We observe in the military courts where Palestinian citizens living in the West Bank, who are subject to military laws and many other decrees issued by Israeli army commanders, are tried. We follow the progress of the hearings, starting with the detention of the suspects on remand, up until and including the verdict and the sentence. These proceedings are the “daily bread of affliction” of the Palestinians living in the occupied territories but are invisible and unknown to the Israeli public.

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By:

Ofer, Sun, 27.12.09, Morning

Report date:

27/12/2009

Shift:

Morning

Observers:

Norah Orlow (reporting)

Content:

Translation: Marganit W.

Today, too, Palestinian families were barred from passing through Beituniya Checkpoint [See Ofer report from 24.12.09]. The authorities (Military Police??) decreed that from now on families visiting their loved ones in jail or at the Ofer military court will not be allowed to use this checkpoint.

There were no visitors in the compound today.

Attorneys who use Bitunya crossing were also absent from court today.

The attorneys who were present had intended to lodge a complaint with the High Court of Justice and refused to attend the sessions without the families' presence. As a result of their boycott, there were no hearings today.

The only hearings which took place were appeals.

Atty. Avigdor Feldman representing one of the appellants explained to me that he had decided to represent his client after all, in order to spare him another year in jail. However, he pointed out to Justice Benishu that the situation at Beituniya Checkpoint was unconscionable. The judge relied that the problem was being taken care of.

The situation requires an urgent solution: there is no alternative crossing point for the Palestinian families. We have commented before about this blatant lack of cooperation between the army and the military courts. One wonders if this is incompetence or tendentiousness.

Appeals
Ofer

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Kishon

The Military Court at Kishon Detention Centre, Jalame, is
located inside the compound of Kishon Police Remand Centre, close to
Ha-Amakim junction near kibutz Yagur. It has one well equipped and air
conditioned courtroom. The centre holds detainees from the Occupied
Territories, and the Shabak interrogates them here. The court only
hears remand extensions of detainees being interrogated, prior to
submission of indictments. Some of the detainees are not represented by
attorneys; the majority is represented by counsel from Palestinian
foundations ; a few are represented by private counsel, including from
Israel. Some of the detainees brought here are prohibited from meeting
with their lawyers from the moment of their arrest, and defense counsel
are not present in their courtroom hearings.

The court functions in accordance with the law in force in the Territories.

Because the court is located within Israel, it is very difficult for
family members and lawyers from the West Bank to attend hearings –
which only take place on Tuesdays

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Petah Tikva

The Military Court in Petach Tikva is
on the second floor of the police building in the heart of the city.
Facing, it is a Shabak interrogation centre and a detention centre. The
military court only hears remand extensions for detainees undergoing
interrogation prior to submission of indictments. The military court functions in accordance with the law in force in the Territories.Because
the court is located within Israel, family members and lawyers from the
Territories are generally not permitted, or unable to reach hearings –
which take place on Wednesdays

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Ofer

The Judea Military Court functions within Ofer Military
Camp, which is located on the Jerusalem-Ramallah road. There are seven
mostly spacious courtrooms. This is one of the two first instance
courts (in addition to the Samaria Court in Salem). All the
hearings of criminal cases and a part of the remand extensions take
place here. In addition, a military court of appeals in Ofer hears
appeals against verdicts of the "first instance" in Salem and Ofer.

Families of the detainees, in most cases up to two family members, are
permitted to enter the courtroom, but not to make contact with the
detainees. The families have at their disposal a courtyard and a large
air conditioned waiting room.

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Jerusalem

The military courtroom in Jerusalem
is located in the Israel Police building in the Russian Compound, in
the centre of the city. It holds hearings on remand extensions for
detainees undergoing Shabak interrogation. The courtroom is clean and
air conditioned. The handling of detainees falls into a number of
categories: one classification (Nachshon) brings detainees from the
prisons where they are being held, Prison Service warders guard them
while here, and Jerusalem policemen serve as prosecutors. Some of the
detainees brought here are prohibited from meeting with their lawyers
from the moment of their arrest, and defense counsel is not present in
their courtroom hearings. The military court functions in accordance
with the law in force in the Territories.Only
a few family members succeed in getting passes to come from the West
Bank for hearings in Jerusalem. The hearings take place on Mondays and
Thursdays

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Ashqelon

The Military Court in Shikma Prison
is located in Ashqelon Industrial Area. The courtroom is on the second
floor of one of the buildings within the prison compound. The Shabak
holds here detainees from the Territories for interrogation. The court
only discusses remand extensions for detainees under interrogation
prior to submission of indictments. Some of the detainees are not
represented by attorneys; the majorities are represented by counsel
from Palestinian foundations; a few are represented by private counsel,
including from Israel. Some of the detainees brought here are
prohibited from meeting with their lawyers from the moment of their
arrest, and defense counsel is not present in their courtroom hearings.The court functions in accordance with the law in force in the Territories. Because
the court is located within Israel, it is very difficult for family
members and lawyers from the West Bank to attend hearings – which take
place on Mondays and Thursdays.

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Salem

SalemThe Samaria Military Court is, together with the Judea Military Court at Ofer Camp,
a court of first instance. It is located within the compound of DCO
Salem, close to the Palestinian Israeli village of Salem and next to
the separation fence, which at this point passes very near the Green
Line. The court has three well equipped and air conditioned chambers,
but the acoustic conditions are unacceptable, and the noise and turmoil
make it difficult to follow the proceedings.

All the hearings of criminal cases and some of the remand extension
hearings take place here, with the exception of appeals which are heard
in Ofer.

Families of the detainees, in most cases up to two family members, are
permitted to enter the courtroom, but not to make contact with the
detainees.

Languages

Ofer, Sun, 27.12.09, Morning