Name: Muhammad Khalil Muhammad Elian

Date of Birth: 20/8/1955

Residence: Jabal Al-Mukaber – Jerusalem

Marital Status: Married

Date of Arrest: 23/11/2023

Prison: Ramon

Current Arrest and Circumstances:

On November 23, 2023, Attorney Muhammad Elian was summoned to meet with the Israeli intelligence at the Qalandia military checkpoint. Upon his arrival, he was informed that there was an order for his arrest. After undergoing a series of procedures immediately upon his arrest, he was transferred for interrogation in Room 4 at the Maskobiya Interrogation Center.

There, they began questioning him regarding publications and writings on his personal Facebook page. The investigation focused on three posts that the occupation claimed contained content supporting the events of October 7, portraying them as incitement to what Hamas did on that date. He was interrogated four times during his time at Maskobiya, each session lasting one to two hours. Most of the questions revolved around whether he condemned what happened on October 7 or not.

Subsequently, the occupation's prosecution decided to bring him to trial on charges of disseminating publications through his social media account with allegedly inciting content, according to the occupation's claims. Charges were filed against him, and a list of accusations was presented.

The prisoner and lawyer, Muhammad Elian, is currently held in Ramon Prison. He was transferred there after spending approximately twelve days at the Maskobiya Center. During the lawyer’s visit, he recounted the extent of the abuse suffered by detainees at the Maskobiya Center, including assaults and beatings for no apparent reason during the count. They would restrain his hands even when being transferred to the clinic, despite his requiring daily medical attention due to his severe diabetes. He takes insulin daily with his meals.

In addition to these challenges, the prisoners currently endure harsh daily living conditions within the prisons. There is a shortage of food and necessities, as all electrical appliances and personal belongings were confiscated from all prisoners after October 7. The prisoners face numerous arbitrary policies imposed by the prison guards, including severe mistreatment and abuse, depriving them of the basic elements of human life.

Legal Status: Charge of "Incitement"

"It is a bundle of rays of hope that eradicates vast areas of darkness, and there is no harm in hastening optimism."

This post claiming to be from his personal Facebook page on October 7, which the occupation alleges, is the basis for the charge of incitement against lawyer Muhammad Elian. The comments from friends of the lawyer were cited as evidence supporting the accusation of incitement to violence and terrorism, leading to his arrest and trial on charges that include the mentioned post. Additionally, two other posts for the same occasion and even his "like" on a friend's comment stating, "Indeed, Allah's promise is true... victory is coming, God willing," were considered by the occupation's prosecution as direct incitement to violence and support for terrorism, listed in the charges against him.

Lawyer Muhammad Elian is currently being tried under Article 144 (b) and (d) (2) of the Penal Code for the year 1977 (Anti-Terrorism Law). The problematic aspect of this law lies in the broad definitions within it, specifically those related to the dissemination of publications or expressions used in praise, support, or encouragement. These vague terms provide judges and prosecutors with broad discretion in interpreting them, thus allowing the majority of publications by Palestinians, considered by Palestinians as part of their right to express their opinions and identity, to be categorized as incitement under Israeli law, as is the case with lawyer Muhammad Elian.

Since October 7th, the occupation forces have intensified their campaigns of pursuit and arrests targeting Jerusalemites and Palestinians in the occupied territories of '48, under the pretext of counterterrorism against anyone writing or publishing any phrase or statement supporting resistance or Gaza. Hundreds of women and men have been arrested under this law, which not only pursues Palestinians through a policy of detention but is also part of the occupation's efforts to combat Palestinian digital and media content, labeling it as terrorism or support for terrorism. This is part of an attempt to silence Palestinians in the face of the crimes and genocide committed by the occupation against Palestinians in Gaza, an effort to cover up its larger crimes.

The prisoner and lawyer, Muhammad Elian, remains in his prison cell, awaiting a verdict amidst this harsh situation faced by all prisoners in various detention centers and prisons. There is no consideration given to his age or health conditions, and he is charged with "incitement to terrorism."

Legal and Human Rights Activism:

The prisoner and lawyer, Muhammad Elian, is a former prisoner and human rights activist who has been arrested multiple times by the occupation, with the latest arrest occurring after the martyrdom of his son, "Baha’," in the city of Jerusalem. Prior to that, he had spent 11 years on charges of resisting the occupation. After the martyrdom of his son, "Baha’," in 2015, and the confiscation of his body and the demolition of his house, lawyer Muhammad Elian became active in the Palestinian national campaign to retrieve the bodies of martyrs.

He took the initiative to form a committee consisting of the families of martyrs whose bodies were being held. He was a fierce advocate and human rights activist, actively participating in both local and international events. Even after the release of his son's body, he continued his activism, expressing his thoughts on the event through his personal page at that time, stating, "Oh people... (Baha is now in God's care and the warmth of Jerusalem's soil)."

Through his human rights activism, he participated in various international platforms. In 2017, he delivered a special speech at the United Nations Human Rights Council in Geneva. In the same year, he received the "Best International Human Rights Defender" award in an international competition coordinated between the University of Jerusalem, the Institute of Human Rights and Peace in France, and with the participation of international diplomats and French parliamentarians. The award was titled "Managing Legal Cases in Cases of Human Rights Violations."