Nearly 100% of all military court cases in West Bank end in conviction, Haaretz learns
Report shows the military appeals courts decidedly favor the prosecution, with judges accepting 67 percent of prosecution appeals, as opposed to only 33 percent of appeals filed by the defense.
By Chaim Levinson Tags: Palestinians IDFVirtually all - 99.74 percent, to be exact - of cases heard by the military courts in the territories end in a conviction, according to data in the military courts' annual report, which has been obtained by Haaretz.
The report also shows that the military appeals courts decidedly favor the prosecution, with appeals court judges accepting 67 percent of appeals filed by the prosecution, as opposed to only 33 percent of appeals filed by the defense.
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| Photo by: Limor Edri |
The military courts, headed by Col. Aharon Mishnayot, deal with all criminal and security cases involving Palestinians, from their detention through their appeals. Only very exceptional, usually symbolic cases are heard by Israeli courts.
The military court system also includes committees that hear appeals against decisions by Israel Defense Forces commanders, committees that approve administrative detentions, and a committee that approves expulsion orders.
According to the report, 9,542 cases were wrapped up in 2010, of which 2,016 involved hostile terror activity, 763 disorderly conduct and the rest Palestinians staying illegally in Israel, traffic offenses and criminal activity.
The report states that 25 cases ended in full acquittal, meaning that the conviction rate is 99.74 percent. But 4 percent of the cases result in at least partial acquittal on one or more of the charges.
The administrative detention panels, headed by Lt. Col. Shlomi Kokhav, handled 714 requests for administrative detention in 2010, of which 98.77 percent were approved.
Only 51 percent of these requests were honored in full, however. The rest offset days the suspect had already been held, or put certain restrictions on the relevant military commander.
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Not really surprising that the state fares better than the litigants in appeals. This is true also in civil law in Israel proper - quoting from Israel Supreme Court (ISC) case statistics in scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1189... "..Combining denials of review with affirmances resulted in criminal case litigants obtaining relief from the ISC in 2.3 % of appellate filings, and civil case litigants obtaining relief in 11.0% of appellate filings. The government fared far better than other litigants in obtaining reversals of lower court rulings and in securing review of those rulings."
anyone cares? That's a double no
So NOT Virtually (near 100%), since it is 67%... this is the same as in most countries...
"Virtually all - 99.74 percent, to be exact - of cases heard by the military courts in the territories end in a conviction,"
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The reason the courts are military is because the Palestinians are under military occupation and military laws govern occupations. Just one of those pesky details that put a pin in the Ayalon trial balloon that there is no occupation.
If its a fair and just system there should be no problem extending its jurisdiction to all residents of the West Bank - including Jews.
And took steps to act in a fair and just way towards blacks., maybe a lesson to be learnt. Also why military justice?