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Tuesday, December 17, 2002
Archives: INDICTMENT OF MK AZMI BISHARA

Archives: INDICTMENT OF MK AZMI BISHARA

[17 December 2002: Attorney General Elyakim Rubinstein will ask the Central
Election Committee to disqualify the Arab list Balad (National Democratic
Alliance) from competing in the Knesset elections because its goals
contradict the Jewish-democratic nature of the state of Israel and because
it supports organizations fighting against Israel.

Below is the indictment of MK Azmi Bishara.

In the Jerusalem Magistrates' Court Criminal File __/01

The State Of Israel
The Prosecutor

- Versus -

Azmi Bishara

Father's Name: Anton
ID 054389745
Born 22.7.56
Shikun Ram 110, Nazareth
Bet Hanina, Jerusalem
The Accused

Indictment

The accused is hereby charged with offenses under the Prevention of
Terrorism Ordinance, as follows:

A. The Facts

The Prohibited Acts - Generally

1. On the dates relevant to the indictment, the accused was registered with
the State of Israel Population Registry, and held office as a Knesset member
and leader of the Balad - "National Democratic League" Party.

2. In speeches given by the accused at two different gatherings that were
covered by the media, one in the town of Um El Fahm to mark 33 years since
the Six Day War, and the second in Kordoha, Syria, to mark the first
anniversary of the death of the Syrian President, Hafez El Assad, the
accused identified himself with the "Hizbollah" organization - which is a
"terrorist organization" as defined under the Prevention of Terrorism
Ordinance, 5708 - 1948 - (hereafter the "Hizbollah organization"), praised
it for the terrorist acts it perpetrated and called for such methods also to
be adopted as part of the Palestinian struggle against Israel.

3. On such occassions the accused expressed to his listeners, and via the
media to the wider public both inside and outside of Israel, inter alia, the
positions, messages and calls as follows:

a. With regard to members of the Hizbollah organization, whom he termed "the
resistance fighters in Southern Lebanon", the accused expressed appreciation
for what he called the perseverance and heroism that he claimed brought
about Israel's defeat and the end of its control in Southern Lebanon. He
praised the Hizbollah organization for fully comprehending and exploiting
the Israeli mood, stating that Israel's patience with the losses sustained
at the hands of the Hizbollah organization had run out, and for ensuring
that its guerrilla war against Israel would be well covered in the media.

b. In his speeches, the accused described what he viewed as the triumph of
the Hizbollah organization over Israel in Southern Lebanon, and referred to
the Hizbollah organization's right to be proud of its achievement, and to
humiliate Israel; the victory, in his words, had also given him, the
accused, for the first time, the taste of victory, which had, for the first
time since the Six Day War, been a spark of hope for him too.

c. The accused praised what he termed the path of "Makauma" ("resistance")
of the Hizbollah organization and its procedures, which he saw as a model
for success to be implemented in the overall struggle against Israel and
Israelis. The accused warned enemies of the state not to be dragged into
what he described as an Israeli attempt to dictate to the Arabs the choice
between one of two paths - either overall war or surrender to the dictates
of Israel, and he called his listeners to chose a third path, that of an
overall struggle against Israel - the path of "resistance".

4. In his utterances and calls before the public audience, as described in
this indictment, the accused knew:

a. That the path of "resistance" carried out by the Hizbollah organization,
like other terrorist organizations operating against Israel (and more
strongly since the start of violent events in October 2000), is known to all
mainly for the acts of terrorism and violence that characterize it, and that
it is identified by everyone - including his listeners - as the path taken
by terrorist organizations in their struggle against Israel.

b. As stated above, that his audience of listeners understands his words
and their meaning as support for terrorist organizations operating against
Israel and also as a call, in effect, to express resistance by way of
terror, as does the Hizbollah.

The First Incident - The Speech and Participation in the Gathering in Um El
Fahm

5. On 5.6.00, approximately two weeks after the IDF withdrawal from
Lebanon, the Balad Movement held a gathering at El Anis Hall, in the town of
Um El Fahm, to mark 33 years since the Six Day War.

6. The invitation to the gathering was advertised in the "Pazel El Maral"
newspaper, wherein it was stressed that the gathering, to commemorate 33
years since the June '67 war, will take place "in an atmosphere of the
triumph of the resistance in Lebanon and the liberation of Southern Lebanon,
and in the context of the need to find some benefit from this colossal
experience".
7. The hall in which the gathering took place was decorated with PLO flags
and signs bearing slogans such as:

"Greetings From Um El Fahm to the Heroes of Lebanon."

Hundreds of participants came to the gathering, which was covered by the
media.

