Dear
Respected Brothers and Sisters:
Alsalam Allaikum
Alhmdulilah Always
On 8/13, I appeared in front of Chief Judge Kocoras in the Federal
court in Chicago in an issued related to the Grand Jury. Unfortunately,
Judge Kocoras ruled to jail me in civil contempt** charges (Refusal
to testify in front of Grand Jury). The imprisonment for civil contempt
is designed to coerce the person to testify and it will last for
the lifetime of the Grand Jury, but not to exceed 18 months or until
the judge is convinced that the person would not change his/her
mind.
Thank you for your Duaa
Abdelhaleem Ashqar
On Tuesday 6/25/2003, I appeared before a Grand Jury sitting in
Chicago at Northern District of Illinois, pursuant to a subpoena
served upon me and refused to answer any question and made the following
statement:
My Statement to the Grand Jury
Chicago, Illinois
6/25/2003
I respectfully refuse to answer any question put to me other than
my name, address and occupation on several grounds:
Most Important
To do so would violate my long-held and unshakeable Religious,
Political and Personal Beliefs
Second
Any answer I might provide could and would be given to Israel and
would be used by Israel against me in an unfair illegal and politically
motivated prosecution for my beliefs and associations and Religion
Third
Having been tortured before by Israel for my beliefs, associations,
and Religion, any answer I might provide could and would be given
to Israel which would once again torture me as a result of such
answers
Fourth
I have been for years the subject of widespread electronic surveillance
which is illegal and being used by the Grand Jury to prepare for
and to question me. Approximately, five years ago, I was subpoenaed
to appear before a Grand Jury in New York regarding what I believe
to be the same subject matter as this. At that time, I refused to
testify and I was held in contempt and jailed for six months
I began a hunger strike as soon as I was jailed and maintained that
strike until my release leaving me with permanent medical problems.
It is not my intention to obstruct justice or to interfere with
any matters under consideration by this Grand Jury
As I said I can not answer any question today just as I refused
to do so five years ago for the reasons I have set forth. I can
not and will not permit my answers to be used against my friends,
relatives and colleagues who have committed no crimes or wrongs
but are being singled out for their involvement in the struggle
for our political legitimate rights as recognized under international
law. I would rather die than betray my beliefs and commitment to
freedom, justice and democracy for Palestine and Palestinians who
have been homeless for more than 50 years.
I will never give evidence or cooperate in any way with Grand Jury,
or any other, no matter what the consequences to me
Then, I was granted immunity and appeared before the Grand Jury
again and I reiterated my stand and read the aforesaid statement.
Finally, I was directed in front of Chief Judge Kocoras who found
me in contempt of court, which is known as civil contempt. Instead
of jailing me on the spot, the judge per the request of Mr. Stanley
Cohen-my attorney decided to give the attorney some time to challenge
the legality of electronic surveillance as well as to jail some
one twice in civil contempt. The judge will make a ruling in the
issue in August, 13, 2003 in the Federal court in Chicago. However,
the government threatened to file criminal contempt charges and
obstruction of justice for refusal to testify. Also, the previous
conditions prevailed: to report to FBI twice daily by phone; not
to leave the state or the country and to report to INS twice weekly.
Civil contempt involves the violation or disobeying of a rule or
order, and is not a criminal charge. The legal purpose of confining
a person for civil contempt is to coerce the witness to answer questions.
Accordingly, US laws provides that one can be held in civil contempt
only when there is a substantial likelihood or realistic possibility
that the witness will testify.
Below you’ll find a summary of my ordeal with the Israeli
government and unfortunately with the US Government.
