Prosecution Demands Imprisonment of Sheikh Kamal Khatib for 36-42 Months, Defense Team Decides to Appeal

SadaNews - The Israeli occupation's public prosecution requested on Wednesday that the Magistrate Court in Nazareth impose an actual prison sentence on Sheikh Kamal Khatib from the town of Kafr Kanna, ranging from 36 to 42 months, for his conviction on the charge of "incitement to terrorism and violence."

The last hearing session before the sentencing date witnessed dozens of relatives of Sheikh Khatib and his supporters, along with political and social figures. He was represented by the "Adalah" legal center, led by its director, Dr. Hassan Jabareen, who presented Sheikh Kamal Khatib's testimony before the court.

The court had convicted Khatib of "incitement to terrorism and violence," while acquitting him of the charge of "identifying with a terrorist organization." The charges relate to two posts he published on the social networking site "Facebook" and a sermon he delivered at a follow-up committee event during the May 2021 events of the "Awakening of Dignity."

Dr. Hassan Jabareen stated that "the court and the defense team were surprised by the prosecution's request for an actual prison sentence exceeding 30 months against Sheikh Kamal Khatib, based on three short posts published five years ago, noting that the request is exaggerated, vengeful, and constitutes an unusual precedent even in the toughest cases."

He added that "the defense presented previous judicial decisions before the court, including cases involving Jews who received lighter sentences despite more serious content, affirming that 'Sheikh Kamal is morally, religiously, and humanly distant from that content, and the defense rejects discrimination in handling this case.'"

Jabareen pointed out that "the conviction decision was based on the general atmosphere during the events when the posts were published, specifically the periods of the 'Awakening of Dignity' in May 2021, and not the words themselves. Any law student reading the decision will not find what the words are that violate the law. His statements fell within the freedom of expression, focusing on criticizing police and settler violence and defending Al-Aqsa Mosque."

He emphasized that "the defense team will appeal the ruling, regardless of the result, even if the court limited itself to a symbolic fine, as the conviction itself will silence Arab voices and prevent any discourse related to Al-Aqsa or the Nakba or criticism of the police."

Defense team lawyer Ramzi Aktelat stated, "The prosecution's position in Sheikh Kamal Khatib's case is a transgression against the entire Arab community, as it criminalizes political and religious discourse that has accompanied the Arab community for decades and is considered legitimate discourse. The prosecution today has recycled this approach by demanding retributive punishment."

Aktelat noted that "the prosecution's request lacks any legal basis or similar judicial precedents, as we presented today before the court files of rabbis who received lighter judgments despite their support for Jewish terrorism against Palestinians. This reflects a two-tier policy that is subjective and retributive towards Sheikh Khatib and what he represents in issues related to the Arab and Palestinian community."

Sheikh Kamal Khatib stated, "I will begin tomorrow my sixth year in judicial pursuit since my arrest in May 2021, and this case has witnessed a series of procedures that included imprisonment, home confinement, and my prohibition from giving sermons, in addition to more than 50 court sessions, all due to my position rejecting the injustice inflicted upon the Palestinian people and the violations against Al-Aqsa Mosque. I today do not regret or apologize for any word or stance I have taken."

Khatib criticized the prosecution's request for an actual prison sentence of 30 months, considering that "the goal is not to punish me personally but to punish anyone who adopts this position among the Palestinian citizens inside. He urged Arab citizens not to retreat in the face of prosecution and arrest, continuing to head to Al-Aqsa Mosque, warning against calls for storming it next Friday coinciding with the Nakba anniversary."

It is noteworthy that the charge sheet included a post on "Facebook" dated April 19, 2021, which came in the context of assaults carried out by the Israeli police against prominent figures in the city of Jaffa at that time. The post included condemnation of the systematic violence practiced by the police against activists and highlighted attacks targeting local leaders.

The second post was published on "Facebook" on April 25, 2021, and contained a historical and political analysis in which Sheikh Kamal Khatib warned that the escalating incitement and systematic violations against Palestinians, as well as repeated incursions into Al-Aqsa Mosque, could create an atmosphere reminiscent of the Buraq Revolution of 1929, which was accompanied by casualties among Arabs and Jews due to tensions fueled by extremist factions. Khatib held the Israeli institutions responsible for preparing the atmosphere to repeat this violent scenario, warning of the catastrophic consequences of such a path.

The charge sheet also included a sermon delivered by Sheikh Kamal Khatib during an event organized by the Higher Follow-Up Committee on May 11, 2021, where he praised the crowds of worshippers who flocked to Al-Aqsa Mosque for retreat and prayer, in an attempt to protect it from police and settlers incursions, and blessed their efforts and positions.

The public prosecution claimed that these posts "represent support for terrorist organizations and incitement to acts of violence" within the context of events that the country witnessed during that period, alleging that his words could contribute to "igniting security situations and inciting violence against the state and its security forces."

At that time, it insisted on actual detention until the legal proceedings were completed, to which the defense team composed of the "Adalah" legal center and the "Mizan" organization responded with an appeal to the central court. After about a month, the court canceled the detention decision on June 20, 2021, and released Khatib under restrictive conditions, including prohibiting him from giving sermons, gathering, and using the internet for 90 days, in addition to a financial guarantee and expulsion from his hometown for 45 days.

Source: Arabs 48