Tag: Political Prisoners

  • If imprisoned Palestinian leader, Marwan Barghouti, becomes the President of the Palestinian Authority (PA), the status quo will change substantially. For Israel, as well as for the current PA President, Mahmoud Abbas, such a scenario is more dangerous than another strong Hamas showing in the upcoming Palestinian parliamentary elections.

    The long-delayed elections, now scheduled for May 22 and July 31 respectively, will not only represent a watershed moment for the fractured Palestinian body politic, but also for the Fatah Movement which has dominated the PA since its inception in 1994. The once revolutionary Movement has become a shell of its former self under the leadership of Abbas, whose only claim to legitimacy was a poorly contested election in January 2005, following the death of former Fatah leader and PA President, Yasser Arafat.

    Though his mandate expired in January 2009, Abbas continued to ‘lead’ Palestinians. Corruption and nepotism increased significantly during his tenure and, not only did he fail to secure an independent Palestinian State, but the Israeli military occupation and illegal settlements have deepened and grown exponentially.

    Abbas’ rivals from within the Fatah Movement were sidelined, imprisoned or exiled. A far more popular Fatah leader, Marwan Barghouti, was silenced by Israel as he was thrown into an Israeli prison in April 2002, after a military court found him guilty of involvement in Palestinian resistance operations during the uprising of 2000. This arrangement suited Abbas, for he continued to doubly benefit: from Barghouti’s popularity, on the one hand, and his absence, on the other.

    When, in January, Abbas declared that he would hold three successive rounds of elections – legislative elections on May 22, presidential elections on July 31 and Palestinian National Council (PNC) elections on August 31 – he could not have anticipated that his decree, which followed intense Fatah-Hamas talks, could potentially trigger the implosion of his own party.

    Fatah-Hamas rivalry has been decades’ long, but intensified in January 2006 when the latter won the legislative elections in the Occupied Territories. Hamas’ victory was partly attributed to Fatah’s own corruption, but internal rivalry also splintered Fatah’s vote.

    Although it was Fatah’s structural weaknesses that partly boosted Hamas’ popularity, it was, oddly, the subsequent rivalry with Hamas that kept Fatah somehow limping forward. Indeed, the anti-Hamas sentiment served as a point of unity among the various Fatah branches. With money pouring in from donor countries, Fatah used its largesse to keep dissent at minimum and, when necessary, to punish those who refused to toe the pro-Abbas line. This strategy was successfully put to the test in 2010 when Mohammed Dahlan, Fatah’s ‘strong man’ in Gaza prior to 2006, was dismissed from Fatah’s central committee and banished from the West Bank, as he was banished from Gaza four years earlier.

    But that convenient paradigm could not be sustained. Israel is entrenching its military occupation, increasing its illegal settlement activities and is rapidly annexing Palestinian land in the West Bank and Jerusalem. The Gaza siege, though deadly and tragic, has become routine and no longer an international priority. A new Palestinian generation in the Occupied Territories cannot relate to Abbas and his old guard, and is openly dissatisfied with the tribal, regional politics through which the PA, under Abbas, continues to govern occupied and oppressed Palestinians.

    Possessing no strategies or answers, Abbas is now left with no more political lifelines and few allies.

    With dwindling financial resources and faced by the inescapable fact that 85-year-old Abbas must engineer a transition within the movement to prevent its collapse in case of his death, Fatah was forced to contend with an unpleasant reality: without new elections the PA would lose the little political legitimacy with which it ruled over Palestinians.

    Abbas was not worried about another setback, as that of 2006, when Hamas won majority of the Palestinian Legislative Council (PLC)’s seats. Until recently, most opinion polls indicated that the pro-Abbas Fatah list would lead by a comfortable margin in May, and that Abbas would be re-elected President in July. With his powers intact, Abbas could then expand his legitimacy by allowing Hamas and others into the PLO’s Palestinian National Council – Palestine’s parliament in the Diaspora. Not only would Abbas renew faith in his Authority, but he could also go down in history as the man who united Palestinians.

    But things didn’t go as planned and the problem, this time, did not come from Hamas, but from Fatah itself – although Abbas did anticipate internal challenges. However, the removal of Dahlan, the repeated purges of the party’s influential committees and the marginalization of any dissenting Fatah members throughout the years must have infused Abbas with confidence to advance with his plans.

    The first challenge emerged on March 11, when Nasser al-Qidwa, a well-respected former diplomat and a nephew of Yasser Arafat, was expelled from the movement’s Central Committee for daring to challenge Abbas’ dominance. On March 4, Qidwa decided to lock horns with Abbas by running in the elections in a separate list.

    The second and bigger surprise came on March 31, just one hour before the closing of the Central Election Commission’s registration deadline, when Qidwa’s list was expanded to include supporters of Marwan Barghouti, under the leadership of his wife, Fadwa.

    Opinion polls are now suggesting that a Barghouti-Qidwa list, not only would divide the Fatah Movement but would actually win more seats, defeating both the traditional Fatah list and even Hamas. If this happens, Palestinian politics would turn on its head.

    Moreover, the fact that Marwan Barghouti’s name was not on the list keeps alive the possibility that the imprisoned Fatah leader could still contest in the presidential elections in July. If that, too, transpires, Barghouti will effortlessly beat and oust Abbas.

    The PA President is now in an unenviable position. Canceling the elections would lead to strife, if not violence. Moving forward means the imminent demise of Abbas and his small but powerful clique of Palestinians who benefited greatly from the cozy political arrangement they created for themselves.

    As it stands, the key to the future of Fatah is now held by a Palestinian prisoner, Marwan Barghouti, who has been kept by Israel, largely in solitary confinement, since 2002.

    This post was originally published on Radio Free.

  • Many Palestinian intellectuals and political analysts find themselves in the unenviable position of having to declare a stance on whether they support or reject upcoming Palestinian elections which are scheduled for May 22 and July 30. But there are no easy answers.

