by Edna Edato
Jerusalem court convicts Raed Salah over speech that called for a popular uprising, used the words 'blood' and 'martyr' repeatedly and seemed to encourage violence against security forces • Salah's defense: His speech was in a gray zone.
Leader of the Islamist
Movement's northern branch Sheikh Raad Salah
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Photo credit: Israel Police 
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Photo
credit: Israel Police
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Salah was indicted in 2008. The indictment stated that on Feb. 16, 2007,
Salah appealed to hundreds of his supporters in the north, where he leads the
local branch of the Islamic Movement, calling on every Muslim to "start
the Arab Islamist intifada, from ocean to ocean, to support the holy city of
Jerusalem and the blessed Al-Aqsa mosque."
"We never allowed ourselves to knead the bread of the holy Ramadan breakfast with the blood of children. If someone wants a more detailed explanation then all they need to do is ask what happens to some of the children in Europe, if their blood is used to knead holy bread," Salah said.
"We never allowed ourselves to knead the bread of the holy Ramadan breakfast with the blood of children. If someone wants a more detailed explanation then all they need to do is ask what happens to some of the children in Europe, if their blood is used to knead holy bread," Salah said.
"On that same day all the streets of holy Jerusalem will be purged of
the blood of innocents, who let their own blood exacting the souls of Israeli
occupation soldiers occupying the blessed Al-Aqsa mosque ... I say clearly and
without hesitation, you who incite against us, do not be tempted by the ranks
on your shoulders. These ranks and stars on your shoulders are made from the
skulls of our martyrs," he said.
The indictment stated that Salah's speech was interrupted several
times by excited crowd members. Some called out "Allah is great."
Others shouted, "With our life and blood we will redeem you,
Al-Aqsa."
At the end of his speech and following prayers, the crowd became agitated.
A few individuals threw stones at nearby police officers. In the ensuing
commotion between security forces and the Palestinian protesters, three border
guards were wounded.
Salah's defense attorney claimed that the charges against his client
"were in the gray zone between the legal right to freedom of expressions
and the limits of the law."
"His statements were made on the backdrop of an intense protest,"
he said.
Judge Hannah Miriam Lomp ruled that Salah's speech was incitement to
violence because he called for a popular uprising. She mentioned repeated
use of the words "blood" and the phrase "we will meet God as
martyrs on the blessed Al-Aqsa grounds" as further proof that his speech
encouraged violence.
"Indeed the freedom of expression is a supreme value in any democracy,
but this freedom is not without limits. The state is obligated to shield its
citizens and security forces from violence, so it cannot tolerate statements
that call to harm [the state] or security forces," she said.
The judge cleared Salah of incitement to racism, saying that the
prosecution could not prove "beyond reasonable doubt that there existed a
causation between the riots that broke out and the defendant's speech."
She further noted that the defendant's comments on blood libel "were not
entirely clear; they conflated various terms from different religions. For
example, the defendant said that the blood of children was mixed with the holy
bread -- which is a type of bread used by Christians -- not with matzah, the
bread of affliction consumed on Passover according to Jewish tradition, and
which was originally associated with the blood libel in Europe. The defendant
denied he was referring to the Damascus Blood Libel and I accept that.
Therefore, due to the lack of clarity in his comments and in light of the
explanations he provided I harbor doubts as to whether he was aware of the
implications of his actions and the likelihood that they would lead to violence
and racism. Therefore, the defendant is found not guilty on the count of
incitement to racism."
Salah's sentencing hearing will take place at a later date. Several years
ago, Salah was found guilty of disorderly conduct, in addition to accosting a
public official near the Temple Mount. He was sentenced to nine months in
prison and to another six months in prison as part of a suspended sentence, in
addition to a 7,500 shekel ($2,100) fine. Salah's assault consisted of spitting
on a border policeman.
Judge Yitzhak Shimoni, who presided
over his first trial, said, "This is a harsh sentence that is designed to
make the defendant internalize the severity of his crimes; his action are not
just disrespectful of the policeman but also express hatred and a lack of
respect to uniformed personnel who represent the rule of law in the state of
Israel and the foundations of our government."
Edna Edato
Source: http://www.israelhayom.com/site/newsletter_article.php?id=13181
Copyright - Original materials copyright (c) by the authors.
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