The Military Courts

‘Ahed and Nariman Tamimi remanded in custody as military prosecution requested

Remand in custody – even of minors – is part of the routine of oppression that Israel employs against Palestinians, with the full backing of the military courts, a system in which both judges and prosecutors are always military personnel, the defendants always Palestinian, and the conviction rate almost 100%

Today (Wednesday, 17 Jan. 2018), a military judge approved the prosecution’s request to remand ‘Ahed and Nariman Tamimi in custody. The hearing, which was held at Ofer Military Court, is a prime example – one of many thousands – of how rather than serving justice, Israel’s military court system is a major tool of oppression serving Israel’s control over Palestinians in the Occupied Territories.

Both ‘Ahed Tamimi (16) and her mother Nariman (42) have been in custody since 19 December 2017, after ‘Ahed was taken from her home in the middle of the night, and her mother was arrested when she came to find out what was happening with her daughter later that day. All the military prosecution’s requests to extend their detention have been approved by the military judges. Meanwhile, the prosecution has built up inflated case files against both mother and daughter, including a litany of charges that go back as far as April 2016 – conveniently ignoring the fact that until now, the authorities have seen no need to arrest the alleged suspects or call them in for questioning.

The high-profile arrest of the two has elicited extreme responses from top members of government in Israel, ranging from a demand to let them spend the rest of their lives in prison to an announcement that their relatives’ permits to enter Israel would be revoked. These reactions stem partly from the fact that the Tamimi family has long since become a symbol of unarmed Palestinian resistance to the occupation. To defeat this family, Israel is resorting to a variety of tools it has developed and used for more than fifty years against Palestinians in the Occupied Territories, as part of its attempts to sustain the occupation regime.

The key measures that Israel is using against ‘Ahed and Nariman Tamimi are familiar – to varying degrees – from thousands of other legal cases that Israel has taken up against Palestinian defendants: Violent arrest in the middle of the night, slapdash indictments and prolonged detention that today became remand in custody for the duration of the proceedings. The fact that these measures are being used against a minor magnifies the violation of human rights that is already par for the course in Israel’s treatment of hundreds of Palestinian minors: According to statistics provided to B’Tselem by the Israel Prison Service, as of 30 November 2017, 181 Palestinian minors were being held in custody for the duration of legal proceedings in their cases.

Remand for the duration of the proceedings means that a person continues to be held in custody after the investigation has been concluded and an indictment filed, until all legal proceedings, including judgment and sentencing are over. During this time, the detainee is not serving a prison sentence and is supposed to be presumed innocent until proven guilty. As such, remand should be the exception to the rule, but in the military courts in the West Bank, the prosecution regularly asks the military judges to approve remand, and the latter almost always comply. This practice serves as an incentive for defendants to plead guilty to the charges against them and to sign plea bargains – regardless of whether they actually committed the offense and the evidence against them. If they choose to go to trial while in custody, they may end up spending more time behind bars than they would be sentenced to in a plea bargain.

The upshot of all this is that the military prosecution is almost never required to go to trial, where it would have to prove the defendant’s guilt. Consequently, the judges’ decision to approve remand is tantamount to a conviction – as the case is decided once the person is remanded, rather than based on the evidence. Pretrial approval of remand in custody of people who have not yet been convicted, as standard practice, effectively empties the judicial process of meaning.

These proceedings reveal the disgrace of Israel’s military regime as a whole, and of its military courts in particular. In this system, the judges and prosecutors are always military personnel, the defendants are always Palestinian, and the conviction rate is almost 100%. This so-called justice system is one of the most offensive mechanisms employed under Israel’s occupation regime. Its goal is not to serve truth and justice, but to preserve Israel’s control over the Palestinian people. This is true of the Tamimi family – and of thousands of others.