    The long-awaited decree by Palestinian Authority President Mahmoud Abbas last January to hold legislative and presidential elections in the coming months was widely welcomed,  not as a triumph for democracy but as the first tangible positive outcome of dialogue between rival Palestinian factions, mainly Abbas’ Fatah party and Hamas.

    As far as inner Palestinian dialogue is concerned, the elections, if held unobstructed, could present a ray of hope that, finally, Palestinians in the Occupied Territories will enjoy a degree of democratic representation, a first step towards a more comprehensive representation that could include millions of Palestinians outside the Occupied Territories.

    But even such humble expectations are conditioned on many “ifs”: only if Palestinian factions honor their commitments to the Istanbul Agreement of September 24; only if Israel allows Palestinians, including Jerusalemites, to vote unhindered and refrains from arresting Palestinian candidates; only if the US-led international community accepts the outcome of the democratic elections without punishing victorious parties and candidates; only if the legislative and presidential elections are followed by the more consequential and substantive elections in the Palestinian National Council (PNC) – the Palestinian Parliament in exile – and so on.

    If any of these conditions is unsatisfactory, the May elections are likely to serve no practical purpose, aside from giving Abbas and his rivals the veneer of legitimacy, thus allowing them to buy yet more time and acquire yet more funds from their financial benefactors.

    All of this compels us to consider the following question: is democracy possible under military occupation?

    Almost immediately following the last democratic Palestinian legislative elections in 2006, the outcome of which displeased Israel, 62 Palestinian ministers and members of the new parliament were thrown into prison, with many still imprisoned.

    History is repeating itself as Israel has already begun its arrest campaigns of Hamas leaders and members in the West Bank. On February 22, over 20 Palestinian activists, including Hamas officials, were detained as a clear message from the Israeli occupation to Palestinians that Israel does not recognize their dialogue, their unity agreements or their democracy.

    Two days later, 67-year-old Hamas leader, Omar Barghouti, was summoned by the Israeli military intelligence in the occupied West Bank and warned against running in the upcoming May elections. “The Israeli officer warned me not to run in the upcoming elections and threatened me with imprisonment if I did,” Barghouti was quoted by Al-Monitor.

    The Palestinian Basic Law allows prisoners to run for elections, whether legislative or presidential, simply because the most popular among Palestinian leaders are often behind bars. Marwan Barghouti is one.

    Imprisoned since 2002, Barghouti remains Fatah’s most popular leader, though appreciated more by the movement’s young cadre, as opposed to Abbas’ old guard. The latter group has immensely benefited from the corrupt system of political patronage upon which the 85-year-old president has constructed his Authority.

    To sustain this corrupt system, Abbas and his clique labored to marginalize Barghouti, leading to the suggestion that Israel’s imprisonment of Fatah’s vibrant leader serves the interests of the current Palestinian President.

    This claim has much substance, not only because Abbas has done little to pressure Israel to release Barghouti but also because all credible public opinion polls suggest that Barghouti is far more popular among Fatah’s supporters – in fact all Palestinians – than Abbas.

    On February 11, Abbas dispatched Hussein al-Sheikh, the Minister of Civilian Affairs and a member of Fatah’s Central Committee, to dissuade Barghouti from running in the upcoming presidential elections. An ideal scenario for the Palestinian President would be to take advantage of Barghouti’s popularity by having him lead the Fatah list in the contest for the Palestinian Legislative Council (PLC). Hence, Abbas could ensure a strong turnout by Fatah supporters, while securing the chair of presidency for himself.

    Barghouti vehemently rejected Abbas’ request, thus raising an unexpected challenge to Abbas, who now risks dividing the Fatah vote, losing the PLC elections, again, to Hamas and losing the presidential elections to Barghouti.

    Between the nightly raids and crackdowns by the Israeli military and the political intrigues within the divided Fatah movement, one wonders if the elections, if they take place, will finally allow Palestinians to mount a united front in the struggle against Israeli occupation and for Palestinian freedom.

    Then, there is the issue of the possible position of the ‘international community’ regarding the outcome of the elections. News reports speak of efforts made by Hamas to seek guarantees from Qatar and Egypt “to ensure Israel will not pursue its representatives and candidates in the upcoming elections,” Al-Monitor also reported.

    But what kind of guarantees can Arab countries obtain from Tel Aviv, and what kind of leverage can Doha and Cairo have when Israel continues to disregard the United Nations, international law, the International Criminal Court, and so on?

    Nevertheless, can Palestinian democracy afford to subsist in its state of inertia? Abbas’ mandate as president expired in 2009, the PLC’s mandate expired in 2010 and, in fact, the Palestinian Authority was set up as an interim political body, whose function should have ceased in 1999. Since then, the ‘Palestinian leadership’ has not enjoyed legitimacy among Palestinians, deriving its relevance, instead, from the support of its benefactors, who are rarely interested in supporting democracy in Palestine.

    The only silver lining in the story is that Fatah and Hamas have also agreed on the restructuring of the Palestine Liberation Organization (PLO), which is now largely monopolized by Abbas’ Fatah movement. Whether the democratic revamping of the PLO takes place or not, largely depends on the outcome of the May and July elections.

    Palestine, like other Middle Eastern countries, including Israel, does have a crisis of political legitimacy. Since Palestine is an occupied land with little or no freedom, one is justified to argue that true democracy under these horrific conditions cannot possibly be achieved.

    This post was originally published on Radio Free.

  • Credit: CODEPINK

    Under Donald Trump’s presidency, Egypt, as well as Saudi Arabia, Israel, the UAE, and other repressive regimes, had virtually free reign to commit unchecked human rights abuses without worry that they might be chastised or lose U.S. diplomatic and financial support. But when Joe Biden won the 2020 election, President Sisi of Egypt started to worry. That’s when he contracted lobbying powerhouse Brownstein Hyatt Farber Schreck for $65,000 a month.

