Posted on 08/14/2002 5:40:30 AM PDT by Dog Gone
TEL AVIV, Israel (AP) -- Shouting the ``uprising will be victorious'' as he was led into court Wednesday, highly popular Palestinian leader Marwan Barghouti was indicted on charges he orchestrated more than three dozen terror attacks that killed scores of Israelis.
The bearded Barghouti, who ranks second only to Palestinian leader after Yasser Arafat in recent polls, repeatedly proclaimed his innocence, saying, ``I am a peaceful man,'' and adding that he continued to support a peace deal with Israel.
Barghouti, wearing a dark brown prison uniform, raised his cuffed hands triumphantly as he was led into the crowded courtroom in the first major court case against a Palestinian leader in the nearly two years of Mideast violence.
Gesturing excitedly, he told reporters in Hebrew, Arabic and English that Israelis could only have security after withdrawing from Palestinian lands.
Barghouti was indicted in Tel Aviv District Court on Wednesday with murder, attempted murder and involvement in terrorist organizations. Israel alleges he was linked to 37 separate attacks over the past two years and claims Barghouti acknowledged orchestrating attacks during questioning.
In the trial, Israel will try to show that senior Palestinian Authority officials were involved in planning and funding attacks against Israelis. The indictment said Barghouti, 43, headed terror groups in the West Bank and reported directly to Palestinian leader Yasser Arafat.
Barghouti's lawyers say he wants to draw attention to Israel's actions as an occupying power.
``We will try to convince the world that the one that has to be brought to trial is the occupation,'' said defense attorney Jawad Boulos.
Judge Tzvi Gurfinkel said he would not permit the defense to ``turn this court into a political stage.'' After the seven-count indictment was filed, Gurfinkel set the next hearing for Sept. 5.
As he was led into the courtroom Wednesday morning, Barghouti shouted in Hebrew that ``the uprising will be victorious.'' Asked how he felt, the scruffy-looking defendant said ``Baruch Hashem,'' or ``Thanks to God,'' a Hebrew expression commonly used by observant Jews.
Before the session began in the Tel Aviv District Court, Barghouti was twice brought into the courtroom, only to be dragged away by guards after he launched into speeches proclaiming his innocence and blaming Israel for the violence. He was ushered into the court for a third time just before the proceedings started.
Barghouti is the leader of Arafat's Fatah movement in the West Bank. In the days of peacemaking in the 1990s, Barghouti developed friendships with some Israeli officials and helped persuade Fatah activists to recognize Israel.
However, after Israeli-Palestinian fighting erupted in September 2000, Barghouti adopted a more militant line, saying Palestinians had the right to drive Israelis out of the West Bank and Gaza Strip by force.
Barghouti, a member of the Palestinian parliament, delivered fiery speeches during street protests. He was arrested April 15 during an Israeli military sweep in the West Bank.
He maintains he is only a politician, but Israel says he was the key figure in organizing attacks by members of a Fatah-affiliated militia, the Al Aqsa Martyrs' Brigade.
The Justice Ministry said Barghouti was the ``central partner in the decisions made by organizations that in the last two years carried out a series of attacks that claimed the lives of scores of Israeli citizens and wounded hundreds.''
Prosecutor Devorah Chen said her case would be based on testimony of Al Aqsa regional commanders and field activists, including Nasser Awais and Nasser Abu Hmeid, two senior militiamen captured by Israel in recent months.
As the Fatah leader, Barghouti was in regular contact with many young activists. Many Fatah members are also active in the Al Aqsa militia that has claimed responsibility for many bombings and shootings.
Israeli security officials have said Barghouti was gradually drawn into direct involvement in attacks, first defending them, then funneling money to militants, and finally orchestrating them.
Barghouti and his lawyers have denied Israeli claims he acknowledged orchestrating attacks, saying he was interrogated incessantly after his arrest.
Boulos, the defense attorney, said he would not call witnesses. Barghouti does not recognize the jurisdiction of the Israeli court, Boulos said.
``Marwan has prepared a list of charges against Israel and the Israeli occupation,'' Boulos said.
After the Palestinian Authority was established in 1994, Israel stopped arresting and putting senior Palestinian figures on trial. The Palestinian Authority was largely permitted to handle law and order issues in areas under its control, an arrangement that held until the Palestinian uprising broke out.
In nearly 23 months of fighting, Israel has arrested several thousand Palestinians suspected of involvement in violence. Israel's army has also killed dozens of suspected militants.
Meanwhile, Israel's Supreme Court blocked an Israeli attempt to try out a new policy aimed at deterring suicide bombers. The court stopped the expulsion of three relatives of Palestinian militants from the West Bank to the Gaza Strip for 15 days, ordering a formal hearing.
The Israeli military demolished another home of an alleged Palestinian attacker Wednesday, this time in Dahariya, in the southern West Bank.
Israeli officials say the threat of expelling relatives, along with destruction of family homes of suicide bombers, could deter the attackers. More than 250 bystanders have been killed in more than 70 suicide Palestinian bombing attacks during 22 months of violence.
Cabinet Minister Dan Naveh said there are already signs that the new policy is preventing attacks.
``I am very sorry that the Supreme Court decided to grant an injunction for two weeks,'' he told Israel TV. ``We are in a war, every day it's a war.''
I'm not a lawyer, and don't play one on TV.
I suspect there is a vast volume of very damning evidence that was obtained during the search of the Arafat compound that occurred a while back.
My question is will the case be thrown out because the wittness' testimony obtained as a result of leads developed from the paper evidence is the fruit of the poisoned tree. The documents were obtained by force of arms and no search warrant and are therefore inadmissable. Any evidence or testimony derived from these inadmissable documents is tainted and therefore also inadmissable.
Second question....Was the point IDF soldier who broke down the compound door leading the attack party a lawer and did he have the warrant?
I would hope the American Bar Ass(ociation) is on top of this case.
We don't have our troops and materials in place yet, to do all that we will face when we go against Saddam. Turning the Israelis loose, full-tilt, aganst the Palestinians might start that larger war before we are ready to prosecute it to a quick and effective victory.
Either the Bush war planners are dumb as a box of rocks, or we are waitng for the right time as we did in Afghanistan. I hope, and believe, it is the latter. We won't know for sure until Bush finally does, "Cry havoc, and let slip the dogs of war."
Congressman Billybob
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