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חיילים במהלך פשיטה על מחנה הפליטים אל-ערוב במחוז חברון. צילום: אן פק, אקטיבסטילס, 24.5.13

A Routine Founded on Violence

Occupation routine: Soldiers assault 16-year-old at al-'Arrub R.C., break his jaw and arrest him for 26 days

On Sunday, 29 November 2020, at around 8:00 A.M., two military jeeps entered al-'Arrub R.C. Earlier that day, two settlers who were traveling on the road near the refugee camp were slightly injured by stones. As the jeeps entered, children and youths threw stones at the soldiers. The soldiers fired tear gas canisters and stun grenades. One jeep followed the crowd and hit 16-year-old Muhammad Muqbal. He fell but then got up and kept running until the soldiers caught him. A soldier hit him in the jaw, and he fell again. Another soldier kicked him all over his body as he lay on the ground. The soldiers then handcuffed him and put him in the jeep. One of the soldiers kept beating him on the car ride. Muqbal and some other youths who were detained in al-'Arrub R.C. that day were taken to the Etzion police station, where they waited for hours and were interrogated intermittently. Muqbal’s basic rights were violated during his interrogation, which ended with him signing a document written in Hebrew, a language he does not understand. After the interrogation, the soldiers took the youths into a kitchen. One of the soldiers told them they could sleep on the floor. They were given no food or drink during this whole time. At 3:00 A.M., soldiers came and took Muqbal to Hadassah Ein Karem Hospital in Jerusalem, where he was handcuffed to the bed. Soldiers posted at the door to his room initially refused to let his father in to see him. Muqbal had jaw surgery two days later, and the next evening, 4 December 2020, he was taken to Megiddo Prison. On 6 December 2020, the military prosecution indicted Muqbal on two counts: Throwing a Molotov cocktail in March 2020 and stone-throwing on the day he was arrested. The prosecution asked to have Muqbal remanded to custody until the end of proceedings, but the military judge rejected the motion. The prosecution’s appeal was dismissed, and Muqbal was released on 25 December 2020, after a NIS 3,000 (~ USD 900) bail was posted. On 8 March 2021, Muqbal was convicted in a plea bargain. The first count of the indictment was dropped, and he was sentenced to 26 days in prison - equal to the number of days he had already served. The bail was converted to a fine. Muqbal’s case is not an aberration. It reflects the violence the occupation brings to the everyday lives of young males throughout the West Bank. Israel arrests hundreds of Palestinian minors each year, systemically and systematically violating their rights throughout the entire process - from the arrest itself, through the interrogation and in the legal proceedings at the Juvenile Military Court. While Israel boasts laws and procedures purportedly in place to safeguard the rights of minors, these are no more than a smokescreen designed to legitimize the severe harm caused to minors. Muhammad Muqbal described his arrest and 26-day incarceration to B’Tselem field researcher Musa Abu Hashhash on 28 December 2020: I ran fast, and one of the military jeeps hit me in the shoulder. I fell down and then got up and carried on running. I went into a house that had its door open. Three soldiers ran after me. One of them caught me and hit me more than once on the left side of the jaw. It hurt badly, and I fell on the floor. Another soldier attacked me and started kicking me in different parts of my body. The wound in my face was bleeding. I got up, and then they led me to the road, tied my hands behind my back and had me sit down in front of a closed shop. A few minutes later, they put me in a jeep and blindfolded me. I sat on the floor of the jeep. There were four soldiers in it, and one of them hit me, kicked me and spat at me more than once. The jeep drove for about 500 meters and stopped at the entrance to the refugee camp, by the gate. The soldiers took me out there, near the electric gate, and from under the blindfold, I saw four detainees that the soldiers had arrested before me, standing at the entrance. A man in military uniforms approached me and said he was “Captain Karam.” I’d heard about him. I know he’s the ISA officer in charge of our refugee camp. He hit me in the face with the butt of his rifle. He moved my blindfold and took a picture of me and the rest of the detainees. After about five minutes, we were all taken in a large military vehicle to the settlement of Carmei Tzur. We were kept there in the courtyard for about two hours. My jaw hurt, and it was bleeding. Then they put us in another military vehicle and drove us to the police station in Etzion. We got there in the early afternoon, and the soldiers took us into the courtyard. In the later afternoon, they started interrogating us, one by one. I was third in line. Before the interrogation, a lawyer spoke to me on the phone and told me I could exercise the right to remain silent and not to be afraid. An interrogator by the name of Yusef interrogated me. He accused me of throwing a Molotov cocktail at an Israeli bus a few months ago and throwing stones at military vehicles. I denied both accusations, and after ten minutes, the interrogator took me out to the yard. They left me there until the evening. Then they took me back into the interrogation room, and a different interrogator questioned me. He yelled and said I was lying. He started asking: “So the soldiers and camp residents who saw you do it are liars, and only you’re right?” I continued denying it, and the interrogator wrote down what