    The pro-Cairo lobby team includes a number of former politicians, including former Republican congressman Ed Royce, who chaired the influential Foreign Affairs Committee from 2013-2018. The most shocking PR agent for the Egyptian regime, however, is Nadeam Elshami, former chief of staff for House Democratic Leader Nancy Pelosi. “It’s inconceivable that a man who spent his younger years in Egypt, comes from a Muslim family that supported the 2011 Arab Spring and was a key Democratic staffer in the U.S. Congress would end up lobbying for a regime that jails, tortures and murders tens of thousands of Egyptians,” says Mohamed Ismail of  Egyptians Abroad for Democracy Worldwide.

    Brownstein boasts many accomplishments, including pushing Congress to obtain compensation on behalf of the hostages held in Iran in 1979, recovering artifacts plundered during the Armenian Genocide, securing compensation for housing developers who had to mitigate asbestos from former U.S. military sites, and securing increased funding for cancer research. Representing Egypt under President Sisi is unlikely to be something Browstein Hyatt Schreck will brag about.

    In July 2013, Sisi seized control of Egypt in a military coup that removed Mohammed Morsi, the country’s first democratically elected leader. The following month, on August 14, his military massacred approximately 1,000 civilians engaging in peaceful protest at Rabaa al-Adawiya Square. Human Rights Watch Executive Director Kenneth Roth called the Rabaa massacre, “one of the worst killing of demonstrators in a single day in recent history,” pointing out that the violence was “intentionally planned at the highest levels of Egyptian society.” Between July 2013 and May 2014, Egyptian authorities detained, charged, or sentenced over 40,000 people. Many of the detainees — demonstrators, dissenters, and journalists — were held without trial. Others were tried without due process and sentenced to death.

    In 2015, President Sisi governed without an elected parliament, giving himself almost total impunity for the attacks he carried out against civil and political rights. Effectively, all of the human rights gains that had been achieved during the 2011 Arab Spring that ousted longtime Egyption ruler Hosni Mubarak were lost when Sisi took over. Sisi’s reign of power has continued in this fashion with Egyptians experiencing surging human rights abuses and a large-scale breakdown of civil society.

    In April 2019, Sisi’s government passed constitutional amendments allowing the leader to remain in power until 2030. In the fall of 2019, Egyptian authorities launched their biggest crackdown since Sisi seized power in 2013. According to Amnesty International, over 2,300 people, including more than 111 children, were taken into custody in sweeping and targeted arrests of peaceful protesters, journalists, human rights attorneys, politicians, and political activists. On January 13, 2020, Egyptian-born American citizen Mustafa Kassem died following more than six years of incarceration in Egypt. Kassem had been arrested in August 2013 in Cairo on claims that he had participated in protests against Sisi’s military regime. He suffered from beatings and was held in pretrial detention for over five years before finally, without due process, receiving a sentence of 15 years.

    The COVID-19 pandemic has exacerbated the already abysmal prison conditions in Egypt and Sisi’s government has used the crisis as pretext to even further silence critics and make use of pretrial detention without judicial review.

    Egypt’s North Sinai, a sparsely populated area bordering Israel and the Israeli-occupied Gaza Strip, is a particularly egregious example of the country’s human rights abuses. Attacks by armed groups, including ISIS affiliates, on Egyptian government installations began to rise after the 2011 Arab Spring uprising but increased dramatically following Sisi’s 2013 coup. Instead of protecting Sinai residents in their fight against militants, the Egyption military has “shown utter contempt for residents’ lives, turning their daily life into a nonstop nightmare of abuses,” said Michael Page, Human Rights Watch’s deputy director for the Middle East and North Africa.

    The Egyptian military in the Sinai has been engaging in torture, dissapearances (including of children as young as 12), mass arbitrary arrests, extrajudicial killings, home demolitions, severe curfews resulting in food shortages, and air and ground attacks against civilians. According to Human Rights Watch, these actions amount to war crimes and, according to a 2020 report by the U.S. Department of State, Egypt has repeatedly refused U.S. requests to observe how its military equipment is being used in the Sinai.

    The history of U.S. financial support for Egypt dates back to the 1978 Camp David Accords and 1979 Egypt-Israel peace treaty, when the U.S. began to provide Egypt with aid in a 2:3 ratio in accordance with U.S. aid to Israel. According to the U.S. Department of State, since 1978, Egypt has received over $50 billion in military and $30 billion in economic assistance. Currently, the U.S. gives Egypt $1.3 billion per year ($3.56 million per day) in military aid, making Egypt the second largest recipient of U.S. military assistance after Israel.

    This largesse flowed during the reign of Hosni Mubarak and continues today, despite Sisi’s massive human rights abuses. Following the horrific 2014 Rabaa Square massacre, President Obama halted the delivery of U.S. tanks, missiles, fighter jets, and attack helicopters to Egypt. However, by 2015, he relented and lifted the arms hold, citing the need “to address the shared challenges to U.S. and Egyptian interests in an unstable region.” President Trump famously referred to Sisi as his “favorite dictator,” and praised Sisi for doing a  “fantastic job.” In August of 2017 the Trump administration did cut $96 million and delayed $195 million in military assistance to Egypt over the country’s failure to reduce its human rights abuses, a new law Sisi approved to restrict the activities of nongovernmental organizations, and Egypt’s relationship with North Korea. But these actions were not as tough on Egypt as they appeared to be. According to The New York Times: “by pausing the provision of $195 million in military funding, the Trump administration saved the money from expiring entirely on Sept. 30. This way, Egypt could eventually get the money if its record on human rights improves.” Indeed, the funding was later released without any change in Egypt’s policies.