Abdelhaleem Ashqar
1. I was born in Seida-Tulkarm in the West Bank, which was under
the Jordanian rule. My town was captured by the Israelis in 1967
and since then we have been living under Israeli Military laws and
occupation.
a. I finished the elementary school at Seida’s elementary
school where we used to have three classes in one room and only
one teacher in the room. After 1967, all six classes were kept in
one room and only one teacher for all six grades. I finished the
Junior school at Illar’s Boys School where I had to walk four
miles every day. I finished the high school from Atile Secondary
School in 1977, where I had sometimes to walk 10 miles every day
since there was no regular transportation.
b. When the war erupted in 1967, the Israeli army again seized the
West Bank, Gaza Strip, the Sinai Peninsula, and East Jerusalem (which
they would later annex as part of Israel), striking terror into
the community of Palestinians living in these areas. Terror inflicted
on non-combatants in the occupied territories in the first weeks
of the occupation hastened amass flight many camp-refugees. Most
of those who fled went to neighboring Jordan, while the bulk of
the refugees, numbering nearly three quarters of a million people,
were left under army control. But to leave Palestine or to be caught
outside the country at the commencement of hostilities, in most
cases leaving Palestine forever. Israel’s policy then forbade
re-entry by native Palestinians, as today they will not permit alienated
Palestinians to re-settle in the Occupied territories, effectively
completing for them the systematic expulsion from their homeland
begun in 1948.
2. Our life became incredibly difficult - no running water, limited
electricity, no sanitation, curfews, limited schools and school
closings and shortages of the basic necessities. We are governed
by the occupier’s law, much of which has not been reduced
to writing until recently. Israelis have the right to stop us at
any time, detain us, imprison us without the right to see a lawyer,
and no due process. We are tried in military courts when the language
is in Hebrew and we speak Arabic. There are limited jobs available
and most Palestinians work in Israel as blue collar workers. The
per capita income for the Palestinians in the Israeli occupied territories
is $1,300 U.S. dollars compared to $16,000 for the Israelis just
a few miles away.
3. I have been a political activist since the day of the Israeli
occupation. I fervently believe in the liberation of Palestine.
I also am a devout Muslim and hold fervent religious convictions.
The teachings from the Koran are my mandate. These values have shaped
my opinions and are the overarching determinants of how I live my
life and conduct myself.
4. I attended BirZeit University, BirZeit, West Bank in 1978. It
is 15 miles north of Jerusalem. I participated in many student demonstrations
against the Israeli occupation. I was summoned many times to the
Israeli military offices because of my activities. My university
and the other universities in the West Bank and Gaza were closed
on a regular basis by the Israelis. Also, I was part of the leadership
of the student movement at BirZeit. I was a candidate in the Islamic
Block for the election on the student council.
5. In one particular demonstration on November 2, 1981 at BirZeit
University commemorating the Balfour Declaration of November 2,
1917 creating the state of Israel, the Israelis besieged the University
from early morning to the evening. The Administration reached an
agreement with the Israelis to let the students leave peacefully
and the Israeli military would not intervene. But, after we left
the University, the Israelis started to break into the student’s
houses and arrest some of us.
6. I was arrested. The Israeli military came to my house which I
shared with 3 roommates. They accused me of participating in the
demonstration and protesting. They handcuffed me, did not allow
me to put on my shoes, and shoved me into the military car. They
were hitting me and kicking me with their hands and the butts of
their guns on my body including my knees, head, hands and feet.
They stomped on my feet and I did not have shoes to protect them.
7. The Israeli military took me to a military truck which carried
5 other students. They took us to Ramallah Central Jail. They continued
to beat us. My feet were bleeding because they kept stomping on
them with their military boots and my head was throbbing because
they kept wacking it with the butt of their guns.
8. They brought us to the processing center of the Ramallah Central
Jail where other students were being held and accused us of participating
in the demonstration and throwing stones. They told us we had 3
choices - plead guilty, eye witness against other students or jail.
16 of us went to jail. After 4 days they took us to Court. My lawyer
was Leah Semmel who was the attorney for BirZeit University. Leah
Semmel is an Israeli who represents Palestinians because she believes
that the occupation is wrong and Palestinians are treated inhumanely.
I would not plead guilty and I would not eye witness against others.
Those are not my principles. I remained in jail.
9. I was in a cell with 5 other people. The cell was very tiny,
maybe 3 yards by 3 yards. It contained mattresses and a jar for
use as a bathroom. We were allowed out of it 2 hours a day. After
6 p.m., we could not leave the cell. There was 1 shower in the jail
where about 60 people were housed.
