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housing rights ensuring the right of every human to appropriate shelter preventing home demolitions trial"..And if a Stranger sojourn with thee in your land, you shall not wrong him. But the stranger that dwells with you shall be to you as one born among you, and thou shalt love him as thyself.."Leviticus 19:33-34 In April 2003, Rabbi Arik Ascherman, Executive Director of the Rabbis for Human Rights, together with Ori Omer, and Shai Eliezer Tzvi found themselves between a bulldozer and a home destined for demolition. Despite their non violent protest, the homes were destroyed, leaving two large extended families homeless within minutes. The three were arrested and charged with interfering with police in the execution of their duties. The trial began on January 14, 2004. On March 24, 2004, the Magistrates Court in Jerusalem rejected the claim of "defense of justice" (that the case should be thrown out because of the patently unjust nature of the home demolition policy). During the third hearing on September 21, 2004, Rabbi Ascherman summarized his experience in the field of home demolitions, spoke of the human toll involved and appealed directly to the Court with religious arguments. The prosecution characterized Rabbi Ascherman´s testimony as political, maintaining that his actions were not passive resistance. On January 9, 2005, the Court accepted the prosecutions objection of the attempt of the Defense to describe the plight of the families whose homes were demolished. The court accepted that the comprehensive report by B´TSELEM detailing the systematic and deliberate discrimination against the Palestinian population of East Jerusalem in all matters relating to land, development and housing construction, was only admissible as a document that reflected the ideological beliefs of the defendants, as not as factual content. The Court accepted the Prosecutions objection of the request of the Defense to bring additional expert witnesses, on the claim that the Court already had enough testimony to reach a decision, and accepted the Defendants claim that there were negations between the defendants and the police before the homes were demolished. On March 22, 2005, The Court concluded that the trial proved that the Defendants actions interfered with a police officer in the fulfillment of his duties, and that the actions were done with the intention to interfere with a police officer in the fulfillment of his duties. The Court rejected all of the arguments that the Defense presented before the court, and found Rabbi Ascherman guilty of 2 counts of criminal behavior, and Mr. Omer guilty of 1 count, according to Chapter 275 of the Israel Penal Code (1977), which includes a sentence of three years in jail or a fine. After the conviction, the Prosecution, admitting that the Defendants guilt was based on ideological motivations, offered to cancel the conviction, in return for the Defendants performing community service. On March 23, 2005, the Defendants Lawyer, Adv. Leah Tzemel, notified the magistrate that the Defense accepted the Prosecutions offer, without admission of any guilt, and without relinquishing its right to appeal. The following are various news clippings, photo galleries, affidavits, press releases, background papers, testimonies and eye witness accounts of the demolition, arrest and ensuing trial. »»Sign your name to the letter of Support Prosecution Requests Cancellation of the Conviction of Rabbi Arik Ascherman and Omer UriRHR Press Release: March 22nd, 2005
RHR announced that RHR director Rabbi Arik Ascherman and Omer Uri were disappointed by Judge Feldman's decision to convict them without exercising her right to comment on the discrimination inherent in the policy of demolishing homes in East Jerusalem for lack of building permits.
 Read
the Press Release [PDF ENGLISH 11 KB]Perhaps You Have Attained Your Position for Just This MomentPlanned Remarks to the Court: March 22nd, 2005
On March 22, 2005, The Court found Rabbi Ascherman guilty of 2 counts of criminal behavior in intentionally interfering with a police officer in the fulfillment of his duties. Before sentencing, Rabbi Ascherman prepared the following remarks, which he planned to present before being sentenced. In his remarks he claims that he is not a martyr and certainly does not believe that we deserve heavy sentences for actions devoid of both physical and verbal violence designed to honor God´s image in others and in ourselves.
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the Remarks [PDF ENGLISH 14 KB]Verdict of March 22, 2005
On March 22, 2005, The Court concluded that the trial proved that the Defendants actions interfered with a police officer in the fulfillment of his duties, and that the actions were done with the intention to interfere with a police officer in the fulfillment of his duties. The Court rejected all of the arguments that the Defense presented before the court, and found Rabbi Ascherman guilty of 2 counts of criminal behavior, and Mr. Omer guilty of 1 count, according to Chapter 275 of the Israel Penal Code (1977), which includes a sentence of three years in jail or a fine.