    Some members of Congress have tried to take action. In October 2020, 56 representatives — 55 Democrats and one independent — released a letter urging Sisi to release prisoners “unjustly detained for exercising their fundamental human rights.” The call was echoed by over 220 European lawmakers. In 2014, Congress began implementing the Leahy Laws on a portion of aid money to Egypt. The law prevents U.S. security assistance to a foreign security force unit when there is credible information that the unit has committed a gross violation of human rights.

    In December 2020, Congress made $75 million (a small portion of the total $1.3 billion) conditional on human rights improvements, without the U.S. State Department being able to waive the conditions by citing U.S. national security interests.

    Unlike Trump, Joe Biden has been quite critical of Sisi. Commenting on the release of an Egypt-American medical student, then-candidate Biden wrote on Twitter: “Mohamed Amasha is finally at home, after 486 days in an Egyptian prison, for raising a protest banner. The arrest, torture, and exile of activists like Sarah Hegazy and Mohamed Soltan or threatening their families is unacceptable. No more blank cheques for Trump’s favorite dictator.”

    Shortly after it became apparent that Biden had won the 2020 U.S. election, Egypt began releasing some political prisoners, including three directors of the well-respected Egyptian Initiative for Personal Rights — Gasser Abdel-Razek, Kareem Ennarah and Mohamed Basheer. On February 6, 2021, they released Al Jazeera journalist Mahmoud Hussein, who had been in prison since December 2016 for  “publishing false information and belonging to a banned group.” After Hussein was arrested, Sisi banned Al Jazeera and other news outlets critical of his rule. Reporters Without Borders has called Egypt one of the world’s biggest and worst jailers of journalists.

    Certainly President al-Sisi is afraid that his days of free rein to commit human rights abuses are over now that Trump is out of office. That’s why he is so desperate for the help of Brownstein Hyatt Farber Schreck to whitewash his image and keep U.S. military assistance flowing. But the Biden administration and Congress must not be swayed by Egypt’s release of a few select prisoners or the lobbying efforts of well-compensated Brownstein employees such as Pelosi’s former chief of staff Nadeam Elshami. They should put a “stop payment” on the U.S. taxpayer-funded check that has enabled Sisi to operate with impunity.

    This post was originally published on Radio Free.

  • The whiplash of authoritarianism is being ruthlessly used in Egypt. On January 6, 2021, Ahmed Khalifa, social news editor of Egypt 360 website, was arrested after publishing a series of reports on workers’ legitimate protests. He was falsely charged with joining a terrorist group and spreading fake news, and remains in detention to date. Before his arrest, Khalifa published articles about strikes at the state-owned ElDelta Company for Fertilizers and Chemical Industry.

    Turn of Events

    In 2011, bold protest chants flowed out from Tahrir Square: from “The people want the fall of the regime!” to “Down, down with military rule!” – everything seemed full of new possibilities. Today, all the dreams envisioned by those chants lie in tatters.  Egyptians have gone through an unprecedented and dizzyingly fast-paced trajectory.

    The Mubarak period (1981–2011) bore the stamp of neoliberal authoritarianism; the tumultuous 30-months long transition after his ouster (2011–13) was filled with hopes about a better future; the afterlife of a military coup (2013–present) has turned history full circle back to an authoritarian age of austerity and pervasive violence.

    Egypt’s short-lived democratic experience lasted one year, starting in 2012 with the presidential election victory of the Muslim Brotherhood’s Mohamed Morsi. Morsi clashed with the military, leading to his ouster by the latter in 2013.

    Whereas Mubarak’s ejection was a case of popular mobilization dismantling the executive power and the authority of the state’s ruling coalition, the protests that began on June 29, 2013, and culminated in Morsi’s arrest on July 3, can be traced to manipulation by the army, Interior Ministry, and General Intelligence Services.

    The military coup signaled the start of a grotesque wave of counterrevolution led by President Abdel Fattah Al-Sisi, where the opposition was legally crushed and the public sphere militarized. Post-2013 Egyptian politics has been marked with capricious state violence, trivial elections and a weakened political economy awash with aid rent, increased dependency on regional states such as Saudi Arabia, Kuwait, and the United Arab Emirates (UAE), as well as financial strangulation by the International Monetary Fund (IMF).

    Economic Problems

    Al-Sisi has left no doubt as to his economic stance, namely unadorned neoliberalism. His economic position crystallized in the organisation of the 2015 Sharm El-Sheikh Investment Conference, advertised to foreign investors and international financial institutions as the launch of Egypt’s new Economic Policy Program. Al-Sisi’s administration passed neoliberal tax and deregulatory investment reforms on the first day of the conference.

    The new tax reforms sliced taxes on higher income earners from 30% to 22.5%, including corporate profits and personal incomes, advertised several tax exemptions in new special economic zones, ended the judicial oversight over state contracts with private businesses and immunized investors from the judicial system in Egypt.

    In November 2016, the military regime took a loan of $12 billion from the IMF. Since then, it has been implementing austerity measures, increasing the assault on workers’ rights, issuing redundancy notices to many employees and eliminating subsidies even as it faces resistance.

    As part of the loan package, IMF also recommended spending cuts and the introduction of a value-added tax; by June 2017, it resulted in the rise of core inflation by 32%. The prices of other items like food, fuel, and electricity rose much faster. Egyptians saw the cost of bread and cooking gas go up by nearly 60%. To put this into perspective, in the year leading up to the 2011 Arab Spring, food prices in Egypt were subject to an annual increase of around 15%.

    Youth unemployment – a driver of the Egyptian rebellion – increased from 16% in 2010 to 42% by 2014. When Egyptians were asked about the major challenges facing the country in 2011, respondents – who were allowed to choose up to six challenges – felt that the economic situation was the most important. In 2011, 81.5% of respondents named the economic situation as the most important problem. By 2014, 90.3% of respondents felt the economic situation was of paramount importance.

    The great majority of 97 million Egyptians struggle to make ends meet in an economy that no leader wishes to reform and that has once again become subject to the dictates of imperialist institutions. Everyone is constantly absorbing shocks from perpetually deteriorating political, economic, and social conditions.

