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The Trial of a Freedom-fighter
EOHR announces the illegality of Al Barghouti trial
9/6/2004
EOHR expresses its denouncement and its rejection to the sentencing of the Palestinian leader Marawan Al Barghouti by the Israeli Military Court.
EOHR confirms the illegality of this trial based on two reasons, firstly; this trial unquestionably violates the International Humanitarian Law, and the fourth Geneva Convention (1949) which is signed By Israel.
The Geneva Convention does not allow the occupying country to transport detainees from their place of residency and trying them in its courts.
The Israeli authorities committed what is considered to be an act of piracy by abducting Barghouti and bringing him to Israeli courts.
Secondly; Israel violated the political immunity of Barghouti as a member of the Palestinian Legislative Council, which is considered to be a violation of international norms, and a violation of the pacts signed between the Palestinian Liberation Organization and Israel.
Barghouti was detained by the Israeli authorities in April 2002 while they were attacking Ram Allah in the West Bank.
Barghouti was convicted for planning and organizing suicide attacks, also for being a member in a terrorist organization and the possession of weapons and explosives.
Barghouti was detained in inhuman conditions, as he was detained in a solitary underground cell, with no means of ventilation. Barghouti experienced a lot of reckless procedures while he was detained, as he had to meet his lawyer while his hands and legs cuffed. Consequently, his health conditions deteriorated and he was transferred to Ramlah hospital. Before his trial, Barghouti was totally isolated, and even prevented from meeting his lawyers.
All these procedures are considered to be a sever violation of human rights laws and conventions.
Afterwards, Barghouti was tried in front of the Israeli Military Court in Tel Aviv which sentenced to five consecutive life terms and another sentence of 40 years of imprisonment, which makes a total of 535 years of imprisonment (5 centuries and 35 years)!!
According to that, EOHR views that the Israeli Military Court has no jurisdictions to try Barghouti.
This trial comes to join the series of the Israeli reckless practices against the Palestinian people, which also includes assassinations, mass arrests, physical elimination, expatriation, and imprisonment.
On the other hand, EOHR confirms that the Barghouti trial implicitly contains political indications, as the trial took place one day after the 37th anniversary of the June 1967 defeat (the Six-Days War).
Israel used this trial for political purposes, and instead of condemning Barghouti directly, the court started with associating the Palestinian uprising with terrorism, which contradicts the Israeli announcements that this trial has no political dimensions.
This confirms Israel's intentions to outlaw the Palestinian cause in front of the International community and associate it with terrorism by condemning one of its leaders.
Based on the illegality of this trial, EOHR demands the formation of an international committee of human rights activists to work on the releasing of Barghouti and all other Palestinian detainees in the Israeli prisons, and denying the Israeli illegal courts according to the Geneva conventions.
EOHR also calls for all Arab and international parliaments and the International Parliamentary Federation to put the Barghouti's case on the priorities of their agendas to discuss the blatant violation of Barghouti's parliamentary immunity, which violates international laws and norms.
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