Jan.-Feb. Issue #1
Freedom of the Press in Liberated Jenin
Background
Last August, the first issue of Jenin rolled off the press. Jenin is a
local weekly newspaper focusing on local issues. The editor and publisher
is Imad Abu Zahra, a journalist who also owns the An-Nakheel press office.
Prior to opening either enterprise, Abu Zahra applied for and received the
proper licenses from the Palestinian Ministry of Information. The fifth
issue of Jenin appeared on 22 September 1996. One of the sections of the
newspaper is 'Varieties,' and it deals with local news and commentary. One
of the items in the last issue was about the recent rental of a new
headquarters for the General Federation of Labor in Jenin:
The General Federation of Labor in Jenin has recently hired a huge office
to satisfy its need for a new headquarters. It must have cost a lot. God
only knows how vital this action really was, after taking into account the
fact that the union's sport club lacks elementary equipment, and only
consists of one multipurpose room. I think that the sport club deserves
more attention, especially since the present union headquarters is located
in the heart of the city, and is most convenient.
The General Federation of Labor decided in response to this article, to
file a complaint with the Jenin police against Imad.
Abu-Zahra for libel and slander. On Sunday, October 6, Abu-Zahra received
a phone call from the Jenin police station informing him of a charge for
libel and slander filed against him by the representative of the union,
Bayer Said Bayer, and asking him to come and give testimony. At the police
station, he told the investigator that he wrote the articles in question,
and answered other questions related to the complaint. The investigator
promised to call as soon as there was a court date.
"On Tuesday, October 8, I called the police station, because they were
supposed to have let me know when I would have to appear in court. The
police told me to come right away I was interrogated on the "Varieties"
section of my newspaper. Then I was told that they would keep me in
custody until the date of the trial. I questioned the legality of this
step, and they said that the Colonel Jamil Ahmed, Commander of the Jenin
police station, had given the orders." (The quotes are from Abu-Zahra's
testimony).
Abu-Zahra was held until midnight. During this time, he was told by
Colonel Ahmed that there were three reasons for his arrest: 1. Lack of a
license from the police to publish a newspaper; 2. Abu-Zahra is 'not
really a journalist and is unqualified to publish a newspaper'; and 3.
Lack of a certificate of good conduct to the police station.
These charges were never presented in writing, and it is unclear until
today, which laws have been broken, or even what the connection is between
the accusations above and the original civil charges. Colonel Ahmed also
complained that Abu-Zahra was attacking 'national institutions', confusing
the situation, and 'arousing suspicion as to whether I as qualified to be
a journalist.'
In reply to the charges, Abu-Zahra explained that: 1. He is in the
possession of an appropriate license from the Ministry of Information, and
the local police do not have the authority to either issue or demand such
a license; 2. Certainly the Ministry of Information would not have issued
a license to an unqualified person; and 3. When the newspaper was founded,
there were no Palestinian Police in Jenin. The Preventative Security
Service was asked for a certificate of good conduct, but they only agreed
to give verbal approval. In any case, he does not have a criminal record.
Abu-Zahra was also asked about the most last issue of Jenin, and accused
of inciting chaos and discord, and of libeling other institutions in the
Jenin District. Abu-Zahra was also asked to prove that he was a
journalist, despite the fact that the police already had in their
possession his license for publishing a newspaper and running a press
office. Abu-Zahra showed his Palestinian Journalist Union press card, and
Israeli Government Press Office card.
Authorities can't get their stories
straight
While Abu-Zahra was sitting with colonel Ahmed, he called another
policeman, and asked him who was responsible for the suspension order.
Abu-Zahra's lawyer was told before hand that the person responsible for
his arrest was Colonel Ahmed. On Wednesday, October 9, Abu-Zahra went to
the court The representative of the General Federation of Trade Unions was
not present. He asked the prosecutor, Ossama
Al-Killani why this was the case- "if I am accused of libel and
slander; then were is my accuser?" In reply to the question, Al-Killani
made the same charges as Colonel Ahmed had, regarding Abu-Zahra's
unsuitability to practice journalism and publish a news paper. He asked
for the license, which he said was missing from the file. It had been
submitted to Colonel Ahmed only the day before. Abu-Zahra offered to
retrieve the original copy of his license fro the office. Al-Killani
refused., saying that "your real license is to close the newspaper
immediately." Then he wrote the decision down in his file, and ordered him
to wait in the court holding cell.
"I stayed there for two hours. Then I was called to the prosecutor's
office again. He started to read items from the 'Varieties' section,
focusing on controversial points." There were four items that angered Al-Killani.
The first related to the General Federation of Trade Unions. The second
was about the taste of imported cigarettes, claiming that American
cigarettes imported from Israel taste better than those imported by the
Authority. The third questioned why those who called for a home to be
build in Jenin for Yasser Arafat were not also suggesting to fund it
themselves The fourth item criticized the municipality's decision to build
new roads instead of repairing old ones.