    The Egyptian state has abandoned most citizens in slums of penury, basing itself on a non-existent social contract. None of these outcomes were envisioned when Egypt’s uprising began in January 2011. At the conclusion of the uprising’s first eighteen days, indeed, everything but this disheartening outcome seemed possible.

    Authoritarianism

    Living in a highly unjust order, Egyptians inevitably feel angry at their corrupt dictators. This anger comes out in the form of dissidence. The military regime has assembled an entire police state for the silencing of this opposition. Human Rights Watch describes police stations and prisons in Egypt as having “an assembly line” of torture.

    In 2015, according to the now closed al-Nadim Center for the Rehabilitation of Victims of Violence, almost 500 people died in custody while 676 more were tortured. The subsequent years have been terrible as well: in 2016, the Egyptian Coordination of Rights and Freedom reports, another 14 Egyptians died from torture while in custody and said their lawyers received 830 torture complaints.

    Forced disappearances, or being put “behind the sun” as this tactic is known in Egypt, are also skyrocketing. In a 2016 report, Amnesty International puts the number of people who disappeared in the 100s. The al-Nadim Center documented 464 cases of forcible disappearance at the hands of the state.

    Techniques of mass incarceration have been rapidly developed by the Al-Sisi administration. The Arabic Network for Human Rights Information states in its 2016 report:

    New prisons in Egypt came, unfortunately, not as a result of the increase in population, but rather due to a policy of random arrests, unfair trials and unjust laws passed after July 3, 2013, such as, the anti-protest law and the decision to increase pre-trial detention periods, as well as the widespread impunity policies.

    Wikithawra has documented the arrest and imprisonment of nearly forty-one thousand people between July 3, 2013, and May 2014. An additional 26,000 more were arrested between 2015 and 2016. It is estimated that roughly 60,000 prisoners in Egypt are being held for political views and actions rather than criminal activity. This figure accounts for nearly 56% of all people being warehoused in the country’s jails.

    Fragile State

    The current Egyptian state is extremely fragile. In February 2016, Al-Sisi warned detractors:

    Please, don’t listen to anyone but me. I am dead serious. Be careful. No one should try my patience or exploit my good manners in attempts to tear down the state. I swear to God that anyone who comes near the state, I will remove from the face of the earth. I am telling you this as the whole of Egypt is listening. What do you think you are doing? Who are you?

    Al-Sisi has good reasons to be scared and worried. On average, there have been five times as many collective labor actions and other protests per day under al-Sisi than there were in the 2008–10 period. The country is in dire straits. Sooner or later, there is bound to be another revolt for a more humane social order.

    This post was originally published on Radio Free.

  • Israel’s continued treatment of Palestinian political prisoners is unconscionable. Mohammed El Halabi, an aid worker from Gaza, has been in prison for four years while he awaits his trial; this is nothing short of cruel absurdity. He has been forced before the court over 150 times, many of those appearances secret, without word of when his trial will begin. His last court appearance was January 14, and he and his family still have no word of when his case will begin.


    Israel’s case against El Halabi—whom it accuses of diverting humanitarian funds to Hamas—has been widely condemned as flimsy at best. The amount of funds it claims El Halabi diverted from his employer, the charity World Vision, is more than the organization’s entire annual operating budget; furthermore, World Vision as well as independent auditors found no financial irregularities as has been claimed. In addition, the Israeli government has refused to provide any further information or evidence regarding its claims. This case has not only led to a man’s indefinite imprisonment, but the suspension of significant humanitarian aid to Gaza, which will further impact adversely on the living conditions in the territory, which does not serve Israel’s interests in the least.

    El Halabi is being imprisoned under the cruel practice of administrative detention, a holdover from British-era Mandatory Palestine which allows for an individual to be held without trial indefinitely, under the belief that they may break the law once they are released. El Halabi is not the only Palestinian to whom this legal loophole has been applied; Israel has consistently and heavily used this shameful practice against Palestinian political prisoners. Nelson Mandela adeptly put it when he said, “Prison is designed to break one’s spirit and destroy one’s resolve. To do this, the authorities attempt to exploit every weakness, demolish every initiative, negate all signs of individuality—all with the idea of stamping out that spark that makes each of us human and each of us who we are.”

    The irony here is that while all right-wing Israeli parties and politicians know that they have no choice but to live side-by-side the Palestinians indefinitely, they spare no efforts to alienate the Palestinians in every which way they can. Some, in fact, bask in the illusion that if they make the Palestinians’ lives miserable by incessantly abusing them, many will end up leaving their country. By doing so, these morally hollowed right-wingers will not need to deal with the demographic time bomb. Do these political parties and the politically blind operatives ever stop and think where all this will lead to?

    Sadly, the incarceration of Palestinians with no trial is just one of many egregious acts that the Israeli government employs routinely against the Palestinians; other violations include, among other things, nights raid that terrify children, house demolitions, expropriation of land for any (or often no) purpose, uprooting of olive trees, and arbitrary searches and seizures—all of which are utterly uncharacteristic to a people who have gone through similar tragic experiences for centuries.

    A single act of injustice against any Palestinian casts a wide shadow over all Palestinians, as they collectively feel robbed of their rights and their human dignity. Acts of mercy are remembered for a long time, but an act of horrifying injustice is remembered for much longer as it continues to painfully reverberate within the family and community.

    This of course is not limited to El-Halabi. Thousands of Palestinians prisoners who have no blood on their hands are languishing in Israeli jails as incarceration without trial is used as a deterrent. I do not suggest that every Palestinian is innocent, rather that he or she must be treated as innocent until proven guilty in a court of law. This is one of the fundamentals of a true democracy, governed not only by laws but also by compassion, which Israel takes pride in proclaiming.

