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Annual Violations Report
release classified information in her file, and settled for stating that Qadah
blessed and boasted the killings of Israelis on her Facebook account, and
upheld the administrative detention sentence.
Palestinian Commission for Prisoners’ Affairs lawyer Tareq Barghouth
was called in by the Israeli intelligence in al-Maskobiyya interrogation
center in December 1st, 2015. After being interrogated for hours, he
was arrested until his extension hearing the following day. The arrest,
according to lawyer Mohammad Mahmoud, was for suspicion of incitement
on Facebook. In the extension hearing in December 2nd, 2015, the
magistrate court conditioned his release to a 5000 NIS bail and an order
banning Barghouth of using Facebook for three days. He was exonerated
in December 12th, 2015.
Legal grounds
The Israeli legal grounds for the indictment of Jerusalem residents is Article
144-(D)(2) “Incitement to Violence and Terror” which states that “If a person
publishes a call to commit an act of violence or terror, or praise, words of
approval, encouragement, support or identification with an act of violence
or terror (in this section: inciting publication) and if – because of the inciting
publication’s contents and the circumstances under which it was made public
there is a real possibility that it will result in acts of violence or terror, then he is
liable to five years imprisonment.” Paragraph B of the “Incitement to Violence
and Terror” constitutes an “act of violence or terror” as an offense that causes
a person bodily injury or places a person in danger of death or of severe injury.
The Israeli military prosecution bases its decisions against Palestinians in the
occupied territories (aside from Jerusalem and the 1948 occupied territory)
in the case of incitement on regulation 85 of the Israeli Defense (Emergency)
Regulations of 1945.
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