID/passport numbers to xxx@xxx.xxxby Thursday, August 11, at 12h. For pictures of Khaled during the protest, see: https://occupiedpalestine.wordpress.com/2011/06/13/khaled-will-be-in-prison-for-100-days-for-standing-in-front-of-a-skunk-car-making-a-peace-sign/
UPDATE (21.8.2011)
from the lawyer’s office:
“hi, we were just announced that khaled’s verdict will be given tomorrow in ofer “court”. if you want to go or know sombody who does, please let <vegemmon> know as soon as possible and maximum by 3pm. i hope there will be some good news in these terrible days.”</vegemmon>
UPDATE: on Naksa Day protest prisoner Khaled Zwahre: Today, Khaled’s legal defense was heard at Ofer military prison. Khaled gave his statement – which, according to the lawyers, he did well – and an Israeli videographer testified in his defense. Both prosecution and defense also presented their closing statements today – which is good. (…) Now, we are waiting for the judge to write the sentence and call in the next hearing. We hope that she will do so as quickly as possible. A friend of Khaled’s went to the hearing and reports that Khaled was laughing and both joked (so both soldiers and judge threated to ban his friend from the court room). The friend came back in better moods after seeing Khaled. That’s good to know. Now, we need him out ASAP!
UPDATE (22.8.2011):
Hi everyone. Bad news: Khaled was found guilty of all charges, that is: participation in an unauthorized demo, obstruction a policeman/soldier on duty, and stone throwing. The stone-throwing charge is of course made up and we had been hoping and expecting that he would be acquitted of this point, as there is video footage and a strong testimony to prove that the charge is unfounded and because the testimony of the officer incriminating him was apparently very weak.
On September5, there will be a hearing when both sides will present their arguments (on the kind and length of the “appropriate” punishment). The actual sentencing will probably take place at another hearing, and only then can the defense appeal.
There will be more about the verdict later, for now, just sharing the really bad news.
Sorry.
DETAILS ON KHALED’S VERDICT AND TRIAL (26.8.2011):
This is from a source that has spoken with Khaled’s lawyer.
“The decision is entirly based on reliability. That is to say, the judge used and needed many excuses to justify the border policeman’s testimony, despite its manny flaws. For example, in the report made after the demonstration, the border policeman alleged that stones were thrown, but didn’t say anything about Khaled doing so. He only incrimminated Khaled of interference and participating in an unauthorized demonstration. He also gave a written statement to the police, in which he didn’t say anything about Khaled throwing stones. Therefore, Khaled was not interrogated at first about throwing stones.
However, after Khaled’s attorney filed a request to release him from detention, the same border police man gave a new statement to the police which incriminated Khaled of stone throwing in addition to the above. When he was asked why he didn’t write this in his report, he replied that he had only given a general description and hadn’t gone into detail.
At some point, another report appeared in which the same border policeman incriminated Khaled personally of stone throwing. The border policeman had written the same date and hour on this report as the first report, however, this was only in reference to the time of the event (the actual protest) and not to the time this report was written. Khaled’s attorneys have very strong and based reason
to believe that this report was written after the second statement that the border policeman gave to the police, but either way, it gave an unreliable impression(or so the attorney’s office thought).
In court, the border policeman said the he hadn’t specified the details about stone throwing (although he HAD specificed the details when it came to Khaled’s alleged “interference” and “participation in an unauthorized demo”)in his (initial) report because he was tired at that time and it was a hot day – which is not what he had replied in his statement to the police.
Another issue is how they identified Khaled. The incriminating cop wrote in his reports that he had been in consecutive eye contact with Khaled thhroughout the demo, and had seen him throw stones from 30-50 meters – which really doesn’t qualify as “close range”. In addition in court he explained that there had been more than 200 people there and he had gotten a glimpse of Khaled here and there.
Another border policeman, who claimed that he identified Khaled based on his clothes gave a wrong description of him.
Again, all this didn’t raise enough doubts for the judge. She described the testimonies of the policemen as sincere and straightforward. The contradictions (also regarding where exactly Khaled was arrested) were described as proof that the border policemen didn’t coordinate their testimonies.
It is important to point out that Khaled was offered a plea agreement (he pleads guilty and gets sentenced to less time in military prison) that could have saved him time in prison, but he chose to fight for the recognition of his innocence in the court of occupation, against all odds. 95% of all cases in the military courts end in plea agreements.
There’s still more to be said but for more details, it is better talk to Khaled’s attorney.
By the way, journalists and others can come to the next hearing on the September 5th (when the arguments on the “appropriate” punishment will be given) to get an important first hand impression of the military court and to meet Khaled and show him your solidarity. The same day, there is another “interesting” hearing in a pre-trial of a minor where the lawyer is trying to dismiss the minor’s testimony to the police based on the argument that it was not given voluntarily (that is, he underwnet phisycal and psychological pressure and was deprived of basic rights during the interrogation).”
If anyone would like to attend the hearing on September 5 at Ofer military court, please send your full name and ID/Passport number to xxx@xxx.xxx
