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Last update - 17:40 06/01/2008 Report finds unfair judicial procedures in military courts By Avi Issacharoff, Haaretz Correspondent Tags: Palestinians, Yesh Din  The military judge at Camp Ofer turned to Anwar Muhmad Adayis at the beginning of his hearing last Tuesday morning and said: "I've decided to acquit you." Adayis' lawyer Ismail Tawil looked stunned as the judge continued. "After reviewing the evidence, I have reached the conclusion I must accept your arguments." Tawil says he doesn't remember a single acquittal like this in 10 years concerning a suspicion of kidnapping, possessing a firearm and assaulting an Israeli citizen. "Due to doubt I acquit you, but you will have to appear in court on Thursday should the prosecution decide to appeal the decision." Even after he left the courtroom, Tawil was astounded by the ruling. "This is evidently a judge who read the evidence and realized it was just rumors that are supposed to incriminate the defendant." Advertisement Tawil apparently had good reason to be surprised. According to figures from the Israel Defense Forces, only 0.29 percent of the 8,854 cases that produced verdicts in the territories' military courts ended in acquittals, and only 5 percent of those cases involved attempted murder or murder. The others ended in partial or complete convictions. Human rights group Yesh Din claims that this figure is the tip of the iceberg of unfair judicial procedure in the military court system. A report by the advocacy group claims: Palestinian minors are tried in regular courts while in Israel they would be tried in juvenile court. At the end of 2006, two-thirds of defendants in military courts were detained for the duration of proceedings. Yesh Din observed 118 bail hearings and found that the average hearing for detention through proceedings lasted one minute and 54 seconds. Ten-day detention orders were given in three minutes on average. Palestinian lawyers cannot visit clients jailed in Israel. In addition, all trial material is submitted only in Hebrew, creating further obstacles for those lawyers. Some defendants are not even entitled to meet with lawyers as a result of the limits imposed by Israeli defense. 95 percent of all military court cases in 2006 ended in plea bargains. Only 130 cases (1.42 percent of 8,854) carried on through the entire evidentiary process. According to Yesh Din, the simultaneous translation provided to defendants during their trials was sloppy in at least 35 percent of the hearings the group observed. But attorney Tawil says there has been change recently in the courts' policies, possibly a policy change in the Israeli system. "It appears Israel has begun to think more democratically," he explains. Haaretz's observation of hearings at Camp Ofer also indicated a different view than the report presents. For instance, in two hearings Haaretz observed on two separate days, a defendant suspected of possessing a hunting rifle was released from custody after no ammunition was found in his home (and he claimed it was an air rifle to be used only for decoration). Bail hearings even for a few days of detention lasted much longer than two minutes. In addition, lawyers from East Jerusalem or Israeli Arab lawyers can apparently meet their clients in Israeli jails. Attorney Shaaban Tawhid told Haaretz that he met one client for the first time in the Camp Ofer courtroom because he didn't want to waste time waiting at the Russian Compound detention center. However, Tawhid claims that the system is built to convict. "Only a few defendants will be released or acquitted," he says, adding that Palestinian lawyers cooperate with the system because there have been efforts to shut down the defense and replace them with Israeli lawyers who wanted more money and cared less about the defendants. The IDF spokesman stated in response that "despite repeated requests from the organization to allow us to peruse the final version, Yesh Din has refused to do so, so we can only comment on a draft. "Examination of that version raised several faults we believe stem from inexact interpretation of the data, problematic research methods and incomplete understanding of the military court system, as well as insufficient familiarity with the Judea and Samaria criminal code." Related articles: Rights group: IDF isn't enforcing law on troops in W. Bank, Gaza Court allows illegal Modi'in Ilit housing Military court lawyers to slow down legal proceedings Bookmark to del.icio.us   Virtual victory TV series offers detailed reenactments of IAF's battles. Surviving the race Neither Clinton nor Romney can afford to lose in N.H.   1.   The Thumb On The Scales of Justice 09:33  |  chet 06/01/08   2.   the fact that 10:17  |  rm 06/01/08   3.   the caption should have indicated doubt 11:18  |  Margie in Tel Aviv 06/01/08   4.   The article says that the report is wrong 11:36  |  Iz Ray Leigh 06/01/08   5.   #1 chet 12:47  |  danny 06/01/08   6.   danny 5 19:19  |  realism 06/01/08   7.   peter sm 03:34  |  realism 07/01/08

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