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Military Courts project
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Yesh Din's report reveals: No due process in the Military Courts
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Following a lengthy research on implementation of Due process rights in the IDF Military Courts in the West Bank, Yesh Din publishes a comprehensive report titled 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 policy.
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Full report, summary |
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About the Military Courts Project
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Right after the occupation of the territories in 1967, the Israel Defense Forces (IDF) began operating Military Courts in them. Tens of thousands of Palestinians have been prosecuted in these courts since then - about 150,000 of them since 1990 alone - and about half of the prison population in Israel consists of Palestinians sentenced to prison by those courts. Despite the vast volume of activity of the Military Courts in the Occupied Territories (OT), for the 40 years of its existence this system operated under the cover of nearly complete darkness and was exposed to very little public scrutiny.
In 2006 Yesh Din launched a special project whose purpose was to examine the proceedings in the Military Courts. The first step was to place monitors from among the organization's volunteers to document what transpires in the courtrooms, with an emphasis on the implementation of due process rights in the Military Courts. In December 2007 the report 'Backyard Proceedings: The Implementation of Due Process Rights in the Military Courts in the Occupied Territories' was published. It is a comprehensive report, the first of its kind, based on the results of more than 800 observations by Yesh Din observers in the Military Courts as well as interviews with attorneys and court personnel, additional research and figures received from the IDF at Yesh Din's demand. An analysis of the findings led to the formulation of recommendations to make significant changes in various areas in the activity of the Military Courts in the OT. Since the publication of the report Yesh Din has been conducting a public and legal campaign for the relevant authorities to adopt the recommendations.
During 2008 Yesh Din is continuing to study further issues in the proceedings of the Military Courts as part of this project.
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