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Saturday, June 20, 2015

B'Tselem: Presumed Guilty - Remand in Custody by Israeli Military Courts in the West Bank

To all intents and purposes, the Israeli military court appears to be a court like any other. There are prosecutors and defense attorneys. There are rules of procedure, laws and regulations. There are judges who hand down rulings and verdicts couched in reasoned legal language. Nonetheless, this facade of propriety masks one of the most injurious apparatuses of the occupation.

Every year, thousands of Palestinians are brought before military courts on various charges, including entering Israel without a permit, stone-throwing, membership in an “illegal association”, violence, firearms-related offenses and traffic violations. The military court has jurisdiction over residents of the entire West Bank, including areas over which partial control was transferred to the Palestinian Authority, and even if the offense was committed outside the West Bank. In theory, these courts have the authority to try settlers. In practice, settlers are tried only in civilian courts inside Israel.

Remand proceedings expose the injustice that takes place in Israeli military courts. In this context, remand is the detention for the duration of all legal proceedings in the case of a person whose questioning and investigation has been completed and who has been formally charged. Individuals on remand are not serving a prison sentence. They have not been sentenced, not been found guilty. They are being held in custody when they should be presumed innocent.

Press Release 
http://www.btselem.org/press_releases/20150622_presumed_guilty

Full Report 
http://www.btselem.org/download/201506_presumed_guilty_eng.pdf

Yesh Din: Standing Idly By - IOF Soldiers' Inaction in the Face of Israeli Offenses Against Palestinians in the West Bank 
http://www.yesh-din.org/userfiles/Yesh%20Din_Omdim%20Mineged_Eng_Web.pdf

PHR-Israel: Denied - Harassment of Palestinian Patients Applying for Exit Permits
http://www.phr.org.il/uploaded/%D7%90%D7%A0%D7%92%D7%9C%D7%99%D7%AA%2011.6.15.pdf

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