After the conviction, the Prosecution, admitting that the Defendants guilt was based on ideological motivations, offered to cancel the conviction, in return for the Defendants performing community service. On March 23, 2005, the Defendants Lawyer, Adv. Leah Tzemel, notified the magistrate that the Defense accepted the Prosecutions offer, without admission of any guilt, and without relinquishing its right to appeal. Read
the Verdict [PDF HEBREW 112 KB]Concluding Arguments of the Defense: March 1, 2005
On March 1, 2005, The Defense presented their concluding arguments to the Court. In their conclusion, the Defense claimed that the actions that the defendants are accused of, are not outside of the realm of legitimate protest actions that are commonly done by members the entire political spectrum in Israel. The Defense requested the Courts to acquit the defendants, claiming that there is no precedent in the annals of Israel law where individuals were convicted of nonviolent passive resistance while exercising their basic human rights of freedom of expression and the right to protest injustice.
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the Conclusion [PDF HEBREW 163 KB]Protocol of January 9, 2005 Court Session
During the fourth hearing, on January 9, 2005, the Court accepted the prosecutions objection of the attempt of the Defense to describe the plight of the families whose homes were demolished. The court accepted that the comprehensive report by B´TSELEM - The Israeli Center for Human Rights in the Occupied Territories, detailing the systematic and deliberate discrimination against the Palestinian population of East Jerusalem in all matters relating to land, development and housing construction, were only admissible as a document that reflected the ideological beliefs of the defendants, as not as factual content. The Court accepted the Prosecutions objection of the request of the Defense to bring additional expert witnesses, on the claim that the Court already had enough testimony to reach a decision. The Court accepted the Defendants claim that there were negations between the defendants and the police before the homes were demolished.
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the Court Protocol [PDF HEBREW 163 KB]Press Release following the third hearing on September 21, 2004: Will Justice and Law Walk Together?
During the third hearing, on September 21, 2004, the prosecution attempted to characterize Rabbi Ascherman´s testimony as political, and maintained that lying down and refusing to move is active, rather than passive resistance. Rabbi Ascherman offered to submit to the court literature proving that this kind of activity is thought of as passive non-violence according to the theory of civil disobedience.
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the Press Release [PDF ENGLISH 20 KB] Read
the Press Release [PDF HEBREW 36 KB]Protocol and Decisions of the Court. September 21, 2004
In the third hearing of the trial, on September 21, 2004 the Prosecution presented their evidence and Rabbi Ascherman took the stand in his own defense and in the defense of Omer Uri.. In this protocol you can read the cross examination of Rabbi Ascherman by the Prosecution and the Defense. Judge Feldman decided to continue the trial on January 9, 2005
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the Protocol [PDF HEBREW 173 KB] Read
the Decision [PDF HEBREW 61 KB]Testimony of Rabbi Arik Ascherman. September 21, 2004
In the third hearing of the trial, Rabbi Ascherman took the stand in his own defense and appealed directly to Judge Rivka Feldman. In his testimony, Rabbi Ascherman stated that during ten days of teshuva (repentance) between Rosh HaShana and Yom Kippur during which Jews are particularly aware that their fate is "B'Yad HaYotzer" (In The hand of the Creator"), in the "Yeshiva Shel Mala" (Heavenly Court ), that it is in her hands to ensure justice in her Yeshiva Shel Mata (Earthly Court). Rabbi Ascherman conclude his testimony with the hope that the message emanating from the court will be one unifying law and justice.
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the Testimony [PDF ENGLISH 28 KB] Read
the Testimony [PDF HEBREW 74 KB]Partners in the Ongoing Process of Creation
Rabbi Arik Ascherman, Executive Director of the Rabbis for Human Rights, discusses the reasons why he believes in direct action non violent protest against home demolitions. He shares his hope that Rabbis for Human Rights grass roots efforts can contribute to a better future, while sharing his views on in his sincere belief that God put us on this earth for " Tikkun Olam" to be partners with God in the ongoing process of creation. Rabbi Ascherman concludes by stating that the actions of members of Rabbis for Human Rights in attempting to prevent continued demolitions of homes, should serve as role models for what Judaism can and ought to be.
 Listen to the Discussion [REAL MEDIA AUDIO 3.08 MINS]Jerusalem Home Demolitions Fact Sheet
All of the facts and figures as
published in "From Separate and Unequal:the Inside Story of
Israeli Rule in East Jerusalem" Amir Cheshin who was the advisor
on Arab affairs to Jerusalem mayors Teddy Kollek and Ehud
Olmert.
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the Fact Sheet [PDF 19 KB]Expert testimony of planning expert Nati Maron on behalf of Bimkom: Planners for Planning Rights and the Association of Civil Rights in Israel (ACRI) Nati Maron who did his graduate work in Urban Development Planning at the University College London, presents testimony on the policy of urban planning and home destruction in Jerusalem.
