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Israel places journalist under incommunicado confinement

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UPDATE April 18, 2014: Following widespread publication of the story on the internet, the Prohibition of Publication Decree was revoked this morning, aand the story was finally published by Israeli media.

(image by Public)

Majd Kayyal - 23-year-old Israeli citizen, a journalist under incommunicado confinement in Israel.
OccupyTLV, April 16 - Judge Zaid Falah of the Haifa Magistrate Court issued on April 13, 2014, a Protocol and  a Decision, remanding Majd Kayyal to confinement and interrogation. [1] The court hearing was conducted "behind closed doors".  Mr Kayyal was denied access to his counsel, and Judge Falah included in the same April 13, 2014 Decision, a Prohibition of Publication Decree on the entire matter.[1,2]

(image by Public)
Page 4 of the April 13, 2014 Protocol and Decision by Judge Zaid Falah of the Haifa Magistrate Court in Israel Police Central Unit vs. Kayyal  (23318-04-14)

6. Therefore I remand the Suspect till April 22, 2014 at 10:00am.
7.  I herein issue Decree of Prohibition of Publication on all process in instant case,  until April 22, 2014 at 10:00 am, and all process is to be conducted behind closed doors.
Instant protocol provides legal authority for detention.
Issued and noticed on April 13, 2014, in the presence of the parties.
Dr Zaid Fallah, Judge

The matter of Majd Kayyal also came up in daily State Department briefing on April 14, 2014.  [3]

This writer published widely the records of Mr Kayyal's arrest, [1] and well as other records of the Haifa Magistrate Court, conducted "Behind Closed Doors", and purportedly subject to "Prohibition of Publication Decree".  [4]

Surprisingly, the Israeli authorities fail to take any action in view of such blatant defiance of the Court.

Public access to court records, to inspect and to copy, is a fundamental right, crucial for transparency and integrity of the courts.  Public access to court records in Israel is heavily restricted.

Prohibition of Publication Decrees are typical of totalitarian regimes, but are still common in Israel.

Such overall conditions raise on the one hand questions regarding conduct of the courts themselves, and on the other hand conduct of Israeli media, which comply with such ludicrous conduct of the Israeli courts.

It should be noted that the Haifa Magistrate Court, like all other Israeli courts, which have been inspected to this date (including the Israeli Supreme Court [5-6]), today operates with no lawfully appointed Chief Clerk and refuses to certify its own records. [7] The Israeli courts themselves ruled in the past that a court, operating with no lawful office of the clerk, is an incompetent court.

Following is the translation of the April 13, 2014 Protocol, as published elsewhere. [1]

Translation of court transcript

[Seal of the State of Israel]
At the Magistrate's Court in Haifa

13 April 2013

Israel Police Central Unit vs. Kayyal  (23318-04-14)

Before the honorable justice Dr. Zayed Falah

Petitioner: Police Central Unit Versus Suspect Majd Kayyal


Attorney for the petitioner -- Warrant Officer Marcel Daman
Attorney for the suspect -- Adv. Aram Mahamid and Adv. Fadi Khouri
Suspect -- no appearance (he is brought into the court after the interrogation by the attorney for the suspect and the summaries)
Relatives of the suspect -- his father, brother and mother


Attorney for the Petitioner

Restates the content of the petition. Presents the investigative file to the court for perusal. Presents secret material.

Attorney for the Petitioner, in response to questions from the attorney for the suspects:

Q: Are you informed about all the investigative actions taken to date:

A: No.

Q: Have you given the court all the investigative material that has already been collected?

A: Indeed.

Q: Does the material presented to the Court include investigative memoranda and investigative actions that have already been done?

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Dr Zernik has gained substantial experience in recent years in analyzing fraud in banking and government computer systems. In such research he documented the important role that large-scale fraud in such systems plays in the current financial (more...)
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