    If Israel wants to maintain its status as a democracy—and indeed it has never missed an opportunity to assert itself as the sole democracy in the Middle East—it must treat its prisoners with dignity and respect, regardless of their race, religion, or creed. It should provide them with a full accounting of the accusations against them, and bring them to trial in a reasonable and timely manner—not leave them to languish in prison for years with no hope of seeing the light again.

    It is a stain on Israel—a country that claims to be a beacon of democracy in the Middle East—to engage in such cruel, vindictive practices that go beyond the pale of humanity. It is not too late, however, to right the wrong, not only for the sake of the Palestinians but for the sake of all Israelis, because if the moral tenet of the country is forsaken it diminishes Israel’s reason for being.

    This post was originally published on Radio Free.

  • History, while not always a telling guide, can be useful.  But in moments of flushed confidence, it is not consulted and Cleo is forgotten.  A crisp new dawn can negate a glance to the past.  Having received the unexpected news that Julian Assange’s extradition to the United States for charges of breaching the Espionage Act of 1917 and computer intrusion had been blocked by Justice Vanessa Baraitser, his legal team and supporters were confident. All that was left was to apply for bail, see Assange safely to the arms of his family, and await the next move by wounded US authorities.

    Former UK ambassador Craig Murray, human rights activist and veteran reporter on the Assange case, was initially buoyant in his column.  “I fully expect Julian will be released on bail this week, pending a possible US appeal against the blocking of his extradition.”  He further got “the strong impression that Baraitser was minded to grant bail and wanted the decision to be fireproof.”

    That fireproofing never came.  On Wednesday, January 6, the application for bail by Assange’s legal team was rejected.  Counsel for the US government, Clair Dobbin, built the prosecution’s case around the strong possibility that the publisher might flee the clutches of UK authorities even as the US was gathering its wits for an appeal to the High Court.  “His history shows he will go to any lengths to get away.”

    Forums would welcome this disreputable character: Mexico, for instance, had offered to “protect Assange with political asylum.”  The defence might well say that he would not flee due to poor health, but could they be sure?  A “flight risk” had little to do with mental wellbeing.  Remember, she pressed, what he did during the Swedish proceedings, how he “ruthlessly” breached the trust of those who fronted the bail money. Those who had offered surety for him, such as the Duchess of Beaufort, Tracy Worcester, had also failed in ensuring that Assange presented in court in 2012.  Beware, warned Dobbin, of sinister networks of operatives he could call upon to aid him vanish.  WikiLeaks had, after all, facilitated the escape of Edward Snowden.

    Dobbin’s tone and manner – gloomy and Presbyterian, as Murray described it – was all judgment.  She insisted to the court that, “any idea that moral or principled reasons would bear on Mr Assange’s conscience turned out to be ill-founded indeed.”  And she had much to go on, as Baraitser’s own judgment had essentially accepted virtually everything the prosecution had submitted bar grounds of mental health and the risk posed to him in US prison facilities.

    As for the basis of whether an appeal would succeed, Dobbin was convinced the prosecution were on to something.  The judge, she respectfully submitted, had erred on a point of law in applying the incorrect test on the prison conditions awaiting Assange.  The test was not whether measures taken by US prison authorities would make suicide impossible; the only issue was for authorities to put measures in place to lessen its prospects.  Reprising her role in attacking various defence witnesses who had put together a picture of grotesque danger awaiting Assange, including the ADX supermax prison in Colorado, Dobbin was convinced that the US system stood the test.

    Sidestepping the defence evidence on this, more thorough than anything supplied by the likes of US Assistant US Attorney Gordon Kromberg during the trial, Dobbin argued that no thorough assessment of the facilities for treatment and prison conditions had taken place.

    Baraitser proved accommodating to Dobbin’s whipping submission.  “Notwithstanding the package offered by the defence, I am satisfied he might abscond.”  Having discharged Assange, she promptly repudiated her own ruling in a fit of Dickensian jurisprudence.  “The history of this case is well known…  Assange skipped bail and remained in the Ecuadorian Embassy to avoid extradition to the US.”  Assange would remain in Belmarsh prison pending the US appeal.

    In her Monday judgment, Baraitser had acknowledged the signs of potential suicide shown by Assange during his stay in Belmarsh.  The prison adjudication report confirmed that, on May 5, 2019 “during a routine search of the cell solely occupied by Mr Assange, inside a cupboard and concealed under some underwear, a prison officer found ‘half a razor blade’.”  Baraitser even went so far as to accept, based on the assessment of defence witness Professor Michael Kopelman, that the finding of the razor was not merely a “disciplinary infraction” but one of the “very many factors indicating Mr Assange’s depression and risk of suicide.”

    On Wednesday, her tune was indifferent to the consequences of sending Assange back to a maximum security prison stocked with Britain’s most notorious inmates.  Continuing her long spell of denial on the seriousness of COVID-19 in the UK prison system, she swatted the submission by defence counsel Edward Fitzgerald QC that there had been 59 cases specific to Belmarsh before Christmas and that the prison remained locked down.  Dobbin demurred on this point, showing an email sent by prison authorities at 10.49 pm the previous night claiming that only 3 positive tests for COVID for Belmarsh had been returned.

    The result is that Assange continues to be punished, facing brutal carceral conditions while he awaits the next move by US prosecutors, despite having already served his sentence of skipping bail.  As a dejected Murray wrote, “Julian is living his life in conditions both torturous and tortuous.”

    Amidst the banal cruelties of Wednesday’s proceedings came a smidgen of hope for Assange.  G. Zachary Terwilliger, the US attorney for the Eastern District of Virginia handling the prosecution, had to admit to being uncertain about what a Biden administration would do.  Speaking to NPR, Terwilliger suggested that any decision taken on Assange would “come down to resources and where you’re going to focus your energies.” But he is not waiting to find out: a position at the law firm Vinson & Elkins awaits.

