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Free Noam Federman

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David Ben-Ariel

Joined: 03 May 2004
Posts: 2743
Location: Toledo, Ohio

PostPosted: Tue May 04, 2004 1:59 am    Post subject: Free Noam Federman Reply with quote

Is Administrative Detention For Israelis Just?

By: Jo-ana D'Balcazar

Undoubtedly, the Federman case is one of the cases that awakes controversy among those who defend Israel, those who believe that terrorists want peace with Israel, those who just let terrorism claim more blood without imprisoning terrorist leaders who openly take credit for genocide bombings, and those who support the liberation of Arab-Palestinian terrorist prisoners.
The point is not whether people agree or disagree with Noam Federman's politics, but that as an Israeli, his civil rights should have been respected. While 400 Arab-Palestinian terrorists possibly are about to be liberated, Federman is still seen by many as the mastermind behind the alleged Jewish terrorist underground. Is it fair to consider him a terrorist or a citizen defending his right to live peacefully in Israel? Who is attacking whom and who is being defended from?

Noam Federman is detained under administrative detention. Let us stop here. What does it mean being in "administrative detention"? Supposedly, it means to hold a person prisoner when there is credible intelligence that such a person is about to commit a terrorist attack. The argument here is that Federman was arrested for allegedly masterminding terrorist attacks against Arab-Palestinians hiding behind the new Jewish terrorist underground.

Then, wait a minute. If this is the current Israeli law to be used in "emergency situation," why it has not been applied to the self-confessed terrorist leaders of Hamas, Hizbullah, Islamic Jihad, and Al-Aksa Martyrs Brigade, among others? The emergency situation is clear in these cases when they even announce future terrorist attacks. Ironically, they not only announce them, and not only fulfill their attacks but also proudly take credit for killing and maiming innocent Jews. And then, they are treated and celebrated by Arafat and almost every Arab-Palestinians, not as murderers, but as martyrs.

Have not terrorists publicly confessed being responsible for many of the terrorist attacks including genocide bombings? Besides Israeli intelligence has a lot of evidence about terrorist leaders. Something here is just not making sense. Federman, allegedly, was imprisoned for fear that he might plan attacks against Arab-Palestinians within Israel. Why is it then that the Arab-Palestinians terrorists in Judea, Samaria and Gaza are not also detained, but instead they are even encouraged and supported by Arafat and the neighboring states, such as Iran, Libya, and Syria that are sponsoring terrorism?

It is not a crime to allow the growing terrorist campaign whose goal is to destroy Israel, a democratic country since its modern foundation in 1948? Sarcastically, terrorist leaders with clear evidence of terrorist participation, including Yasser Arafat, former terrorist leader of the Palestinian Liberation Organization, and now Chairman of the Palestinian Authority, are still walking out free planning more and more terrorists attacks. Let us not forget that Alksa Martyrs Brigade, responsible for many terrorist attacks, is nothing else but a military arm of the Palestinian Authority.

One can argue that Arafat, in a sense, is under special prison treatment because he cannot leave his headquarters in Ramallah. Well, he might be under special prison treatment but he still operates and officially commands the Palestinian Authority. This is where the controversy starts. For instance, the head of the Islamic Movement, Sheikh Ra'ad Salah, received only a restraining order after he was accused of raising funds for the terrorist group of Hamas. Does it mean that Federman is more dangerous than Arafat and Ra'ad Salah and other Arab-Palestinian terrorist leaders?

Therefore, some argue that the use of "administrative detention" is being used as a tool against those who oppose the destruction of Yesha towns, which are located in Judea, Samaria, and Gaza. Federman resides precisely in Hebron, part of Yesha towns. Will this mean that residents in those areas, who oppose to leave their towns and decide to defend against terrorist attacks, will also be imprisoned for "fear" that they will attack Arab-Palestinians terrorists?

Now, there is enough intelligence information about the whereabouts of known terrorist leaders in Judea and Samaria. Why not then going after them to apply this "emergency situation" instead of letting them plan, announce, and commit their publicized terrorist attacks?

Can the "administrative detention" law make more logical to imprison real terrorist leaders and not people or Israeli citizens who want to defend Israel precisely from those genocide attacks? This reminds us of the case of the American Christian-Zionist David Ben-Ariel, who was imprisoned allegedly for trying to destroy the Dome of the Rock for the reconstruction of the Jewish Temple. Ben-Ariel repetitively declared that he was there only to protest, not to destroy the Mosque.

Attorney Naftali Wurtzberger, who defended Federman, also represented David Ben-Ariel during his trial in Israeli High Court and Jerusalem's Municipal Court. Ben-Ariel is now free and back in the United States. Yet, the Israeli government estimated that Ben-Ariel cannot visit Israel and that he might be eligible to return in 2005. Why not deporting the leaders of terrorist groups who are living, apparently with more rights, in Judea, Samaria, and Gaza?

Therefore, the Federman situation has caused many Israelis to reexamine their conscience. Again, the controversy arises. Federman, an Israeli, who has not committed a genocide attack, was imprisoned under "emergency situation," while the Israeli government has agreed to free about 400 Arab-Palestinians terrorists.

The condition is that they must be without "blood on their hands" and with less than 3 years remaining from their prison sentences. It is naive to believe that these 400 terrorists will obey "a promissory note for not continuing with terrorism." Plus, instead of being deported, they will be sent to Judea, Samaria and Gaza. Does this means a victory for the terrorists and a slap for Federman and Ben-Ariel? Simply, something is not clicking.