Read the Press Release [PDF HEBREW 254 KB]Press Release following the second hearing: March 24, 2004
Rabbis for Human Rights issue a
Press Release after the second hearing of the trail, which
describes our reaction to the courts decision to refuse to take a
stand on home demolitions.
Read
the Press Release [PDF 10 KB]Protocol and Decisions of the Court. March 24, 2004
In the second hearing of the trial, on March 24, 2004, the Defense claimed that all of the defendants do not agree with some of the facts stated in the charge sheet, and that it was the duty of the prosecution to prove the charges. The defense stressed the importance of the need for the defendants to defend themselves against the charges of interfering with the a police officer in the line of duty.
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the Protocol [PDF HEBREW 67 KB]Amicus Curiae Brief of the Centre on Housing Rights and Evictions (COHRE) and the National Lawyers Guild (NLG)
This brief argues the case
against the demolition of homes lacking building permits from the
perspective of Article 11 of the International Covenant on
Economic Social and Cultural Rights (right to an adequate
standard of living) and the opinion of the UN Committee on
Economic, Social and Cultural Rights
Read
the Brief [PDF 37 KB]Summary of the Amicus Curiae Brief of the Centre on Housing Rights and Evictions (COHRE) and the National Lawyers Guild (NLG)
Rotary Peace Scholar Sarah
Williams synopsis of the brief that focuses upon the consequent
violation of human rights prohibitions against racial
discrimination and upon breaches of international humanitarian
law.
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the Press Release [PDF 5 KB]Affidavit Concerning the Status Of Forced Evictions Under International Law submitted by the Centre On Housing Rights and Evictions (COHRE) and the International Commission Of Jurists (ICJ)
This affidavit argues that forced
eviction of Palestinian residents from East Jerusalem is without
due process, is accompanied by violence and/or threats of
violence and is contrary to the fundamental principles of
international law.
Read
the Affidavit [PDF 78 KB]Summary of Centre on Housing Rights and Evictions (COHRE) and the International Commission of Jurists (ICJ) Affidavit
Rotary Peace Scholar Sarah
Williams synopsis of the affidavit that posits that a
state’s power to police itself is not absolute but is
circumscribed by international law.
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the Summary [PDF 7 KB]Amicus Describing the Israeli Courts Reluctance to Halt Demolitions by the Jerusalem Center for Human Rights
Rabbis for Human Rights issues a
Press Release after the second hearing of the trail, which
describes our reaction to the courts decision to refuse to take a
stand on home demolitions. (introduction only)
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the Amicus [PDF 10 KB]Affidavit of Achmed Musa Dari
The stirring testimony of an
unemployed father of 5 children whose house was destroyed despite
repeated attempts to obtain building licenses, and an explicit
promise from Jerusalem's Mayor that residents in Issawiya can
legally build their homes.
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the Affidavit [PDF HEBREW 61 KB]Affidavit of Sufian Masswadeh
The moving testimony of a man who
invested his entire life savings in order to provide shelter for
his 5 children, describes how his house was destroyed and how the
Jerusalem municipality continues to charge him taxes for a home e
no longer can reside in.
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the Affidavit [PDF HEBREW 63 KB]Affidavit of Anonymous
Anonymous' house was destroyed
not once, but twice by the Jerusalem municipality. In his chilling
testimony, Anonymous describes his choice to remain anonymous as
he was offered a job as an informer by the Israeli Secret Services
in exchange for keeping his house standing.
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the Affidavit [PDF HEBREW 34 KB]Expert Testimony of Planning Expert Ayala Ronnel
Ayala Ronnel, who has spent the
last 20 years working as an urban planner in Jerusalem describes
the legal difficulties in obtaining building permits to meet the
housing needs of residents in the north eastern and southeastern
sections of the holy city.
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the Expert Testimony [PDF HEBREW 44 KB]Testimony of Issawiya Local Council Head Darwish Musa Darwish
In this testimony, Mr. Darwish
explains the trials and tribulations that the residents of his
locality must endure in order to provide shelter for their loved
ones.
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the Testimony [PDF HEBREW 61 KB]Rabbi Puts Israeli Policy of Home Demolitions on Trial
This article by Lynn Pollack
published on January 28, 2004 in ReBuilding Homes describes the background of the
trial and the results of the January 14, 2004 hearing.
Read the Article [PDF 8 KB]Civil Disobedience Trial Opens: Article describing the first hearing held on January 14, 2004
An article published in numerous
newspapers and web sites giving an eyewitness account of what went
on in the courtroom during the first hearing.
