Military Court of Appeals decisions are final, although in rare cases may be appealed to the High Court in demonstrable cases of "egregious and extreme" legal errors or a lack of jurisdiction by the military court. However, in administrative detention cases, the High Court ruled that it has discretion when extensions are ordered and defendants were denied access to lawyers.
Yet attorneys say authorities treat "almost every Palestinian as a ticking bomb case," so presenting an effective defense is near impossible. Also, the High Court ruled that prisoners may be denied counsel if doing so is "absolutely necessary" for the good of the investigation or to protect national security.
It's why lawyers complain about the fairness of military court trials. Even if they occasionally win reduced sentences and on rare occasions acquittals, most are justifiably angry about a fundamentally unjust system treating Palestinians one way and Jews another. The comments below express their frustration:
-- "....the whole process is oppressive;"
-- "I learned how to help people, but it's just not possible in the military courts; (They) exist to administer the occupation, not the law; I feel helpless;"
-- "The most frustrating thing is that you have to work within the occupation; you oppose the system, but you have to work within it;"
-- "I am surprised that anyone can work as a lawyer for administrative detainees without dying of a stroke;"
-- having to deal with secret evidence, vague charges, and indefinite detentions, one lawyer said: "You try to make claims about the procedures that were undertaken and it's patently obvious that the judge views the whole thing as completely beside the point; he's just waiting....to look at the secret evidence and then approve the administrative detention order;" and
-- "There is the prosecution, a judge, a lawyer, a prisoner. It looks legitimate but it is not; these tribunals should be boycotted."
Lawyers also face the problem of being retaliated against by Israeli security forces for representing Palestinians. Travel restrictions may be imposed, but there's danger of harsher treatment. Both attorneys and clients aren't safe under occupation laws and judicial unfairness.
Conclusion
Addameer reported that lawyers believe "that a general boycott of the military courts would be better in the long term for Palestinian prisoners," but say to be effective should be organized by them. However, no movement exists, and the task of building one is daunting to impossible given detainees' isolation, harsh treatment, and need for help that an activist effort would compromise. For their part, lawyers feel obligated to help despite their impotence under a fundamentally unfair system.
How can they feel otherwise in a Jewish state favoring Jews alone, no others - one that vilifies Palestinians as security threats, terrorists, and ticking bombs, claims all actions against them are justified, and defies international law and fundamental Judaic dogma and morality. That's what Palestinians and Israeli Arabs face and why they're denied judicial fairness, something only afforded Jews.
Stephen Lendman is a Research Associate of the Centre for Research on Globalization. He lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also visit his blog site at sjlendman.blogspot.com and listen to The Global Research News Hour on RepublicBroadcasting.org Monday - Friday at 10AM US Central time for cutting-edge discussions with distinguished guests on world and national issues. All programs are archived for easy listening.