I said and ordered me to sign my statement. He told me I was signing what I had said. I signed and gave my fingerprints, and my photo was taken. At around 9:00 P.M., after they’d finished questioning the other four detainees, the soldiers took us to a place that looked like a kitchen, in front of the yard, and one of them told us we could sleep on the floor. That’s when a military doctor came and gave us a coronavirus test and asked if we had any illnesses. We sat on the floor in the kitchen for about six hours. They didn’t give us food or drink, and we weren’t able to sleep either. My jaw hurt a lot. We were handcuffed and blindfolded the whole time, and time went by slowly. At around 3:00 A.M., the soldiers took me out of the kitchen. The others had been taken before. I was taken in a small vehicle with a four-soldier escort. I was sitting in the front seat, between two soldiers. We drove to Hadassah Ein Karem Hospital. I knew where I was by the sign at the entrance. I got there at about 4:00 A.M. I got tested for coronavirus again, and then I was given painkillers. Two soldiers escorted me. One of them was the one who attacked me during the arrest. I was taken into a room, and one of the soldiers tied my left hand to the bed. The pain was so bad I couldn’t sleep. In the evening, I was taken for X-rays and then brought back to the room. There was a patient from Jerusalem in the room, and he told me he’d heard the doctors saying in Hebrew that I was going to need surgery. After sunset, in the evening hours, my father came and tried to get in the room. He called out to me and asked me how I was feeling. The two soldiers kicked him out. He tried to get to the door every once in a while to ask me how I was doing and told me not to worry. The next day, Tuesday, I was taken into another room, and the soldiers were replaced. The new soldiers let my father come into the room for a few minutes and talk to me. My father told me he had signed consent for my surgery and told me it would be on Wednesday. On Wednesday, I was taken into the operating room, and the surgery started at around noon. It took four hours, and after, they took me back to the room. I found out the doctors had put in a fastener to put my jaw together on the left side. It stops me from chewing or moving my jaw. On Thursday, at around 8:00 P.M., I was taken in a vehicle used to transport detainees to Megiddo Prison with my hands and feet cuffed. In the prison, they took me into a room where I stayed by myself for four days. After that, I was taken into a room with five underaged detainees. I stayed at Megiddo for 18 days. I got soup to eat and painkillers. There were three court hearings that I attended through video. A lawyer represented me. Then, I was transferred to Ofer Prison, where there was a final hearing on 24 December 2020, which I also attended through video. It lasted more than half an hour, and the judge asked me what I would do when I went back home. I told him I’d go back to school. I couldn’t understand the interpreter that well because the connection wasn’t good, and I didn’t understand what the judge decided. They took me back to a room at Ofer, and I stayed the night there. In the morning, it was Friday, they told me I was getting released that day. I later found out I’d been released on a 3,000 NIS bail. That day, 25 December 2020, before noon, a military jeep took me to the al-Jib checkpoint, and my father was waiting for me there in a friend’s car and took me home. I still can’t eat properly, and I’m getting liquids only. A doctor at the hospital in Hebron told me it would take two more weeks before they remove the metal fastener. Muhammad’s father, Munir Muqbal, 47 and father of six, said in a testimony he gave to B’Tselem field researcher Musa Abu Hashhash on 6 December 2020, while his son was held in custody: The day after the arrest, in the early afternoon, I got a call from Hadassah hospital and got asked to go there to sign the approval for Muhammad’s surgery. They sent me an invitation, and I sent it to the Coordination and Liaison Administration. At 5:00 P.M., I got an entry permit. I went straight to Hadassah Hospital and went up to the seventh floor. I saw Muhammad in one of the rooms and tried to go in, but two soldiers who were in the room barred me from entering. I stood in the doorway and asked Muhammad how he was feeling, and he said he was okay. I tried to go in the room several times, but the two soldiers wouldn’t let me. I managed to take a picture of Muhammad, who was tied to the bed. I stayed in the hallway all night and tried to get some sleep on one of the chairs there, but I wasn’t able to. On Tuesday, he was taken to a different room, and the two soldiers who had been there were replaced by others. One of the new soldiers let me in and talk to him for a few minutes. I managed to take a photo of him too. His left hand was tied to the bed, and a patient who was in the room with him told me his surgery was scheduled for Wednesday. On Wednesday, at around noon, he was taken to the operating room. The surgery lasted four hours, and after that, he was brought back to the room, and I managed to talk to him for about 15 minutes. The doctors told me they had put in a jaw fastener, so he would have a hard time eating for quite some time. I expected Muhammad to stay in the hospital for further treatment, but to my surprise, the very next day, Thursday, in the evening, the soldiers took him to Megiddo Prison. I went home and got updates about what was happening to him from a lawyer with Defense for Children International. His mother and I are very worried because they took him back to jail right after the operation.

