+972 Magazine's Stories of the Week

Directly In Your Inbox

Analysis News
Visit our Hebrew site, "Local Call" , in partnership with Just Vision.

Israel fights to reinstate Palestinian poet's conviction

Palestinian poet Dareen Tatour sat in prison for a poem she published on Facebook. After an Israeli court ruled that the poem does not constitute incitement to violence, the prosecution is now appealing the partial reversal of her conviction.

Palestinian poet Dareen Tatour was released from prison on September 20, 2018. She was arrested in October 2015, and later convicted of incitement to terrorism and violence for poems she published on social media. (Oren Ziv/Activestills.org)

Palestinian poet Dareen Tatour was released from prison on September 20, 2018. She was arrested in October 2015, and later convicted of incitement to terrorism and violence for poems she published on social media. (Oren Ziv/Activestills.org)

Israel’s state prosecution is trying to appeal the partial reversal of the conviction of Dareen Tatour, the Palestinian poet found guilty of incitement to violence over a poem she published on Facebook in 2015.

The prosecution submitted a formal request two weeks ago to appeal the decision, which was handed down by the Nazareth District Court in May, to the Supreme Court. The District Court accepted in May that the poem in question, “Resist My People, Resist Them,” published on Tatour’s personal Facebook page, did not constitute incitement despite the discomfort it might cause the public, while also recognizing her as a poet.

Meanwhile, the court let stand her conviction over two other social media posts, which included support for Islamic Jihad, a proscribed group.

Following the prosecution’s submission, Tatour launched an online petition asking the general public for support in the next stage of her legal battle. The petition asks for the public’s signatures “as a sign of popular and societal resistance against oppression and silencing. Do not let it happen that once again the State of Israel accomplishes to criminalize not only myself but Palestinian voices and narratives in general.”

The prosecution submitted its request at the beginning of the month and Tatour’s attorney, Gaby Lasky, has until July 22 to respond, after which the Supreme Court will decide whether to hear the state’s appeal. The prosecution claims that although the poem may not be a “direct call” for violent actions and terrorism, it stills contains an indirect call for violence. The appeal will also challenge the District Court’s recognition of Tatour as a poet.

SUBSCRIBE TO +972 MAGAZINE'S WEEKLY NEWSLETTER

SUBMIT

According to the request, the “complete disregard of the District Court of this possibility is liable to send the wrong message to extremists, who may post incitement online… under the guise of being a ‘poet,’ ‘author,’ ‘journalist,’ ‘singer,’ and/or any other title.”

The prosecution had initially attempted to prove that Tatour is an influential poet and thus her writing could be deemed a danger, although it now claims that Tatour is not a poet at all, and thus the freedom of expression generally extended to artists should not be taken into account in her case.

“I was surprised they submitted an appeal,” said Tatour. “I think it is a question of principle for them: they don’t want a Palestinian woman to ‘defeat’ the state. They want to scare people, so they are returning to the courts.”

Tatour was arrested in October 2015, after which she spent three months in jail before being placed under house arrest for nearly two-and-a-half years. Her house arrest, which began in January 2016, included various restrictions.

At first she was held at her brother’s home who lives in Kiryat Ono, a suburb of Tel Aviv. Only after a legal struggle was she permitted to return to her parents’ home in Reineh, near Nazareth. Her family was forced to disconnect the internet at home and Tatour was forbidden from using a computer. For months, she was forced to wear an ankle monitor.

Dareen Tatour (right) and attorney Gaby Lasky seen at the Nazareth District Court after the court partially cleared Tatour of incitement to violence in a poem she published on Facebook, May 16, 2019. (Oren Ziv/Activestills.org)

Dareen Tatour (right) and attorney Gaby Lasky seen at the Nazareth District Court after the court partially cleared Tatour of incitement to violence in a poem she published on Facebook, May 16, 2019. (Oren Ziv/Activestills.org)

She was convicted in May 2018 of incitement to terrorism and violence and sentenced to five months in prison. She was released on September 20, 2018.

Although she had already served her time in prison, Tatour was determined to appeal her conviction to the District Court as a matter of principle. The state, it seems, is using the same logic in trying to retroactively prove that her poetry was a form of incitement.

“It’s hard for them to accept that there is a Palestinian woman who still has strength left after this battle,” she said. “They want to continue to oppress me. I sat in courtrooms for three years and I heard that this poem and this poet is dangerous. Suddenly she isn’t so dangerous. For them, it’s a blow.”

Lasky explains that the prosecution cannot change Tatour’s sentence at this point, both because she has already served time in prison and because the state did not appeal her sentence (in order to increase the sentence) when it was originally handed down.

“It is very difficult to understand the distinction that the District Court has made between the lack of a concrete possibility of terrorist actions in the first case (the poem) and in the second and third cases,” wrote the prosecution in their request to appeal, stating that “indirect” incitement, like in the case of Tatour’s poem, is liable to provoke violence.

“It’s a shame that the prosecution would submit an appeal in order to reduce freedom of expression and harm the basic principle of artistic creativity,” said Lasky. “At a time when the education minister is talking about ‘conversion therapy’ and the culture minister is attacking artists whose role it is to raise critical questions, the prosecution is reducing the boundaries of creative freedom instead of defending them.”

“The truth is that I did not think they would try to appeal. I thought it is good for them that there was only a partial reversal — a kind of ‘celebration of Israeli democracy,’ in which a poet is found innocent for writing a poem,” said Tatour. “At the same time, I didn’t allow myself to celebrate after three and a half years of prison and courts.”

