February 4, 2010

BACKGROUND:

In April 2002, Israel launched Operation Defensive Shield by invading the Palestinian refugee camp of Jenin, south of Nazareth. In this operation which lasted about 8 days and followed a suicide bomb attack on the Israeli town of Netanya. Israel deployed 30,000 reserve soldiers against a camp population of 33,000 refugees. It sealed the camp and refused to allow journalists and human rights organisation from entering leading to a rapid rise in rumours that a major massacre had taken place. Various casualty figures circulated ranging from 50 to 500 Palestinian civilians and fighters were killed. On the Israeli side, 23 IDF soldiers died. By the end of this operation, more than 10% of the camp was levelled. The UN fact-finding mission was never allowed in.

THE DOCUMENTARY:

Mohammad Bakri joined a non-violent demonstration during the invasion at which a
fellow actor standing nearby was shot and wounded by the IDF. This inspired Bakri to secretly enter the camp soon after the Operation ended and to interview its residents, young and old, some of whom witnessed some of the killing. The result of his work is Jenin Jenin a documentary which tells the story of the Palestinians of Jenin who would otherwise not have been heard by the international media due to the sealing of the camp. The documentary has no narrator, no voice-over, no guide and no commentary by the film maker. Jenin Jenin is dedicated by Bakri to its producer Iyad Samoudi who
was killed by the IDF in the Jenin Governorate shortly after the filming was completed.

THE COURT CASE:

After three screenings in Israel, the Israeli Film Ratings Board banned the film. The Tel Aviv and Jerusalem Cinematheques showed the film despite the ban. Bakri took the ban to the Israeli Supreme Court and won. On appeal, the Supreme Court ruling was stayed, but in August 2004, it reaffirmed its ruling stating that the Film Rating Board has "no monopoly over the truth"

In February 2005, five IDF soldiers who took part in Operation Defensive Shield filed a suit for defamation of character against Bakri. These five soldiers were neither mentioned nor shown in the film. The Judge in the Petah Tikva District Court dismissed the soldiers' case stating that although the film did slander the IDF generally, the five soldiers were not personally slandered. The soldiers' attorney said later that he would consider appealing to the High Court of Justice.

In January 2010, Haaretz reported that Attorney General Menachem Mazuz, who is
retiring from his post in this month, stated his support for the five soldiers in their appeal.

After a meeting with the fibve soldiers and their families, Mazuz acknowledged that Bakri did not defame the general public but only a particular group. If the Supreme Court accepts that position, then it would enable each soldier to open criminal proceedings against the filmmaker. Mazuz's joining this civic process with the soldiers individually, raises the question, according to Bakri of "why such a decision has come so late?"

IN DEFENSE OF BAKRI:

Jenin Jenin was awarded Best Film at The Carthage International Film Festival
International Prize for Mediterranean Documentary Filmmaking and reporting.

Mohammad Bakri will be awarded the Free Speech Bear Award at this year's
Berlin Film Festival: The Berlinale.

The Mohammad Bakri Defense Committee insists that "the importance of this case
reaches beyond Bakri as an individual" highlighting the repression of Palestinian self expression.

Choosing to show the Jenin residents' story is not grounds for censorship.

The Committee further adds that "for his artistic integrity and his focus on the
experiences and narratives of his fellow Palestinians, Mohammad Bakri faces the
potential of financial ruin in the face of spurious legal charges and dubious claims of defamation".

Against the backdrop of an illegal occupation of 4.5 million Palestinians in The West Bank and East Jerusalem, and a further 1.5 million in the Gaza Strip, the voice of Mohammad Bakri rises against the attempt, within Israel, to silence his artistic expression. At personal risk to himself and to his family, Bakri has been fighting alone, amongst all filmmakers, to encourage debate, free choice, and independent artistic creativity. As one of the greatest actors and filmmakers in Israel-Palestine today, Bakri represents the struggle of his people to attain freedom, justice and equality.

In a rare tribute to this personal conviction, it was decided to honour Mohammad Bakri with the Free Speech Award at the Berlinale 2010 through Panorama which showcases new films by established directors. Panorama was established by the well known German Film Director Wieland Speck in 1992. It is in his revolutionary spirit that the award will be presented to Mohammad Bakri.

The jury include: Hiam Abbas (The Lemon Tree), Naomi Klein (The Shock Doctrine),
John Grieson (Fig Tree), Udi Aloni (Forgiveness).

(editor's note: Bakri's site is down, but you can send donations to his defense expenses here: Al-Jisser Group
P. O. Box 255
New York, NY 10013)