The Council on American-Islamic Relations (CAIR) today urged the State Department to promptly designate American Citizen Samaher Esmail as wrongfully detained by the Israeli military under the Levinson Act and to pursue her swift repatriation, following her recent release on bail.
CAIR expressed grave concern over the impending March 31 trial of Esmail, who is a cancer patient, in an Israeli military court known for its 99 percent conviction rate of Palestinians. CAIR believes that the U.S. State Department must assert that Americans should not be subjected to trial before Israeli military courts that illegally apply their jurisdiction in the occupied West Bank.
In a statement, CAIR’s Director of Government Affairs Robert S. McCaw, asserted:
“We urge the Department of State and the U.S. Embassy to be much more involved and proactive in this case as their minimal effort was only put in after immense pressure. This case is not just about fighting for Samaher’s freedom, but rather for the rights and freedoms of Palestinian and American Muslims abroad. This case sets a dangerous precedent for all Americans detained abroad and we need to send a clear message to the world that Americans cannot be mistreated in this manner.”
In a statement, Mrs. Esmail’s son Sulieman Hamed said:
“My mom Samaher should have never been arrested and disappeared in the first place and although she is an American citizen, she is being tried in a military court – a legal system for West Bank Palestinians separate from the civilian courts enjoyed by Israelis. While I am grateful that she has been allowed to return to her home in the West Bank for the time being, I am extremely worried about her chance at a fair trial as the military court hearing in Israel has a 95% conviction rate. “
BACKGROUNDER:
On Feb. 6, 2024, Esmail, a grandmother from New Orleans, was forcibly taken, physically assaulted, and denied necessary medical attention in the notorious Damon prison, akin to Guantanamo, by Israeli military forces in the West Bank. Mrs. Esmail’s detention stemmed from several photos and messages she posted on social media.
SEE: AP: Palestinian-American woman who faces trial in Israeli military court is released on bail
On Feb. 12, CAIR held a news conference at its Washington, D.C. headquarters with the sons of Samaher Esmail calling for her immediate release.
SEE: CAIR Holds News Conference with Family of U.S. Citizen Kidnapped, Beaten by Israeli Forces
Jonathan Franks, a crisis management consultant, in a recent letter addressed to Secretary of State Antony Blinked questioned the failure to designate as:
Following her detention, CAIR called for the release of Esmail. CAIR also sent a letter to the State Department, urging expedited action in demanding her release.
“[t]he Israeli military judge practically erected a billboard sign with a message to the U.S. government that Ms. Esmail is wrongfully detained. The only question is whether her government has the courage to apply the law without fear or favor – courage that has so far been conspicuously absent”.
Initially, Esmail was ordered to be released on bond by Israeli Lt. Colonel Azriel Levy on February 12, 2024. The Lt. Colonel stated, “In my opinion, the three publications published almost on the same day after her arrival in Israel, and the absence of publications since then until her arrest about 70 days after, the absence of any indication of liking in her publications in general and the latter in particular, along with the fact that those are not publications calling for violence, nor do they encourage it; indicate that there is no danger from the very publications even these days.”
However, to prevent her release, the military prosecutor filed charges for social media incitement the following day. Following Mrs. Esmail’s February 29th military hearing, she was released on bail. During that hearing, a different judge determined that while the Israeli military court could not prosecute Esmail for her posts from the U.S., she could still be charged with incitement based on her social media activity while in the West Bank. Her next military court hearing date is set for March 31st.
Despite repeated pleas from Mrs. Esmail’s family and various civil and human rights groups for earlier U.S. intervention, it took 14 days of languishing in an Israeli military prison for Mrs. Esmail to finally receive a visit from the U.S. Embassy representative on February 20, 2024. The designation of wrongful detention under the Levinson Act should not be similarly delayed.
CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT: CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, [email protected]; CAIR Government Affairs Director Robert McCaw, 202-742-6448, [email protected]; CAIR National Communications Director Ibrahim Hooper, 202-744-7726, [email protected]; CAIR National Communications Manager Ismail Allison, 202-770-6280, [email protected]