8. The accused gave the main address at the gathering, wherein he made the
following comments:

"The Hizbollah has triumphed, and for the first time since 1967 we have
experienced the taste of victory. The Hizbollah has a right to be proud of
its achievement and to humiliate Israel. Israel is currently trying to
improve its image around the world and is peddling an incorrect version, as
if it has carried out UN resolution 425, but it suffered defeat after
defeat, and was forced to leave Southern Lebanon. That is the truth. This
is the first 5th of June since '67 that has brought about a change in our
level of morale, the first time that we can see a spark of hope. If we had
learned a lesson from what has been called "Alnakba", the defeat of 1967
would not have happened.. Lebanon, the weakest of Arab countries, presented
a minute model which, if we look deep into it, we will find the conclusions
necessary for success and victory - a clear objective and an eternal will,
and the preparation of the necessary means required for reaching that
objective. Israel accused Syria and Iran of exploiting the Hizbollah in
order to achieve their own interests, but that is not true. The Lebanese
resistance forces are those that successfully exploited the shaky relations
between Syria and Iran, and Israel, for their own interests. and the
Hizbollah understood the mood in the Israeli street and fully exploited it.
It ensured that its guerrilla war would be well covered by the media, and
each of its achievements greatly influenced the morale of the nation in
Israel whose patience slowly ran out in light of the losses it sustained at
the hands of the Hizbollah."

The Second Incident - The Speech and Participation in the Gathering in Syria

9. On 10.6.01, the accused participated in a memorial ceremony for the
Syrian president, Hafez El Assad, in Kordoha, Syria.

10. Participating in the ceremony were leaders of terrorist organizations,
as defined under to the Prevention of Terrorism Ordinance, including Hassan
Nassrallah, secretary general of the terrorist Hizbollah organization and
Ahmed Jibril, leader of the terrorist organization the Popular Front for the
Liberation of Palestine - General Command.

11. The order of speeches at the gathering was organized in advance and
distributed among the participants. Among the speakers were Nassralla and
the accused. The gathering was also reviewed, filmed and broadcast on
television and radio throughout the world, including in Israel.

12. The accused sat at the gathering next to Ahmed Jibril.

13. In his address to the gathering, the accused said, inter alia, the
following:

"We can no longer continue without expanding the gap between the
possibility of an overall war and the fact that surrender is impossible.
What characterizes the Sharon government is that after the victory of the
Lebanese "resistance", which made effective use of this gap, which Syria had
consistently widened, whether it accepts the Israeli conditions referred to
as a durable overall peace or takes the military option. This gap benefited
the tenacity and perseverance and heroism of the leadership and fighters of
the Lebanese "resistance".
However, after the triumph of the "resistance" and after Geneva and after
the failure of Camp David, an Israeli government came along that has tried
to narrow this gap in order to pose a choice phrased as follows: either
accept Israeli conditions, or an overall war will ensue. Accordingly it is
impossible to continue with the third option, which is the option of
"resistance", except by again widening this gap so that people can conduct a
struggle and "resistance". This gap can only be widened through a united and
effective Arab political stance in the international arena, and for this the
time has come."

(The full version of the accused's speech in Arabic is attached to the
indictment, and constitutes an inseparable part thereof).

14. By his aforesaid actions, the accused, who is a Knesset member and an
elected leader of a community of supporters, on two separate occassions as
described heretofore, from a public platform and under the scrutiny of the
media, did the following things:

a. Orally publicized words of praise, sympathy and encouragement for acts
of violence, which might cause a person death or injury.
b. Orally publicized words of praise, sympathy, and a call for help and
support for a terrorist organization.
c. Performed an act in a public place that demonstrably identified with a
terrorist organization, or sympathized with it.

B. Statutory provisions under which the Accused is charged

Support for a terrorist organization - two offenses under section 4(a), 4(b)
and 4(g) of the Prevention of Terrorism Ordinance, 5708-1948.

C. Witnesses for the Prosecution

1. Superintendent Fadal Z'in - The National Fraud Squad (Northern Branch)
2. Deputy Commander Benny Ackerman - The National Fraud Squad (Northern
Branch)
3. Chief Inspector Nasser Sallameh - The National Fraud Squad (Northern
Branch)
4. Avraham Tirosh - "Maariv" - Maariv house, Kaplan 2, Tel Aviv.
5. Muhammed Said Veted - Kfar Gat.6. Said Badran - "Maariv" - Maariv house,
Kaplan 2, Tel Aviv.
7. Deputy Commander Reuven Roskis - The International Crimes Investigations
Unit
8. Yair Regev - The International Crimes Investigations Unit
9. Superintendent Eli Halfon - The International Crimes Investigations Unit.
10. Waled Yassin - Shfaram, Midan neighborhood.
11. Amos Gilad - Expert Opinion - will be summonsed via the Prosecution.

Today: 25 Heshvan, 5762
12 November, 2001

_______________________
Moshe Lador
District Attorney, Jerusalem

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