"He insulted me saying, you are crazy. I replied, I am not crazy, I edit
and publish Jenin's newspaper. He called me ignorant, and claimed that I
was not a journalist. He mentioned the criticism against the trade union
and the municipality, describing it as libelous and insulting." They also
discussed the issue of licensing: "I asked him why he is making such an
issue of the licensing after the 5th issue, while nothing was done for the
first 4 issues, all of hem sent to the proper authorities as a present?
After I asked this question, he told the policeman in the waiting room to
arrest me again."
After four hours in the court holding cell, Abu-Zahra was released
following the intervention of public figures, including the Mufti of Jenin.
During the meetings in the prosecutors office, there were two friends of
the prosecutor who have no connection to this case.
Arrested for Graffiti
On the morning of October 10, the police visited Abu-Zahra at his office
and asked him to come to the police station. An officer questioned him
about graffiti on the door of the court holding cell reading: "Jenin
Newspaper." He was charged with damaging public property and told to wait
for Colonel Ahmed. It must be noted that the cell in question is covered
in graffiti, much of it violent in tone and directed against the PNA. "I
wondered in my testimony if the prosecutor has arrested all the people who
have written a name or a slogan on the jail cell wall."
Abu-Zahra was called before a judge two days later. the crime of damaging
public property was discussed, and the judge ruled that during the next
week, a painter would be brought to assess the damage.
Council Member Turkman Intervenes
Palestinian Legislative Council Member Turkman, representing the Jenin
refugee camp, tried to assist and went to see Al-Killani. The prosecutor
then ordered Abu-Zahra to submit a formal request for lifting the
suspension of the newspaper. A 'formal request' is one that was paid for:
$11 plus $1.25 in tax stamps. "Since the suspension order was given
verbally, I asked if I could apply verbally. [The following week] I went
to the prosecutor and submitted a letter to have the suspension lifted. He
asked me into his office, He said: 'you told the District Governor and all
the Council Members.... You won't be famous on my account. Get lost and
submit your request formally. Otherwise, I will put you in jail."
"I answered, excuse me, I want a formal suspension order. You cannot enact
law by yourself. The prosecutor said, 'listen: I can put you into jail, I
can close your newspaper office now.' I answered, I am a law abiding
citizen, and I haven't broken any law. He said, 'I am the law.'"
Abu-Zahra asked again for a formal suspension order, and the prosecutor
said that he could put him in jail and never release him. He ordered
Abu-Zahra to leave and submit a formal request, or he would be put in jail
immediately.
While still in the building but on his way out, a policeman and the
prosecutor's associates caught up with Abu-Zahra to tell him that he was
being arrested for 14 days for disturbing the court, and for three months
for missing the court date to be used for estimating the damage to the
jail cell door. After the intervention of Legislative Council Members, he
was released on bail. Colonel Ahmed took the opportunity to threaten
Abu-Zahra with a severe beating by speaking to his father, telling him
that 'you won't recognize your son' if he didn't behave, and telling him
to teach him some manners.
Conclusion:
It appears that the victimization of Abu-Zahra is the direct result of
criticism made against powerful people in Jenin. That the criticism
related only to municipal affairs did not mute the ferocity of the
reaction. A ruling establishment so threatened into overreacting is a weak
establishment indeed, one that feels the need to strike out blindly at any
threat, really or imagined.
As a result of Abu-Zahra's plea for help to the Independent Commission for
Citizen's Rights, the prosecutor's office seemed to show a willingness to
allow Jenin to come out again. But because of the financial hardship
imposed on Abu-Zahra ( his business was shut down for months), this many
be impossible. In the end, the authorities will claim that they are doing
nothing to stifle the free press, that all their actions are covered in a
mantle of legality, and that Abu-Zahra is free to publish Jenin now that
'his obligations' have been met. And if it is too late because of the
financial ruin of Jenin, that is the responsibility of it's editor and
publisher.
But we know that despite the efforts of the Independent Commission, and
even the Ministry of Information (see letter above), the local authorities
conspired to violate the Palestinian Press Law. Who now, shall prosecute
the prosecutors? We invite the public to write letters so support for Imad
Abu-Zahra, care of the PHRMG. We will forward the letters to the Ministry
of Information.
Response of the Ministry of Information
because of the financial hardship imposed on Abu-Zahra ( his business was
shut down for months), this many be impossible. In the end, the
authorities will claim that they are doing nothing to stifle the free
press, that all their actions are covered in a mantle of legality, and
that Abu-Zahra is free to publish Jenin now that 'his obligations' have
been met. And if it is too late because of the financial ruin of Jenin,
that is the responsibility of it's editor and publisher.
But we know that despite the efforts of the Independent Commission, and
even the Ministry of Information (see letter above), the local authorities
conspired to violate the Palestinian Press Law. Who now, shall prosecute
the prosecutors? We invite the public to write letters so support for Imad
Abu-Zahra, care of the PHRMG. We will forward the letters to the Ministry
of Information.
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