Read
the Article [PDF 6 KB]Zion WILL be redeemed through justice and those who return to her through acts of righteousness: Statement to the press by Rabbi Arik Ascherman
This statement presented by Rabbi
Arik Ascherman after the first hearing of his trial. (January
14, 2004) explains his civic, Zionist and Jewish duty to stand up
to injustice.
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the Statement [PDF 35 KB]Statement by Omer Ori
This statement given by
co defendant Omer Ori after the January 14, 2004 hearing gives
hope that the trial we will change the absurd situation in which
the racist policy of planning, building and demolition of homes is
considered "legal" and the opposition to the policy is considered
"criminal".
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the Statement [PDF 5 KB]Statement by Rabbi Simkha Weintraub
Representing the Steering
Committee of RHR-North America at the first hearing, Rabbi
Weintraub elucidated on how the home that we are concerned about
is the joint home of Israelis and Palestinians, Jews and
Arabs, which is being threatened by the unethical and unjust
policy of home demolitions.
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the Statement [PDF 8 KB]Statement by Shai Eliezer Tzvi
This statement given by
co defendant Shai Eliezer Tzvi after the January 14, 2004 hearing calls on
the State of Israel and the Mayor of Jerusalem, to stop the
hostile policies and to act straightforwardly with human and
civic justice.
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the Statement [PDF 5 KB]Protocol and Decisions of the Court. January 14, 2004
In the first hearing of the trial, on January 14, 2004, the Defense requested that the Court dismiss the charge sheet, claiming that the defendants were engaged in non violent action against the policy of home demolitions. The Prosecution rejected the request of the Defense claiming that the Trail was not about government policy, but rather with interfering with the actions of a police officer in carrying out his duties.
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the Protocol [PDF HEBREW 99 KB]Jerusalem Rabbi to Face Trial for Protesting Demolition of Palestinian Homes
This Pre First Hearing Press
Release from January 12, 2004 urges the Israeli government to
drop the case against Rabbi Ascherman and to rescind the home
demolition policy.
Read
the Press Release [PDF 10 KB]Mishpat echad, din echad. One law, one standard: Sermon by Rabbi Jack Moline
In this moving sermon, Rabbi
Moline argues that in a democracy, civil rights are not granted by
the whim of the state; otherwise,they are not rights. He posits
that for a Jew, the commandment to pursue justice is not
optional; otherwise, it is not a commandment.
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the Sermon [PDF 17 KB]The laws of our state must not contribute to the desecration of God’s name
In this moving letter from
octogenarian Rabbi Yaacov Cohen to Judge Feldman, Rabbi Cohen
asks the Judge that she credits us and our respected
representative, Rabbi Arik Ascherman, with acting out of love for
our people Israel and out of our certainty that the laws of our
state must not contribute to Hillul Hashem.
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the Letter [PDF 8 KB]Rabbinical Opinion
This document written by
members of Rabbis for Human Rights quotes various Biblical and Talmudic sources on housing and minority rights, as well as the
advice of Judaic Scholars on how to respond to injustice.
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the Rabbinical Opinion [PDF HEBREW 118 KB]Sermon by Rabbi Danny Rich, Chief Executive of Liberal Judaism, UK
In this moving sermon, Rabbi Rich
explains why we must follow Rabbis for Human Rights example by
transforming the liturgical into a passion for justice.
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the Sermon [PDF 18 KB]There is a Kippah in the Rubble
Rabbi Arik Ascherman wrote a
vivid play by play description of the home demolition, his noble
act of civil disobedience and his arrest.
»» Read the Article The Sufian Massadeh Family Saga
The Arrest of an Activist The Photo Documentary of Rabbis
for Human Rights Activist Rabbi Arik Ascherman being arrested for non violent civil
disobedience in attempting to prevent the demolition of a
home.
»» View the Photo Gallery Letter by Jurist Daniel Seidemann to Israel's Foreign Minister and the Mayor of Jerusalem
This well researched and fact
filled letter concludes that the cardinal Israeli national
interest in East Jerusalem requires prompt governmental
intervention. . Read
the Letter [PDF 35 KB]A Policy of Discrimination: Land Expropriation, Planning and Building in East Jerusalem
This comprehensive report by B'TSELEM - The Israeli Center for Human Rights in the Occupied Territories, details the systematic and deliberate discrimination against the Palestinian population of East Jerusalem in all matters relating to land, development and housing construction.
»» Read the Summary (includes links to the full Report) |
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