    The UK, having adopted a position as Washington’s proxy jailor, is not about to quit its sordid role. Assange’s wellbeing and health continue to be jeopardised by his stay in Britain’s most notorious prison, where determined despair, as Baraitser herself has acknowledged, can take their toll.

    This post was originally published on Radio Free.

  • A London court has ruled against those seeking Wikileaks founder Julian Assange’s extradition to the US. Assange is charged with 17 counts of espionage as well as hacking.

    This post was originally published on Radio Free.

  • The unexpected decision by Judge Vanessa Baraitser to deny a US demand to extradite Julian Assange, foiling efforts to send him to a US super-max jail for the rest of his life, is a welcome legal victory, but one swamped by larger lessons that should disturb us deeply.

    Those who campaigned so vigorously to keep Assange’s case in the spotlight, even as the US and UK corporate media worked so strenuously to keep it in darkness, are the heroes of the day. They made the price too steep for Baraitser or the British establishment to agree to lock Assange away indefinitely in the US for exposing its war crimes and its crimes against humanity in Iraq and Afghanistan.

    But we must not downplay the price being demanded of us for this victory.

    A moment of celebration

    We have contributed collectively in our various small ways to win back for Assange some degree of freedom, and hopefully a reprieve from what could be a death sentence as his health continues to deteriorate in an overcrowded Belmarsh high-security prison in London that has become a breeding ground for Covid-19.

    For this we should allow ourselves a moment of celebration. But Assange is not out of the woods yet. The US has said it will appeal the decision. And it is not yet clear whether Assange will remain jailed in the UK – possibly in Belmarsh – while many months of further legal argument about his future take place.

    The US and British establishments do not care where Assange is imprisoned – be it Sweden, the UK or the US. What has been most important to them is that he continues to be locked out of sight in a cell somewhere, where his physical and mental fortitude can be destroyed and where he is effectively silenced, encouraging others to draw the lesson that there is too high a price to pay for dissent.

    The personal battle for Assange won’t be over till he is properly free. And even then he will be lucky if the last decade of various forms of incarceration and torture he has been subjected to do not leave him permanently traumatised, emotionally and mentally damaged, a pale shadow of the unapologetic, vigorous transparency champion he was before his ordeal began.

    That alone will be a victory for the British and US establishments who were so embarrassed by, and fearful of, Wikileaks’ revelations of their crimes.

    Rejected on a technicality

    But aside from what is a potential personal victory for Assange, assuming he doesn’t lose on appeal, we should be deeply worried by the legal arguments Baraitser advanced in denying extradition.

    The US demand for extradition was rejected on what was effectively a technicality. The US mass incarceration system is so obviously barbaric and depraved that, it was shown conclusively by experts at the hearings back in September, Assange would be at grave risk of committing suicide should he become another victim of its super-max jails.

    One should not also discard another of the British establishment’s likely considerations: that in a few days Donald Trump will be gone from the White House and a new US administration will take his place.

    There is no reason to be sentimental about president-elect Joe Biden. He is a big fan of mass incarceration too, and he will be no more of a friend to dissident media, whistleblowers and journalism that challenges the national security state than was his Democratic predecessor, Barack Obama. Which is no friend at all.

    But Biden probably doesn’t need the Assange case hanging over his head, becoming a rallying cry against him, an uncomfortable residue of the Trump administration’s authoritarian instincts that his own officials would be forced to defend.

    It would be nice to imagine that the British legal, judicial and political establishments grew a backbone in ruling against extradition. The far more likely truth is that they sounded out the incoming Biden team and received permission to forgo an immediate ruling in favour of extradition – on a technicality.

    Keep an eye on whether the new Biden administration decides to drop the appeal case. More likely his officials will let it rumble on, largely below the media’s radar, for many months more.

    Journalism as espionage

    Significantly, Judge Baraitser backed all the Trump administration’s main legal arguments for extradition, even though they were comprehensively demolished by Assange’s lawyers.

    Baraitser accepted the US government’s dangerous new definition of investigative journalism as “espionage”, and implied that Assange had also broken Britain’s draconian Official Secrets Act in exposing government war crimes.

    She agreed that the 2007 Extradition Treaty applies in Assange’s case, ignoring the treaty’s actual words that exempt political cases like his. She has thereby opened the door for other journalists to be seized in their home countries and renditioned to the US for embarrassing Washington.

    Baraitser accepted that protecting sources in the digital age – as Assange did for whistleblower Chelsea Manning, an essential obligation on journalists in a free society – now amounts to criminal “hacking”. She trashed free speech and press freedom rights, saying they did not provide “unfettered discretion by Mr Assange to decide what he’s going to publish”.

    She appeared to approve of the ample evidence showing that the US spied on Assange inside the Ecuadorian embassy, both in violation of international law and his client-lawyer privilege – a breach of his most fundamental legal rights that alone should have halted proceedings.

    Baraitser argued that Assange would receive a fair trial in the US, even though it was almost certain to take place in the eastern district of Virginia, where the major US security and intelligence services are headquartered. Any jury there would be dominated by US security personnel and their families, who would have no sympathy for Assange.

    So as we celebrate this ruling for Assange, we must also loudly denounce it as an attack on press freedom, as an attack on our hard-won collective freedoms, and as an attack on our efforts to hold the US and UK establishments accountable for riding roughshod over the values, principles and laws they themselves profess to uphold.

    Even as we are offered with one hand a small prize in Assange’s current legal victory, the establishment’s other hand seizes much more from us.

    Vilification continues

    There is a final lesson from the Assange ruling. The last decade has been about discrediting, disgracing and demonising Assange. This ruling should very much be seen as a continuation of that process.

    Baraitser has denied extradition only on the grounds of Assange’s mental health and his autism, and the fact that he is a suicide risk. In other words, the principled arguments for freeing Assange have been decisively rejected.