This article was first published in Hebrew on Local Call. Read it here.

Before you go...

A lot of work goes into creating articles like the one you just read. And while we don’t do this for the money, even our model of non-profit, independent journalism has bills to pay.

+972 Magazine is owned by our bloggers and journalists, who are driven by passion and dedication to the causes we cover. But we still need to pay for editing, photography, translation, web design and servers, legal services, and more.

As an independent journalism outlet we aren’t beholden to any outside interests. In order to safeguard that independence voice, we are proud to count you, our readers, as our most important supporters. If each of our readers becomes a supporter of our work, +972 Magazine will remain a strong, independent, and sustainable force helping drive the discourse on Israel/Palestine in the right direction.

Support independent journalism in Israel/Palestine Donate to +972 Magazine today
View article: AAA
Share article
Print article
  • LEAVE A COMMENT

    * Required

    COMMENTS

    1. itshak Gordine

      Freedom of speech for hate texts glorifying anti-Jewish violence? Strange. And why this submissive woman’s outfit? Does not all this shock the classy leftists?

      Reply to Comment
      • Bruce Gould

        From 2018: ‘Hate speech against Palestinians posted every 71 seconds’ – A new report published by 7amleh documents anti-Arab and anti-Palestinian content on Hebrew-language social media and highlights the disparities in the way Israeli authorities treat violent speech online…Hate speech, derogatory statements, and calls for violence against Palestinians are posted on Israeli social media every 71 seconds, according to a report published this week by 7amleh (pronounced Hamleh), the Arab Center for the Advancement of Social Media.

        https://972mag.com/hate-speech-against-palestinians-posted-every-71-seconds/133623/

        Reply to Comment
      • Amir

        ishaq you guys are schizophrenic, you claim that israel is a democracy for all its citizens, that Arabs in israel enjoy the SAME rights as jews and that hijab ladies can walk anywhere freely but you are shocked about Dareen Tatour wearing hijab?

        So if she were a haredi or orthodox lady would you have the same speech?

        Reply to Comment
      • Rivka Koen

        You wish she was submissive. What bothers you is that she isn’t. She’s speaking out against the occupation and wearing a hijab while doing it, and this bothers you. It shatters your narrative and infuriates you.

        Reply to Comment
        • itshak Gordine

          Subjected women are no longer of our time. This shocks everyone except our leftists. In addition she advocates hatred ..

          Reply to Comment
          • Rivka Koen

            Do you ask married Orthodox Jewish women why they wear a submissive woman’s outfit? How do they usually respond?

            Reply to Comment
          • itshak Gordine

            Every woman who is covered and submissive, whatever her religion, provokes my warning. Covered women are predominantly Muslim. What is strange is that leftists accept this without any qualms.

            Reply to Comment
          • Ben

            But covered and unsubmissive? Whoah. It blows Halevy’s fuses. Short circuits his neural wiring. He can’t deal.
            Unless the covered and unsubmissive woman is Jewish, and then, oh, hey, ok, no prob, he’s Mr. Open Minded Himself. He will find a way. There’s always more land to confiscate for the nationalist land-worshiping “enterprise” and all Jewish hands are needed on deck.
            What Halevy is doing here with his demonization of Muslim women and men act is exactly what Ze’ev Sternhell describes:

            “The craft of lying and fabrication is an accepted operating method by radical nationalists for inventing a narrative that meets the needs of nationalist politics”:

            Israel’s Right Wing Is Worse Than Europe’s
            http://www.informationclearinghouse.info/51936.htm

            Reply to Comment
          • Ben

            Rivka Koen is exactly right. Dareen Tatour is anything but submissive. And that is precisely what Itshak Gordine Halevy cannot stand about her. Halevy refuses to deal with Dareen Tatour, or any other Palestinian, as a human being. As a person. He has to reduce her to a demonized faceless other to be violently suppressed in the service of his radical nationalism. And in the service of that the Israeli right wing has tactically reduced all opposition to the occupation to “hatred.”
            Ze’ev Sternhell: “The craft of lying and fabrication is an accepted operating method by radical nationalists for inventing a narrative that meets the needs of nationalist politics….Just as the Poles define anti-Semitism to suit the needs of their national narrative – to their thinking, the nationalist underground that refused to help Jews was not in the least anti-Semitic – so, too, the Israeli right has invented its own definition: Any criticism of Israel; of the occupation; of the call to annex millions of people in total disregard of their desires, their identity and their rights; and of the Bible as the basis for our claim to the territory – is anti-Semitic. The same goes, of course, for a boycott of the settlements and their products, of West Bank tourism and its “university”: Likening such a legitimate political act with anti-Semitism is just another fabrication of Jewish history for the sake of Israeli nationalist politics.”

            Reply to Comment
      • Rivka Koen

        As an American Jew I hear constant talk of “Judeo-Christian values,” and Orthodox Zionists often join in the chorus of discussing “Judeo-Christian values, Judeo-Christian values” ad nauseum. I’ve always wondered, what are Judeo-Christian values? What could these self-identified “Judeo-Christian” Jews possibly have in common with the people who have spent millennia being outright sadistic toward Jews for their own cynical benefit? Now I think I understand.

        Reply to Comment
        • Amir

          Yeah! Europe always talk about their “Judeo-Christian” root usually to oppose to Islam

          Reply to Comment
    2. Some-one.

      Itshak have you ever sat down and read the work of Uri Zvi Greenberg? I admit I love his work but it is full of violence and hatred towards non-Jews. Do you think his poetry should be banned?

      Reply to Comment