Last edited: July 17, 2004


Gays Under Occupation: Help Save the Life of Fuad Moussa

Counterpunch.com, November 26, 2003

By Neve Gordon

Jerusalem.

The police officer shoved the Palestinian into the patrol car. “This time,” he said, “we are going to take care of you; I will personally make sure that you are sent back to where you came from.”

For Fuad Moussa, a 27-year-old gay man who grew up in Ramallah, these words amounted to a death sentence.

Fuad is in imminent danger due to two “crimes”: in Palestine he is persecuted due to his sexual orientation, and in Israel he is persecuted because he chose to live in Jerusalem with his Jewish partner, Ezra, even though he does not have a permit to be in Israel.

The two men met eight years ago, and for the past four have been sharing an apartment in a middleclass Jerusalem neighborhood; they work together in Ezra’s plumbing business. Their life was uneventful until the outbreak of the second Intifada in September 2000, when tens of thousands of Palestinian laborers had their entry permits into Israel revoked. Overnight Fuad’s life turned into a nightmare.

The Israeli police began profiling Palestinians, and on numerous occasions they caught Fuad, detained him and even deported him to the occupied territories.

Even though Fuad cannot stay in Israel according to Israeli law, going back to live in Ramallah is no longer an option; some of his fundamentalist Muslim relatives have stated in unequivocal terms that if he were to return they would kill him. This is their way of coping with the idea that their cousin is a homosexual.

The police, who are well aware of these lethal ramifications, have, nonetheless, refused to change their course of action.

With Ezra’s help, Fuad has managed to survive. Each time he was caught and deported across the border, Ezra would drive to the territories and smuggle him back the same night in the trunk of his car, which attracts little suspicion at checkpoints due to its Israeli license plates.

All this has changed in the past month. For some reason the police have decided to hunt the fugitive down and to put an end to the cat and mouse chase.

Knowing where Ezra and Fuad live, they detained the latter six times in a period of two weeks. Finally, during the last arrest, the police brought him to court at night, and, in a swift legal procedure, a judge ruled that he either be imprisoned or be deported immediately and permanently to Ramallah.

As a result of an appeal that was submitted by Ezra the following morning, the court put Fuad under house arrest for an indeterminate period. While he is confined to their one bedroom apartment, for the time being he is not in danger.

Fuad is surely not the only Palestinian who has a death sentence hanging over his head due to his sexual orientation; there are other young people who constantly have to hide, living in the shadows for fear of being deported from Israel back to the occupied territories.

Fuad Moussa’s life, however, can be saved with some public pressure. With one quick signature, the Israeli Interior Minister Avraham Poraz, a self-proclaimed liberal, can grant Fuad a Jerusalem residency card, which would allow him to legally remain in the city. Israel’s President Moshe Katzav can also ensure that such a card be issued.

Will Fuad spend the rest of his life in the shadows for fear of death, or will the Israeli authorities allow him to live with his partner Ezra? Your letter may help determine this question.

Write immediately—mentioning Fuad Moussa id 851611707—to:

Interior Minister Avraham Poraz email: sar@moin.gov.il, pniot@moin.gov.il, pniot@moin.gov.il (send to all three) or fax +972-2-5666376

President Moshe Katzav email: president@president.gov.il, public@president.gov.il (send to both) fax +972-2-5671314

Please make sure to send copies to: fuadmoussa@hotmail.com by bccing the emails.

Neve Gordon teaches politics and human rights at Ben-Gurion University and can be reached at ngordon@bgumail.bgu.ac.il

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Update on Fuad Moussa Case and Response from Interior Ministry of Israel

Counterpunch.com, December 7, 2003

By Neve Gordon

Hundreds of letters have been sent by readers of CounterPunch to the Interior Minister and President calling on them to grant Fuad a Jerusalem residency card. From a phone conversation with the Interior Minister’s Office it appears as if the minister is in the process of reconsidering his original decision. This is precisely the time to increase the email campaign. Please read the original article and send a letter if you have not already done so. Also forward the original article to friends.

Simultaneously, Israel’s President has been sending the following response to all those who sent email. We are posting after it a response from one of Fuad and Ezra’s supporters, which, we think, is the kind of response the President should receive. Finally, Fuad and Ezra want to thank all the people that took the time to fax and email letters.

Letter from the President:

Dear Sir, We are writing to you in reply to your letter to the President of Israel, Mr. Moshe Katsav with regard to Mr. Fuad Mussa. From our enquiry of the Israeli Police, we obtained the following information:

Mr. Fuad Mussa stayed illegally in Israel, not having receiving a permit neither from the Ministry of the Interior, nor from the Commander of the Region and, therefore, the Police is entitled to demand his extradition from Israel.

On the 6th November 2003, Mr. Fuad Mussa was brought to the Magistrates Court which discharged him on condition, among other undertakings, that he would not enter Israel illegally.

He appealed to the District Court. The District Court, in its decision, of the 19th November, 2003, accepted the appeal in part and instructed that he be under full house arrest in the home of his life partner, Mr. Yitzhak Ezra. In addition the court permitted Mr. Fuad Mussa to go to work between 8:00 and 18:00.

The Israeli Police also informed us that, until the end of the judicial proceedings against Mr Fuad Mussa in the file regarding the conditions of his release and/or any other judicial decision and on condition that he fullfil the conditions of release, the Police will not arrest him for illegal residence.

Yours sincerely, Miriam Yosef Assistant to the Advisor on Welfare and Social Affairs

This is the Response of one of the supporters to the President’s Advisor

Madam:

Thank you for your prompt response. You omitted in your response a small detail, which was at the very center of my protest. Fuad Moussa is homosexual. Further he has a Jewish Israeli civil law husband. In addition, being a homosexual, Fuad’s life is threatened if he is deported. Because Fuad is not the only homosexual Palestinain refugee in Israel, I addressed the issue of what your policy is in this group of cases.

The case stands at the crossroads of the denial of civil rights to homosexuals, the discrimination of Arabs and the ban of mixed marriages in this country as well as the hunt on homosexuals in the Palestinian territories under Israeli military rule. Your response—just as the police proceedings you cite from -ignore all these dimensions essential to the understanding of this case and similar cases. This ignorance is the very reason why I wrote my letter.

I request another response of you that addresses my concern in the full as I have described it here and in my former letter. If you should not be capable of addressing my concern, I suggest you pass both my letters to your superior.

Sincerely, MJW

Neve Gordon teaches human rights in the department of Politics and Government at Ben-Gurion University, Israel, and can be reached at ngordon@bgumail.bgu.ac.il.


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