10. I was summoned many times by the Israeli Intelligence Department
between 1979 and 1982. I never went based on my attorney’s
advice. On many occasions, my apartment was searched and before
certain anniversaries, the Israel military would round up some activists
in anticipation of protests.
11. I graduated with a Bachelor in Business Administration in 1982.
However, like most of the Palestinian graduates, I could not get
a job in my area. I went to the University of La-Verne, Athens,
Greece from 1982 -1985. I obtained a Master in Business Administration.
I returned to the West Bank and became a Lecturer at The Islamic
University of Gaza, Gaza Strip. I became Director of the Public
Relations Department from September 1986 to November, 1989. I was
the formal spokesman for the University. I also was the Editor of
the University Magazine and presided over the university’s
editorial committee for the 1987 Annual Book and the university’s
catalog.
12. I was appointed by the Islamic University Administration to
represent the university in an ad hoc committee established by the
council for Higher Education in the Israeli Occupied Territories
to expose the Israelis procedures against Palestinian academic institutions.
The Israelis since the beginning of the uprising in December, 1987
until October, 1991 closed down all academic institutions - universities,
other institutions of higher education in the Holy Land, schools
and kindergartens. The committee tried to rally support from the
western Democracies to pressure the Israelis to reopen them.
13. I was summoned to the Shin Bet and questioned about my role
as the spokesman for the Islamic University and my writings as Editor
of the University magazine. I was detained by them and questioned
at length. I was threatened with jail and deportation consistently.
14. In January, 1986, the deputy of the Israeli Commander in Gaza
assaulted my apartment and ordered me to leave Gaza within 24 hours.
When I asked him why, he said I am giving you military order and
no explanation is necessary.
15. November, 1986 David Hakhami, Israel Deputy Commander interviewed
me. He asked questions about The Islamic University and wanted specific
information. I told him I was not in a position to answer the questions
and suggested he should ask the President. He told me that we would
be seeing each other frequently. He called sometimes every day/week.
16. High ranking Israeli officials in Gaza, Mrs. Vera Tamara interviewed
me many times between November, 1986 and November, 1989. They used
to threaten me with jail and deportation at these meetings.
17. In May, 1987, the Israelis issued a military order banning the
publication of the University magazine of which I was the Editor.
I had written articles describing Israeli actions and treatment
of Palestinians and their institutions. One action in particular
had occurred on April 19, 1987. The Israelis had broken into the
University. They broke the windows, gates, doors. I wrote an article
about it and described the Israeli occupation forces and their actions.
I was again called to the Israeli head office in the Gaza Strip
by Vera Tamara. She told me that I “had crossed the line and
we know how to discipline you.” She said that I was a newlywed
and that they could hurt me. She said that what I wrote was lies,
provocative and that I should not have written it. She also told
me not to refer to the Israeli army as Israeli occupation forces.
She threatened me with jail and deportation.
18. In July, 1987, a Delegation of Academics from the United States
visited the Islamic University. It was published in the newspapers.
I was called into the Shin Bet again at Abu Khadera. They wanted
to know all about the Delegation, who they were, what I told them
about the Israelis, what I told them about anything. I was grilled
by them for a long time. They threatened me again with jail and
deportation.
19. In December, 1987 after the Intifada, all academic institutions
were closed. They were considered a Military Zone. No one was allowed
to enter the University. The Universities offered classes in other
locations for the 3rd and 4th year students.
20. I received a Thomas Jefferson Fellowship financed by USAID and
administered by AmidEast to obtain my Doctorate at the University
of Mississippi. My admission was for Fall, 1989 but I was unable
to make it because the Israelis did not allow me to leave the Occupied
Territories. I was finally allowed to leave through the intervention
of Mr. Abraham Milameed, an attorney and the former Interior Minister
of Israel in the Begin government. He was on the Executive Committee
of Mefdel Party, the National Religious Party. He convinced the
Shin Bet to let me leave. They told him that I was a political activist
and they did not want me to become an activist in the United States
because it hurts the Israelis more when Palestinians come to the
United States and talk about Israel and the Palestinians.
