Appeal gives rubber stamp to frame-up of Palestinians
At the same time as Tony Blair was in Gaza, laying down the law to Palestinian President Yassir Arafat like a colonial governor reprimanding a minor official, relations between Britain and Palestine were further soured with the rejection by three judges of the appeal by Samar Alami and Jawad Botmeh against their conviction and sentence in relation to the bombing of the Israeli Embassy and Zionist HQ in London in 1994. Roland Rance reports.
As readers of Socialist Outlook will know, Samar and Jawad are two Palestinian left activists framed for responsibility for the bombings, and sentenced to 20-year prison terms, in a trial marked by withholding of evidence, official lies, attempts by Israel to interfere with witnesses and other serious misconduct.
In the words of Samar and Jawad’s solicitor, Gareth Peirce, "until they are acquitted, they will be a serious, worrying,terrible miscarriage of justice".
One of the most serious issues is the withholding of evidence from the defence, and even from the judge. Following the trial, it emerged that the prosecution had significant evidence, the existence of which they had they had not revealed.
Much of this evidence is now covered by a Public Interest Immunity (PII) certificate issued by former Home Secretary Jack Straw, issued AFTER the trial. We do not know what this evidence is, but some of it can be inferred from the statements of former MI5 agent David Shayler.
Shayler, who attended the appeal, has stated that, long before the bombings, MI5 had specific evidence of the existence of a terrorist group, linked to a foreign state, which was planning such attacks. This directly contradicts the prosecution argument that British intelligence was operating in "an intelligence vacuum".
In itself, it completely exonerates Samar and Jawad, who, it was agreed, had absolutely no connection with any terrorist organisation or state. Indeed, in rejecting the appeal, one of the judges commented "both appellants are young, educated, idealistic and of exemplary character prior to these convictions, with many years of dedicated, constructive work behind them in support of the Palestinian people".
Shayler further states that, after the bombings, an MI5 agent wrote a report suggesting that Israel had carried them out itself. This document, too, was not disclosed to the defence, jury or judge in the trial.
Other evidence not disclosed to the defence, and only discovered by chance, included the investigation by the police of a mysterious "Mohammed", who posed as a press photographer with links to Islamic groups, and whose flat contained detailed maps of the targets, as well as firearms. According to the prosecution, six separate, unconnected, instances of "human error" led to this withholding of evidence.
There were many other irregular aspects of the case. Although Israeli forensic experts removed all of the rubble from the embassy explosion, they did not share any findings with the British investigators, and no evidence was presented at the trial regarding the type of explosion used.
It seems, however, that this was a high performance explosive, the type used by states and other sophisticated groups; yet another indication of Samar and Jawad’s innocence.
It is also surprising, to say the least, that the security cameras at the Israeli embassy were mysteriously "not working" at the time of the explosion, and the security chief was withdrawn to Israel before the trial and thus not available for cross-examination.
This is particularly surprising since it appears that Israel, like MI5, had advance warning of a possible attack, and had requested increased police protection.
The defence is still seeking information about the shadowy Rida Mughrabi, who seems to have incriminated Samar and Jawad, carried out the bombing, and then disappeared. The police are not seeking him, nor any other suspect, though nobody has been convicted of the bombings themselves.
Indeed, the charges against the only person accused of the actual bombings were thrown out before the defence presented any evidence, since the case against her was so obviously flawed. So the bombers, whoever they are, are still free.
The Samar and Jawad case has clear similarities to other miscarriages of justice. Paddy Hill, one of the Birmingham Six who spent many years in prison after a similar frame-up, has been active in their support. Amnesty has expressed its concern at the use of PIIs, saying this "violates the appellants’ right to a fair trial".
It is unfortunate that, after months of delay, the appeal took place following the attacks on New York and Washington, since this increased the possibility of "guilt by association".
It must be remembered that Samar and Jawad are secularists and leftists, with several Jewish friends and a history of open political activity. This is not the background for bombers.
They now face the prospect of many more years in prison, while appeals are made to the House of Lords, and eventually, if necessary, the European Court. It is almost inconceivable that the European Court will accept the fairness of the original trial, which should lead to their release. But this will not be a speedy process.
The defence campaign must now assess where to go next. While it is necessary to pursue all legal channels, it is now vital to raise the political profile of this injustice. Socialists should be raising the issue in their unions, inviting speakers from the campaign and pressing MPs and other union bodies to support the release of Samar and Jawad. The campaign should also be taken into the heart of the anti-war movement, which is raising concerns over the threat to civil liberties.
Samar and Jawad are innocent. Six years in prison for something they didn’t do is six years too long. Without our support, they face a further 14 years, and then deportation. Join the campaign for Freedom and Justice for Samar and Jawad.
Further information is available at the campaign’s website, www.freesaj.org.uk
Statement by Jawad - November 1, 2001
"We have had an unfair trial that was followed, after a long wait, by an unfair appeal. This was a political trial from day one and we are totally innocent. The real perpetrators still remain free. We were only convenient scapegoats.
