Military Court Ofer, 23.07.07, AM
Tova S., Nurit S., Roni H. (reporting)

Prosecution asked that the hearing of a witness be conducted behind closed doors, because MachsomWatch women would report everything said in the hearings.

In today's observation at Ofer we finally received long-awaited recognition that our words are being heard and read and this brings unease for the prosecution. In the course of the morning session, our presence and, of course, the disclosure of the court hearings was the main subject of the session. The judges decided in favor of disclosure and acceptance of our presence.

Case No. 3052/06
Defendant: Fuad Shubaki, Finance minister under Arafat, accused of arms dealing.
Defense Attorney: Avigdor Feldman
Prosecution: Hila Yoong The prosecutor asks to conduct the interrogation of its witness, a Shabak investigator, behind closed door, for fear of his not being able to express himself freely. Feldman sees no reason for this. There is no danger that the witness will have to expose his identity and in previous sessions the prosecution has agreed that the witnesses would not have to be interrogated behind a screen. The prosecutor suggests keeping only family members of the defendant in the courtroom and that the protocol be classified and protected for one week. Feldman argues that today, unlike the last session, representatives of a group called MachsomWatch are present in the room. MachsomWatch reports about procedures they observe in the occupied territories and also in the military courts. He reminds the court that in a previous decision emphasis was laid on the interest to hold open hearings, so that the public could maintain its trust in the judiciary system. It is therefore important that representatives of the public be in the room and report about the proceedings as they are, without secrets. The prosecutor answers that everybody knows that this organization publishes everything related to the procedures in the military courts and that today's testimony is particularly sensitive. In order to compromise, he agrees to leave the family members in the room but nobody else. Feldman declares that the public interest, which by chance is represented today by MW, is equal in value to the private interest of the family. Unlike other Israeli courts, it is unusual for Israelis to visit the military courts.
The military courts are frequented only by family members of the defendants and by MW women and therefore it is particularly important that the hearings here are conducted in a transparent way. Feldman promises in the name of MW women that they will not publish the documents before they are cleared.
The 3 judges retreat for consultations for about one hour before coming back with the following decision: Our guiding principle is the disclosure of the court hearings and only in exceptional cases do we consent to closed doors. The prosecution has agreed to accept the presence of family members in the courtroom. We do not see a significant difference between the disclosure of the contents of the hearing before family members and other present persons.
The presence of representatives of MW, which operates for public purposes and not for personal ones, serves the interest of the disclosure of the court hearings and therefore we do not see the need to hold the hearing behind closed doors. The prosecution asks for a recess and after half an hour they return and declare that they intend to appeal this decision at the Military Court of Appeals in order to get a definitive answer to the question of "closed doors".