Court Cancels 3 Indictments of Al-Araqib Protesters
The Bir el-Sabe (Beersheva) Magistrates’ Court decided on 3 February 2013, to cancel three separate indictments filed against five residents of the unrecognized Arab Bedouin village of Al-Araqib in the Naqab, and Haia Noach, the Executive Director of the Negev Coexistence Forum (Dukium), following their struggle against the destruction of the village. The court issued its decision after holding preliminary hearings on the indictments, during which the protestors were represented by Adalah Attorneys Orna Kohn and Jalal Dakwar. Following the hearings, the state prosecutor was compelled to request that the court cancel the indictments.
The state prosecutor had accused Haia Noach and Al-Araqib residents Ahmed, Suleiman, Aziz and Ali Abu Medeghem, of forcibly taking control of the land and failing to obey orders to leave the village. The prosecutor also accused Mr. Adel Abu Medeghem of obstructing the work of a police officer, insulting a police officer, and assaulting a police officer, allegedly during one of the demolitions at Al-Araqib.
Attorney Kohn emphasized that even if the actions attributed to the defendants by the prosecution were true, they would still not constitute a criminal offense. Moreover, the land that the defendants allegedly seized control of is their own land, the ownership of which remains a matter of dispute between them and the state. In addition, the indictments are vaguely worded and do not include sufficiently strong evidence to secure convictions.
This is not the first time that the prosecution has been compelled to withdraw indictments against protesters from Al-Araqib. On 10 October 2012, the state prosecutor cancelled indictments filed against Sheikh Sayyah Abu Medeghem and his son Aziz, again stemming protests against the demolition of Al-Araqib. Again on 5 June 2012, the state prosecution withdrew indictments made against Ayman Odeh, the Secretary General of political party al-Jabha/Hadash, in similar circumstances. In those cases, too, Adalah was able to prove that the indictments were legally baseless, and views them as part of a campaign of political persecution intended to weaken the resolve of activists protesting against the forced displacement of the people of Al-Araqib.
See also: Court Cancels Indictments against Arab Bedouin Leader against Home Demolitions in Al-Araqib Village in Naqab (Negev), 10 October 2012
