http://www.yesh-din.org/site/images/BackyardProceedingsEng.pdf
Following a lengthy study of the implementation of Due Process rights in the IDF Military Courts in the West Bank, Yesh Din published its 158-page report entitled “Backyard Proceedings".
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 policies.
Yesh Din - Volunteers for Human Rights was founded in March 2005, and since then its volunteers have been working for structural and long-term improvement of the human rights situation in the OPT. The organization collects and disseminates credible and current information on systematic human rights abuses in the OPT; applies public and legal pressure on the state authorities to stop them; and raises public awareness of human rights abuses in the OPT. In order to realize its goals effectively, Yesh Din operates according to a unique model among human rights organizations in Israel: The organization is run and staffed by volunteers and is assisted on a daily basis by a professional staff of lawyers, human rights experts and strategic and communications consultants.
www.yesh-din.org/eng/ | info@yesh-din.org | 11 Rothschild Blvd., 6681 Tel Aviv, Israel | Tel./Fax: +972-3-5168563
Arab Association for Human Rights
December 6, 2006
Arab Association of Human Rights and the Centre against Racism hosted a joint press conference to launch their report dealing with the discriminatory policy of racial profiling against Arab Passengers by Israeli Airports and Airlines
On December 4, 2006, the Arab Association of Human Rights and Centre for Racism held a press conference for the release of their joint report titled 'Suspected Citizens: Racial Profiling against Arab Passengers by Israeli Airports and Airlines'. The press conference was held in Mary Wells Hotel, which was attended by members of the press from both the Arabic and Jewish newspapers and TV that included Al Jazeera, Channel 1 and 10. The press conference was held at 11 am to inform the Israeli public about the publication of their report, which deals with the human rights violations that is occurring to majority of Arab citizens in airports and by airlines. At the press conference, time was allocated for the press and the public to ask question to the researcher, authors and to those that had given testimony. The report shows that Palestinians Arabs are classified by the nature of the discriminatory policy by racial profiling that defines them as a security threat by the fact of being Arab.
The report details the manner in which discriminatory inspection is imposed on Arab citizens as a national group all of whose members are spuriously perceived as a “security threat” to the state, and exposes the true purpose of this inspection: To monitor Arab citizens under the guise of security needs as part of a systemic and deliberate policy on the part of the state authorities.
HRA acknowledges the fact that all states have a right to protect the security of passengers using air transport and the security of airplanes. Nevertheless, the effect of the State’s policies on the lives of the Palestinian Arabs cannot be seen other than in a negative light. Such a policy should be applied uniformly irrespective of his or her ethnic background. To target one individual or collective group and implement a policy, which has the affect of humiliating them and labeling them as a threat, is a complete disregard for the human rights of the individual and the collective group right without having an objective reason. For the state agencies, to target a segment of their population which are citizens of the state which they should protect, without justification and then claiming itself to be democratic is reprehensible in the modern age.
With the publication of this report, HRA calls on Israel and the various states to refrain from such actions in which such acts are clearly discriminatory by targeting the Palestinians Arabs. If such action is required for public security reason, such treatment should be applied individually without penalizing a group as a whole with no regard for individual responsibility. HRA calls on the Israel to review and examines the policy that it has undertaken and to modify it when it violates the human rights that are customary in nature and in the international and regional measures that they have agreed to abide by. It calls on the foreign airport and airlines to review their arrangement that these entities have with Israel, which allow human rights violations to be carried out under their name. If such action is required the report concludes, it should be based on a personal and specific suspicion, based on objective information. It should not be based on national ground and on a subjective suspicious, which the individual is targeted for what is he is, rather than anything than what s/he has done or will do. HRA calls for an end to this racist action and it hopes by this report to stimulate public debate about the existence of this discriminatory action and so that a positive change will occur which will align with the basic human rights that are inalienable and inherent all individual and groups.
Please find the report at:
http://www.arabhra.org/publications/reports/index.htm
For further information, please contact us directly:
Muhammad Zeidan Tarek Ibrahim, Adv.
Director Programme Director,
Email: mzeidan@arabhra.org Research and Reporting
Email: tarek@arabhra.org
ص . ب: 215 الناصرة 16101, تلفون : 6561923-04 , فاكس: 6564934-04
P.O.BOX 215, Nazareth 16101, Israel, Tel: 972-4-6561923, Fax: 972-4-6564934
E-mail: hra1@arabhra.org http://www.arabhra.org
Adalah Submits “The Accused” and Demands Investigation into “Mahash” for Breach of Trust and Damaging Public Confidence
"The Accused" Full Report (Hebrew)
http://www.adalah.org/features/october2000/accused-f.pdf
Summary of the Report (English)
http://www.adalah.org/features/october2000/accused-s-en.pdf
This month, Adalah published its report “The Accused,” which addresses the failures of the law enforcement authorities – first and foremost the Ministry of Justice’s Police Investigation Unit (“Mahash”) – in investigating the killings of 13 Palestinian citizens of Israel and the injury of hundreds of others during the October 2000 protest demonstrations. In response, the Attorney General (AG) argued that Adalah's submission of an independent report instead of an official appeal to him is inappropriate. As is well-known, however, the body nominated by the AG to re-examine Mahash's report of September 2005 is under the authority of the State Attorney, Eran Shendar, who was the Director of Mahash in October 2000 and after. Immediately after the publication of Mahash's report, the AG and Shendar held a press conference at which they expressed their full support for Mahash. In our correspond- ence with the AG on behalf of the families of the October 2000 victims, Adalah argued that the establishment of a re-examination body subordinate to the State Attorney not only violates the principle that 'justice must be seen to be done' but also constitutes an extreme conflict of interest. It also violates the families' right to due process and to a neutral and independent instance of appeal. Despite all Adalah's correspondence, the AG has to date taken no measure to grant the families an appropriate and fair appeal process.