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General News    H4'ed 10/4/17
  

Israel: The bloggers and the vengeful judges

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Joseph Zernik
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Figure. In court hearings it was exposed that Moti Leybel was held for 10 days in solitary confinement an illegal detention facility - "Black Hole" - in the basement of the Israel Police new headquarters in the center of Tel-Aviv. Leybel was held there under conditions that should be deemed torture and interrogated in an effort to obtain confession.

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  • During court hearings it was discovered that Moti Leybel was held and interrogated for the 10 initial days in a "Black Hole" illegal detention facility in the basement of the Tel-Aviv Police Headquarters, under conditions that should be deemed torture. He was continuously sleep deprived, a firing range was in proximity to his solitary confinement cell, operating most hours of the day. He also denied access to legal counsel. The intent was apparently to extort confessions.

  • In related matter, it turned out that computers of the bloggers and their friends were seized based on fake "Search Warrants". It turned out that for years, the Tel-Aviv Magistrate Court has been conducting search warrant processes with no court files and no clerical registration at all.

  • Lori Shem-Tov was later held for almost a month in total isolation from the outside world, after she leaked to media the mistreatment of a fellow female detainee. The detainee was pregnant, and was pepper sprayed by mistake by wardens. The fetus died as a result, but she was not provided adequate medical care.

  • Although the Israel Police claimed in court that covert investigation had been ongoing for about a year and a half prior to the detention, the prosecutors failed to file Indictment within 30 days, as required by law. Regardless, the Tel-Aviv Court failed to release the detainees.


(Image by Public - State of Israel)   Details   DMCA

Figure. "Consent by pro-tem Attorney General for the filing of indictment": One of the notable differences between the authentic Indictment, filed in the court file, and the fake indictment record, which was served on the detained Defendants, was omission of the consent by State Attorney Shay Nitzan, on behalf of Attorney General Avichai Mandelblit for the filing of indictment under extreme articles of the Penal Code.

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  • Later, fake, perverted Indictment was served on the Detainees in jail, and fake arraignment procedures were conducted in court. When the matter was discovered, the Arraignment procedure has to be repeated.

  • As it turned out when the authentic Indictment was discovered, it included articles similar to "Sedition", which are considered extreme, and which according to Israeli law required the personal consent of the Attorney General. It appears that there were concerted efforts to conceal the personal involvement of the Attorney General in this case.

  • For months following the filing of Indictment, the Detainees were not provided the evidence against them, in violation of Israeli law, and therefore, could not effectively address the court actions against them.

  • The Detainees are now held with no bail for 7 months, and it appears that the intent is to continue their detention for the duration of the trial, which may last a year or two. Such circumstances are extremely unusual in Israel, where even Defendants in murder trials, organized crime have been released on bail, or to home arrest.

Numerous petitions by the Detainees to the Israeli Supreme Court, challenging their treatment by the Tel-Aviv District Court and Israel Prison Service have been denied.

It appears that the extreme treatment of bloggers and protest activists Lori Shem-Tov and Moti Leybel is related to their protest against judicial corruption, which the system is unwilling to tolerate. Protest against the corruption of the justice system has marked the Israeli protest movement in recent years, and the system appears corrupt to the point of "collapse". Demonstrations near the home of Attorney Avichai Mandelblit have been conducted every Saturday night since last November, protesting the failure to prosecute corruption of senior State officers, while persecuting whistle-blowers and protest activists. Some of these peaceful demonstrations were marked by inexplicable violence by police. [4]

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Dr Zernik's core research pertains to e-government and its significance for Human Rights and Civil Society.

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