The defense team representing Sheikh Kamal Khatib, in the case related to his arrest during the “Awakening of Dignity” (May 2021 Uprising), issued a statement on Monday, February 7, 2022, regarding the proceedings of the court session held on that day at the Nazareth Magistrate Court.
The defense team, consisting of Mizan Human Rights Center and Adalah: The Legal Center for Arab Minority Rights in Israel, presented their case regarding the investigation file for Sheikh Kamal Khatib, the chairman of the Committee for Freedoms, which is part of the High Follow-Up Committee for Arab Citizens.
The statement reads:
“On Monday, February 7, 2022, a session was held at the Nazareth Magistrate Court to address a request submitted by the defense team for Sheikh Kamal Khatib to obtain all investigation materials and additional documents that would shed light on the political persecution and racial discrimination in this case.
These materials include several items, among them the arrest order for Sheikh Kamal Khatib, an internal review of the circumstances surrounding his arrest, and indictments filed against Jewish individuals during the May Uprising.
The prosecution argued that there was no need or justification to disclose the indictments filed against Jewish citizens since the May Uprising, claiming that there was no discrimination in applying the law between Jews and Arabs concerning incitement charges—this was contrary to all the evidence, documents, and files presented by the defense to the court.
Additionally, the prosecution acknowledged during the session the existence of an internal report dealing with the events of Sheikh Kamal Khatib’s arrest, as part of a general review being conducted by the Attorney General regarding the events of the May Uprising. However, despite the necessity of this investigation, which could reveal the unlawful nature of the arrest and its direct connection to the indictment against Sheikh Kamal Khatib, the prosecution placed this report among the classified materials in the file and refused to disclose it to the defense or the judge.
Furthermore, the prosecution argued that Sheikh Kamal Khatib’s arrest on May 14, 2021, was legal and free from any organizational or procedural errors. It is worth noting that Sheikh Kamal Khatib was arrested from his home as part of a military campaign that led to the injury of dozens of Palestinians in the town of Kafr Kanna. His detention was extended multiple times under the claim of security risk, until his release on June 20, 2021.
In response to the defense’s request to obtain the arrest order, the prosecution argued that it was not relevant to the current file, and therefore, it should not be included among the investigation materials. Moreover, the prosecution maintained that the order was confidential and unavailable for review by the defense. Despite the numerous injuries that occurred during the arrest, and the use of live ammunition against citizens, the prosecution stated in its response that the arrest was carried out legally and in accordance with police instructions, and that the arrest order itself was justified and had a legal basis that would not be disclosed.
The defense team further asserts that the prosecution must disclose all indictments filed during the May Uprising, as the defense has the right to review these indictments and present them to the court as evidence of the racial discrimination policy pursued by the prosecution against Sheikh Kamal Khatib.
This request is part of a series of messages sent by Adalah to the Attorney General, demanding that indictments be filed against Israelis who incited violence and threats against Palestinians during the May Uprising, calling for violence and murder without any legal restraints.”
This concludes the statement from the defense team representing Sheikh Kamal Khatib, the Chairman of the Committee for Freedoms in Palestinian society inside Israel.
The defense team includes attorneys Hassan Jabarin, Omar Khamaisi, Ramzi Kteilat, and Adi Mansour.