21 March 2021

עהד תמימי בבית המשפט. צילום: אורן זיו, אקטיבסטילס, 17.1.18

The Military Courts

‘Ahed Tamimi’s forced plea bargain clearly illustrates role of military juvenile court: Protecting the occupation, not Palestinian minors

The conviction rate in Israel’s military courts in the West Bank is almost 100% - not because the military prosecution is so efficient, but because Palestinian defendants reluctantly sign plea bargains in which they plead guilty. A new report published yesterday by B’Tselem shows how the measures that Israel has showcased over the last decade as examples of its improved treatment of Palestinian minors in military courts have little to do with the protection of minors and everything to do with public relations. In fact, the function of the military juvenile court boils down to signing off on plea bargains such as the one signed today. This afternoon, the military court at Ofer signed off on plea bargains for ‘Ahed and Nariman Tamimi. The plea bargains include eight months in prison and a fine. A new report published yesterday by B’Tselem, Minors in Jeopardy: Violation of the Rights of Palestinian Minors by Israel’s Military Courts, analyzes the changes that Israel declared over the last decade with regard to the treatment of Palestinian minors in military courts. The report reveals that while useful in Israeli propaganda, these technical changes have done nothing to improve the protection of minors’ rights. In particular, the role of the Military Juvenile Court, whose establishment Israel views as a landmark achievement in the protection of minors’ rights in the military court system, is primarily to sign off on plea bargains already reached between the defense and the prosecution outside the courtroom. Almost all minors sign the plea bargains, having been left little choice by the military courts’ detention policy: most minors are held in custody from the time of their arrest and until they finish serving their sentence. Carrying out an evidentiary trial from within prison is fraught with difficulties, and the defendants know that if convicted, they will be sentenced to prison anyway, as no alternatives exist. Even in the extremely unlikely case that they are acquitted, the time they spent in custody throughout the trial may be just as long, or even longer, than the time they will spend in prison under a plea bargain. ‘Ahed Tamimi’s case is exceptional only in that it garnered special media attention, but it is essentially no different from hundreds of such cases every year. According to figures the Israel Prison Service (IPS) provided to B’Tselem, on 28 February 2018 the IPS had 356 Palestinian minors in custody: 95 of them were serving a prison sentence, 257 were in pre- or post-indictment detention, and four were being held in administrative detention. While Israel claims to hold dear the rights of the Palestinian minors it arrests and puts on trial, the opposite is true: the rights of these minors are routinely and systemically abused from the moment of their arrest.

