Tel Aviv Magistrates' Court Begins Hearing Defense in Criminal Case against MK Barakeh for Alleged Protest-Related Offenses

MK Barakeh: "These false accusations are political persecution"

Adalah: "The indictments must be cancelled as they are based on deep contradictions in the prosecutions' witnesses."

MK Mohammad Barakeh (Hadash/Jabha) testified on 23 December 2012 before the Magistrates’ Court in Tel Aviv, during the first day of hearings of defense witnesses in the criminal case pending against him. MK Barakeh is fighting against charges stemming from his participation in demonstrations in 2005 and 2006. Israeli state prosecutors have charged MK Barakeh with assaulting a border policeman in May 2005 during a demonstration in the West Bank village of Bi'lin against Israel's Separation Wall, trying to prevent an arrest of an activist. They also accuse him of assaulting a right-wing activist in July 2006 during a demonstration against the Second Lebanon War, while defending an elderly demonstrator against an attack from that same activist. Adalah Attorneys Hassan Jabareen and Orna Kohn represent MK Barakeh.

On the second charge stemming from the 2006 event, MK Barakeh testified that he did not attack anyone. He noted that according to all prior testimonies received by the court, he had been walking peacefully with other demonstrators. Therefore it makes no sense that he would assault anyone. "The charges are false and fabricated, and designed to prosecute a public representative because of his political positions," he testified.

MK Barakeh called the first charge stemming from the 2005 event a fabrication as well. He pointed out that one of the soldiers describing the incident described the assailant as a short man; notably MK Barakeh is a tall man. MK Barakeh emphasized that he did not interfere with the work of any police officers or try to prevent the arrest of any of the demonstrators. During the demonstration, his foot was severely burned by a stun grenade thrown in his direction, and he was taken away by ambulance because of the injury. He noted that of the list of witnesses, only he had been injured, and asked: "How can I then be accused of attacking?" MK Barakeh vehemently rejected the testimony of one of the undercover soldiers ("mistaravim”), who claimed to have seen him and "his colleagues" throwing stones. Finally MK Barakeh stressed that "the prosecutor must drop this investigation immediately and begin investigating my complaint [for being assaulted by police] before Mahash [The Ministry of Justice Police Investigation Unit]."

MK Barakeh's testimony continued: "Indictments have not been filed against any other Knesset members, including against MKs for offenses such as those conducted during protests against the unilateral Israeli withdrawal from the Gaza Strip. They were released from prison by administrative decision. Knesset members then stood in front of military vehicles to block their paths, but they were not served with any indictments. Therefore, how can we doubt that these are not attempts to harm me and my reputation?"

Adalah pointed out that this indictment is the first of its kind in Israel, whereby a member of parliament is charged for his participation in a demonstration. "This trial is a continuation of the persecution and attempts to de-legitimize the political activities of the Arab public through prosecution and criminalization of their political representatives. The prosecution must withdraw the indictment after hearing the conflicting and contradictory testimony given by the soldiers." 

The Court has already dismissed two of four charges against MK Barakeh, deciding that they fell within his parliamentary immunity. Adalah emphasized that the dismissal of the two charges occurred during the preliminary proceedings in the case, i.e. before examination of the substance of the charges against him. This fact shows that the indictment is weak, flimsy and should be dismissed in full.

The evidentiary hearings will continue shortly.

Read more:

Tel Aviv Magistrates' Court Dismisses Two of Four Charges against Arab MK Mohammed Barakeh. Adalah: The indictment is weak, flimsy and should be dismissed in full – 26 October 2011