21. I came to the United States in November 1989 to attend University
of Mississippi as an Exchange student. While at the University,
I was contacted by the FBI and the U.S. Attorney’s office.
Nancy Rogers, the Assistant Director of International Programs at
the University introduced me to the FBI. She asked if I would talk
to them and told me that the person was pro-Palestinian. The FBI
contacted me starting approximately December, 1991 to 1997.
22. My first interview was with Steve Taylor, Special Agent, FBI,
Oxford, Mississippi in December, 1991. He told me that he was asked
by the State department to interview me.
23. I was interviewed by the FBI and U.S. Attorney’s office
many times, approximately 15 times. Specifically, October 26, 1994,
I met with Steve Taylor and E. Avery Rollins - FBI Supervisory Special
Agent from Jackson, Mississippi. He told me that the FBI was acting
on behalf of the Israeli government and that I had been targeted
by them. He made accusations and asked questions about Palestinian
organizations such as Hamas, fundraising, my work at The Islamic
University. At the end of the meeting, he told me I had nothing
to worry about and to back to my daily life.
24. I was contacted on a regular basis beginning September, 1996.
At that time I was planning to move to New Jersey. I was, completing
my studies and working on my dissertation. My wife found a job in
New Jersey. I was contacted by John Hailman, Chief, Criminal Division,
U.S. Attorney’s Office, Northern District of Mississippi.
He advised that me they had concluded their investigation and told
me I had 4 options - deportation, they would file charges against
me, help them build a case against Musa Abu Marzook or FBI and other
U.S. government agencies would release materials against me and
eventually HAMAS would kill me. I was scared to death. I asked why
now - is it because I am going to New Jersey. He told me that they
did not want me to go to there because the FBI office in New York
and New Jersey are dominated by Jews who are pro Israelis and we
don’t want something bad to happen to me. Also, I had broken
my coccyx and I had been to the pain clinic in Memphis and had a
nerve block in my back in that day. I was not to do anything for
24 hours but they insisted on talking to me.
25. U.S. Attorney, John Hailman called me again on October 1, 1996.
He wanted to meet on October 2, 1996. I met with him, Steve Taylor,
Avery Rollins, Richard Calcagno, FBI Supervisory Special Agent,
Oxford, Mississippi, James Feier, FBI Special Agent in Charge, Jackson,
Mississippi, at the Ramada Inn, Room 222, Oxford, Mississippi. They
threatened me with deportation. They talked about money laundering,
Hamas and their leadership in the U.S... They were trying to build
a case against them. They offered me inducements such as full-time
employment, U.S. citizenship, money, becoming a Minister in Arafat’s
government. They told me to talk to my wife and bring her with me
the next day.
26. During this time my phone was wired, I was receiving strange
calls, my doctor’s appointment was canceled, my mail was tampered
with, someone was using my credit cards. Strange things were happening
to me.
27. I was subpoenaed to appear before the Grand Jury in the United
States District Court for the Southern District of New York investigating
money laundering for the Israeli Occupied Territories and I complied
with the subpoena voluntarily. However, I refused to answer any
questions based on my religious, political and personal beliefs.
I was held in Civil Contempt for refusal to testify in an effort
to force me to testify. I started a Hunger Strike the first day
of my incarceration, 2/23/98 and continued it to my release on 8/21/98
(180 days later). I was protesting the way I was treated by the
FBI and U.S. Attorney’s offices in Mississippi. My case received
a lot of publicity in leading newspapers, TV and Radio around the
world.
28. I was force-fed while I was in jail on Civil Contempt charges.
29. While I was in the United States, the Israeli Army searched
my home twice in April, 1995. They told my family that the Israelis
obtained information that I returned from the United States and
that they have a Warrant for my arrest on several charges.
30. A book entitled “ Hamas from Belief to Terrorism “
was published in Israel by an Israeli publisher ( Keter - Tel-Aviv)
in which I was named and accused of playing a major role against
the Israelis during my stay in the United States.
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