A huge amount of evidence is still hidden, all of which points away from us. We will carry on the struggle for our freedom and justice as part of the larger struggle for our people’s freedom and justice.
Evidence – including eye witness evidence about a report written by a senior MI5 manager– points possibly towards the involvement of Israel in the bombings. This report would not have been written without strong supporting intelligence evidence or information. The court has totally ignored this.
The court has also refused to hear a witness that would have pointed towards the further existence of undisclosed information in the hands of the prosecution and the secret services. Justice cannot be served with all this cover up.
The British authorities have followed an alarming familiar Israeli agenda in dealing with us as Palestinians. The Israelis in Tel Aviv and the policymakers at ten Downing Street should understand that without justice for the Palestinians there will be no peace.
Therefore, any declaration from Tony Blair about Palestinian statehood is frowned upon in the Palestinian and Arab streets. Tony Blair wants the Arabs to believe that he will help restore human rights of all Palestinians living under Israeli military occupation when the British authorities have failed in upholding human rights of two Palestinians living in the UK.
Palestinians in the West Bank and Gaza have anxiously been awaiting the outcome of this case to assess the earnest of the proposals made by the British Government regarding justice for the Palestinians. What we faced in this trial is racist and prejudicial attitudes towards Palestinians and Arabs.
These attitudes extend themselves into the assumption that keeping Palestinian prisoners in prison can coincide with their families and people falling in line behind a peace process. The case of Northern Ireland should teach us otherwise. Nobody could have dreamt of a peace process for NI as long as their prisoners remained in jail: why does it then seem so natural for the Palestinian case.
We are innocent, political prisoners of a highly political conflict, no peace can exist without the resolution of this as well as of the wider injustice inflicted upon the Palestinian people."
Statement by Samar - November 1, 2001
"Today, justice has lost, injustice won, again. The judgement further aborts justice, shamefully. The judges seem to have blindness in their hearts and minds. The grave injustice, started in 1995 has today been perpetuated, and the wound deepened. Jawad and I have now to languish onto a 7th or 8th year in prison despite being part of no crime or conspiracy whatsoever.
Despite all the irregularities, inconsistencies, prejudices, errors, injustices, etc that we were subjected to since our first arrest in 1995, we thought the broader picture would be clear for all to see: we are innocent. However, the biased and blinkered approach of the varied investigating and prosecuting authorities meant that once we were viewed as suspects, they refused to see, deliberately ignored, or manipulated evidence that points in a different and more logical direction.
Furthermore, the different branches of the British government have made a mockery of the British legal system by their repeated cover-ups and interference, and left any semblance of "due legal process" in tatters.
Our basic right to a fair and public hearing has been flagrantly and repeatedly violated by practices that fly in the face of basic principles of fairness, especially those expressed in the European Convention of Human Rights and the Human Rights Act. Particularly so as a result of repeated secretive one-sided hearings before, during, and after trial (1995, 1996, 1999, 2000, 2001).
The catalogue of "human errors" by all the concerned – police, prosecution, security agencies – about the same highly specific and serious warning about bombings epitomises the travesty of justice. Worst is the judges’ acceptance of such ridiculous excuses!
How can fairness be claimed when mountains of evidence or information is hidden or withheld, even from the trial judge (if only those in the boxes seen in court in October 2001)?
Politicians, prosecution, and judges conspired against justice through PII. Today justice has been further denied by maintaining our wrongful conviction.
I AM INNOCENT and nothing and nobody will make me a terrorist. As a Palestinian and a human being, it seems seeking justice is like asking for the moon!
But I refuse to be buried alive with the hidden evidence, and do not accept the ruling of a system lacking basic transparency and fairness, and seeming to be able to justify anything it likes!
I have to continue to be deprived of precious liberty for no crime, yet I have yet to see one Israeli responsible for one crime against one Palestinian or Lebanese in the past 5 months or 5 or 50 years brought to account. Israeli terror and might will never be right.
I will never regret being part of the Palestinian people’s struggle for justice and basic rights, for life with a minimum of dignity, humanity, and freedom.
Everyone’s life and freedom are most precious. If my life and freedom have to be compromised in the course of seeking greater justice and freedom so be it! I can never give up or give in to injustice. For that would probably be worse than death and is the greatest threat to my humanity.
I will continue to hope that truth and justice will eventually prevail, that the nightmares will be over before it is too late, and that the efforts and sacrifices of so many will not be in vain.
I remain hungry and angry for justice and freedom. I vow to somehow fight on as best as I can and as long as it takes, despite the pains of the continued injustice.
I reject today’s wrongful judgement and reserve the right to a fuller response in the near future.
I wholeheartedly express my sincerest thanks and appreciation to all my family, friends, wonderful legal team, and all those who supported our case.
Down with oppression and injustice! Down with Israeli occupation and aggression!
Long live freedom and justice! Victory to the just cause of the Palestinian people!