    If he regains his freedom, it will be solely because he has been characterised as mentally unsound. That will be used to discredit not just Assange, but the cause for which he fought, the Wikileaks organisation he helped to found, and all wider dissidence from establishment narratives. This idea will settle into popular public discourse unless we challenge such a presentation at every turn.

    Assange’s battle to defend our freedoms, to defend those in far-off lands whom we bomb at will in the promotion of the selfish interests of a western elite, was not autistic or evidence of mental illness. His struggle to make our societies fairer, to hold the powerful to account for their actions, was not evidence of dysfunction. It is a duty we all share to make our politics less corrupt, our legal systems more transparent, our media less dishonest.

    Unless far more of us fight for these values – for real sanity, not the perverse, unsustainable, suicidal interests of our leaders – we are doomed. Assange showed us how we can free ourselves and our societies. It is incumbent on the rest of us to continue his fight.

    This post was originally published on Radio Free.

  • Before the January 4 ruling of District Judge Vanessa Baraitser in the extradition case of Julian Assange, the WikiLeaks publisher will continue to endure the ordeal of cold prison facilities while being menaced by a COVID-19 outbreak.  From November 18, Assange, along with inmates in House Block 1 at Belmarsh prison in south-east London, were placed in lockdown conditions.  The measure was imposed after three COVID-19 cases were discovered.

    The response was even more draconian than usual.  Exercise was halted; showers prohibited.  Meals were to be provided directly to the prisoner’s cell.  Prison officials described the approach as a safety precaution.  “We’ve introduced further safety measures following a number of positive cases,” stated a Prison Service spokesperson.

    Assange’s time at Belmarsh is emblematic of a broadly grotesque approach which has been legitimised by the national security establishment.  The pandemic has presented another opportunity to knock him off, if only by less obvious means.  The refusal of Judge Baraitser to grant him bail, enabling him to prepare his case in conditions of guarded, if relative safety, typifies this approach.  “Every day that passes is a serious risk to Julian,” explains his partner, Stella Moris.  “Belmarsh is an extremely dangerous environment where murders and suicides are commonplace.”

    Belmarsh already presented itself as a risk to one’s mental bearings prior to the heralding of the novel coronavirus.  But galloping COVID-19 infections through Britain’s penal system have added another, potentially lethal consideration.  On November 24, Moris revealed that some 54 people in Assange’s house block had been infected with COVID-19.  These included inmates and prison staff.  “If my son dies from COVID-19,” concluded a distressed Christine Assange, “it will be murder.”

    The increasing number of COVID-19 cases in Belmarsh has angered the UN Special Rapporteur on torture, Nils Melzer.  On December 7, ten years from the day of Assange’s first arrest, he spoke of concerns that 65 out of approximately 160 inmates had tested positive.  “The British authorities initially detained Mr. Assange on the basis of an arrest warrant issued by Sweden in connection with allegations of sexual misconduct that have since been formally dropped due to lack of evidence.” He was currently being “detained for exclusively preventive purposes, to ensure his presence during the ongoing US extradition trial, a proceeding which may well last several years.”

    The picture for the rapporteur is unmistakable, ominous and unspeakable.  The prolonged suffering of the Australian national, who already nurses pre-existing health conditions, amounts to cruel, inhuman and degrading treatment.  Imprisoning Assange was needlessly brutal.  “Mr. Assange is not a criminal convict and poses no threat to anyone, so his prolonged solitary confinement in a high security prison is neither necessary nor proportionate and clearly lacks any legal basis.”  Melzer suggested immediate decongestion measures for “all inmates whose imprisonment is not absolutely necessary” especially those, “such as Mr Assange, who suffers from a pre-existing respiratory health condition.”

    Free speech advocates are also stoking the fire of interest ahead of Baraitser’s judgment.  In Salon, Roger Waters, co-founder of Pink Floyd, penned a heartfelt piece wondering what had happened to the fourth estate.  “Where is the honest reporting that we all so desperately need, and upon which the very survival of democracy depends?”  Never one to beat about the bush, Waters suggested that it was “languishing in Her Majesty’s Prison Belmarsh.”  To extradite Assange would “set the dangerous precedent that journalists can be prosecuted merely for working with inside sources, or for publishing information the government deems harmful.”  The better alternative: to dismiss the charges against Assange “and cancel the extradition proceedings in the kangaroo court in London.”

    In the meantime, a vigorous campaign is being advanced from the barricades of Twitter to encourage President Donald Trump to pardon Assange.  Moris stole the lead with her appeal on Thanksgiving.  Pictures of sons Max and Gabriel were posted to tingle the commander-in-chief’s tear ducts.  “I beg you, please bring him home for Christmas.”

    Hawaii congresswoman Tulsi Gabbard has added her name to the Free Assange campaign, directing her pointed wishes to the White House.  “Since you’re giving pardons to people,” she declared, “please consider pardoning those who, at great personal sacrifice, exposed the deception and criminality in the deep state.”

    Pamela Anderson’s approach was somewhat different and, it should be said, raunchily attuned to her audience.  She made no qualms donning a bikini in trying to get the president’s attention.  “Bring Julian Assange Home Australia,” went her carried sign, tweeted with a message to Trump to pardon him.  Glenn Greenwald, formerly of The Intercept, proved more conventional, niggling Trump about matters of posterity.  “By far the most important blow Trump could strike against the abuse of power by CIA, FBI & the Deep State – as well as to impose transparency on them to prevent future abuses – is a pardon of @Snowden & Julian Assange, punished by those corrupt factions for exposing their abuses.”  Alan Rusbridger, formerly editor of The Guardian, agrees.

    While often coupled with Assange in the pardoning stakes, Edward Snowden has been clear about his wish to see the publisher freed.  “Mr. President, if you grant only one act of clemency during your time in office, please: free Julian Assange.  You alone can save his life.”  As well meant as this is, Trump’s treasury of pardons is bound to be stocked by other options, not least for himself.

    This post was originally published on Radio Free.