torsdag den 8. januar 2009

Israelske militær-tribunaler på Vestbredden.

The military justice system in the Occupied Territories tries thousands of Palestinian civilians prosecuted by the Israel Defense Forces every year. The Military Courts, which have existed for four decades, operate virtually under complete darkness. The report, 'Backyard Proceedings', provides the Israeli and international public, for the first time in more than 15 years, with information about a system that serves as a cornerstone of Israeli rule in the West Bank. The report examines the degree to which this system upholds and implements the due process rights of Palestinian detainees and defendants brought before the Military Courts. The report evaluates, among other things, the realization of a defendant’s right to know the charges against him, to prepare an effective defense, and to enjoy the presumption of innocence. The report further assesses how the principle of a public trial is applied in the Military Courts, how minors are adjudicated in the system and other related subjects. Additionally, the report examines whether the Security Legislation applying to the Occupied Territories meets the requirements of international law regarding due process rights. Through hundreds of observations, the report provides findings about the proceedings in the courtrooms.

The findings of the research described in the report reveal a series of grave defects and lapses in the implementation of due process rights in the Military Courts. On the basis of those findings Yesh Din offers recommendations for reforming legislation and policy.