Ironically, it appears that terrorism is the one dictating the terms for peace negotiations. Is it that negotiation for liberation of verified Arab-Palestinians terrorists is more negotiable than that of Federman? Point blank is that genocide bombings did not stop, but increased. This is why the fence has been adopted as a "security measure." Hence, there are two questions.

First, is it fair to consider Federman as a terrorist or a citizen defending Israel? Remember, is not a matter whether people agree or disagree with Federman's politics, but about Israeli civil rights. Second, can this "emergency situation law" be applied immediately to all known terrorist leaders in Judea, Samaria, and Gaza? What do you think?

(Jo-ana D'Balcazar, M.A., Political Analyst, International Relations. Specialist in the European Union and the Middle East Crisis. Send comments to: politics2see@hotmail.com)

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David Ben-Ariel

Joined: 03 May 2004
Posts: 2743
Location: Toledo, Ohio

PostPosted: Sun May 23, 2004 6:11 pm    Post subject: Free Noam Federman! Reply with quote

From Israel National News/Arutz 7/Channel 7:

On Saturday night, a protest demonstration demanding the release of administrative detainee Noam Federman was held outside the Shikmah Prison in Ashkelon. Among the protesters was Elisheva Federman, Noam's wife, who requested that she be permitted to visit the home of the head of the Shin Bet [Israel's FBI] to discuss her husband's case with him. Security forces declined the request.

Mrs. Federman stressed that if brought before a court of law, Noam would undoubtedly be released and there was no justification for his continued incarceration. He has already been in administration detention without charges for over eight months.
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David Ben-Ariel

Joined: 03 May 2004
Posts: 2743
Location: Toledo, Ohio

PostPosted: Wed Jun 02, 2004 4:16 pm    Post subject: Reply with quote

Another hearing in the appeal of Noam Federman - the third this week - is being held today in the Jerusalem District Court. Federman is protesting his continued incarceration under an archaic British-mandate framework known as "administrative detention." He has been held this way for eight months, and neither he nor his lawyers are permitted to know the nature of the suspicions against him.

Supreme Court Justice Ayala Procaccia ruled earlier this week, after all charges against him in the Bat Ayin attempted bombing case had been dropped, that the Jerusalem District Court must reconsider its decision to allow the continued incarceration. The appeal began on Monday, and representatives of the Shabak (General Security Service) spent most of the last two court sessions - some seven hours each on Monday and Tuesday - attempting to convince the court that the secret evidence against him justified his continued remand.

Because Federman is not allowed to hear the charges against him, he spent most of the time outside the courtroom. "So at least we gained a long visit," his wife Elisheva said today, in a wry reference to the very sporadic and short meetings he is permitted with his family.

Today, beginning at 2 PM, Noam was given a chance to present his case. As his wife put it, "he will try to sum up why he thinks the evidence against him is not substantial - even though he has no idea what that evidence consists of."

The hearing is being held at the District Court on Salah A-Din St. near Damascus Gate. Elisheva said that people are asked to either come to the courtroom, or to pray for him - Noam ben [son of] Reina Eva - or both. The final decision is expected to be handed down on Friday afternoon.

Federman was held in solitary confinement during part of the past eight months, and the Israel Prison Service has not allowed him to be placed in a prison that has a religious wing. He is being held in a prison in Ashkelon, "where the conditions are actually not bad, but Noam is not permitted to enjoy them," his wife said. "The other prisoners are allowed to walk freely, but Noam is allowed outside only two hours a day - and he must spend those in a tiny little yard."

Asked what her husband does during the day, Elisheva said, "I bring him books, and it takes a month or so before they actually reach him. But he does manage to study a lot: He is doing Daf Yomi [the daily page of the Babylonian Talmud studied around the world], as well as a daily page of the Jerusalem Talmud, chapters of Bible, a daily page of Maimonides' Code, and the Laws of Sabbath. He does feel that he is gaining spiritually."

Elisheva herself underwent a difficult experience at a recent Saturday night demonstration on her husband's behalf outside the Ashkelon Prison. By her own testimony, a policeman violently grabbed, pushed to the ground, kicked and beat her - in front of three of her seven children. She was then violently pushed into a police wagon, where she was threatened and verbally abused, and then interrogated for three hours without being allowed medical attention. Elisheva filed a complaint with the department of the police that investigates incidents of alleged police abuse, "but I don't put much stock in it." Asked why she thinks it happened, she responded, "They are apparently tired of our weekly demonstrations, and they know I organize them, and maybe they think that in this way they can put an end to them once and for all. It's true that I didn't arrive at the last demonstration, because I was still in pain, but I hope that by the time the next one is scheduled - three days from now - Noam will be out already."
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David Ben-Ariel

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Posts: 2743
Location: Toledo, Ohio

PostPosted: Mon Jun 07, 2004 3:26 am    Post subject: HALLELUYAH! Reply with quote

Jerusalem Court Orders Federman’s Release
21:01 Jun 06, '04 / 17 Sivan 5764

(IsraelNN.com) After approximately eight months in administrative detention, the Jerusalem District Court today ordered Noam Federman released on Friday. Defense Minister Shaul Mofaz will announce conditions of his release, presumably travel and possible other restrictions.

Federman, formally associated with the now outlawed Kach Party, was allegedly tied to a conspiracy to bomb a Jerusalem Arab school. After that allegation was disproved, the Supreme Court ordered the lower court to review the case.

Federman was never charged with any crime, held in administration detention, including a prolonged period in solitary confinement under harsh conditions, deprived of basic rights including appropriate kosher food and prayer privileges.
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