21 March 2018

The Military Courts

New B'Tselem Report: Violation of the Rights of Palestinian Minors by Israel’s Military Courts

B’Tselem today (20 March 2018) published a new report – Minors in Jeopardy: Violation of the Rights of Palestinian Minors by Israel’s Military Courts – which analyzes the changes that Israel said it made in the last decade, purportedly to improve the treatment of Palestinian minors in military courts in the West Bank. The report reveals that while serving as useful for propaganda, these technical changes have not improved the protection of minors’ rights. Israel continues to ignore the basic principles that guide juvenile courts within Israel and throughout the world, and especially the principle of “the child’s best interests,” and the understanding that incarcerating a minor must always be a measure of last resort. Israel has not introduced any changes to the early stages of the process – i.e., the minors' arrest and interrogation – although these phases are crucial to determining the minors’ fate. At these times, the minors are cut off from their environment and held without their parents or legal counsel, surrounded by adults who represent the occupying power. This continues in the interrogation, which is often carried out hours after the arrest, by which time the minors are hungry and exhausted. The interrogators subject them to threats, shouting and even violence until they manage to extract a confession from them, or allegedly incriminating statements against others. In 2009, Israel established the Military Juvenile Court, which it views as a landmark achievement in the protection of minors’ rights in the military court system. In reality, the new court changed nothing of substance. For one thing, the juvenile court does not hear requests to remand minors in custody, which are heard in the regular courts. Secondly, its function is primarily to sign off on plea bargains already reached between the defense and the prosecution outside the courtroom. This relieves the prosecution from requirement of presenting evidence to prove the allegations set forth in the indictments. Many defendants sign the plea bargains, having been left little choice by the military courts’ detention policy: most minors are held in custody from the time of their arrest until they finish serving their sentence. Carrying out an evidentiary trial from within prison is fraught with difficulties, and the defendants know that if convicted, they will be sentenced to prison anyway, as no alternatives exist. Even in the extremely unlikely case that they are acquitted, the time they spent in custody throughout the trial may be just as long, or even longer, than the time they will spend in prison under a plea bargain. Israel also claims to have shortened the length of time minors are held in custody in order to increase judicial review of their detention. In fact, this has driven up the frequency of remand hearings, in which the judges almost always remand the minors in custody. Increasing judicial review can only be meaningful in a system that exercises real judicial review of every decision regarding detention, and which views detention as an exceptional means that must be used only as a last resort. Yet the detention of Palestinian minors is standard procedure in the military courts, and presumptions set by the military judges mean the minors are remanded to custody in almost all cases. Hundreds of Palestinian minors are at the mercy of the military courts every year. According to figures the Israel Prison Service (IPS) provided to B’Tselem, on 28 February 2018 the IPS had 356 Palestinian minors in custody: 95 of them were serving a prison sentence, 257 were in pre- or post- indictment detention, and four were being held in administrative detention. Creating a false façade of a fair legal system that purports to safeguard the rights of minors tried in its courts serves a political goal: legitimizing the occupation and silencing criticism of it. In the military courts, and the military juvenile court is no exception, the procedures and orders are formulated by Israelis, with no input by Palestinians. They are implemented by soldiers, judges and prosecutors, all uniformed Israelis who represent the occupying power’s interests. In this system, Palestinians are always the suspects, defendants and convicts. With a conviction rate of almost 100%, the military courts can never be a neutral arbiter. On the contrary, they are one of the state’s major mechanisms of occupation, used to oppress the Palestinian population and quell any resistance to Israeli control. Behind this façade is a regime of occupation that has gone unchecked for fifty years, violently harming millions of people every day. No law, military order, procedure or sentence can obscure this truth.

20 March 2018