Beer el-Sabe Magistrate Court Acquits Four Arab Citizens Charged with Sedition and Supporting a Terrorist Organization during Participation in 2002 Land Day Protests

On 27 January 2005, after almost three years of continuous hearings, the Magistrate Court in Beer el-Sabe (Beer Sheva) acquitted four Arab citizens of Israel who were charged with sedition under sections 134(a), 136(1) and 136(4) of the Penal Law -1977 and with supporting a terrorist organization under emergency regulations sections 4(a) and 4(g) of the Prevention of Terrorism Ordinance - 1948.

On 12 April 2002, with the agreement of the Attorney General (AG), the prosecution submitted indictments against the protestors following their participation in a Land Day demonstration that took place near the town of Rahat in the south of Israel on 30 March 2002. The purpose of the demonstration was to protest against the government's policy of home demolitions in the unrecognized villages of the Naqab (Negev), and also against Israel's military operations in the Occupied Palestinian Territories, including the siege of former Palestinian President Yasser Arafat in the Muqata in Ramallah. According to the indictment, during the demonstration the men called out different slogans in support of Hezbollah and Palestinian resistance organizations. Prior to the submission of the indictment, the accused were arrested and detained without bond for several days. Upon their release from detention, many restrictions were imposed upon them, including being placed under continuous house arrest and being prevented from leaving the country.

The proceedings against the accused lasted almost three years. At these evidentiary hearings held prior to trial, the prosecution tried to submit two videotapes of the demonstrations that were filmed by Israeli TV Channels One and Two as the main source of evidence against the accused. Adalah challenged the authenticity of the videotapes, and asked the Court to find them inadmissible as evidence against the accused. The Court rejected the submission of the videotapes, holding that the prosecution failed to bring sufficient facts to prove their authenticity.

On 26 January 2005, the prosecution informed the Court that it did not intend to bring further evidence in this case and that, "According to the evidence that we have thus far presented to the Court, the defendants cannot be obliged to respond to the charges against them. Therefore, the defendants must be acquitted."

The following day, the Court acquitted the men of all charges against them. Three of the accused - Mr. Abd al-Karim Atayka of Rahat, Mr. Wadia al-Atawni of Hura, and Mr. Muhammad Muhajni of Umm al-Fahem - were represented by Adalah Attorneys Hassan Jabareen, Abeer Baker and Morad El-Sana. The fourth defendant, Mr. Youssef al-Atawni, was represented by Attorney Noam Aligon of Beer el-Sabe.

Crim. Case 2078/02, The State of Israel v. Abd al-Karim Atayka et. al. (acquittal, 27 January 2005).