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Human Rights Alert (NGO)

Joseph Zernik, PhD " PO Box 31440, Jerusalem 91313, Israel; jz12345@earthlink.net ; 91313 04413

09-10-13 Procedures of the Detainees Courts Ministry of Justice, State of Israel


Careful review of the attached records should lead to the conclusion that the "Procedures" are a simulated, illegal public record, published online by the Ministry of Justice with no lawful authority. The number of detainees in Israel have dramatically increased after the collapse of the Soviet Union, and even more so since the onset of the conflict in Darfur. Refugees seek asylum by crossing on foot through the Sinai desert through the open border between Egypt and Israel. Irregularities in records, procedures, and access to the court have been repeatedly rebuked by the review courts and by media in Israel. The official Justice Ministry web site lists only two Detainees Courts. However, unofficial web sites list three main Detainees Courts, which operate inside Detention Centres in Ramle, Hadera, and Ketziot. [ i ] The Detainees Courts operated until June 2004 as an arm of the Ministry of the Interior. After that date they have been operating under the Ministry of Justice. The change was possibly related to the ongoing problems in operations of these courts. Media reported a number of cases of deceptive or abusive procedures pertaining to detainees, beyond the one described above. [ ii , iii , iv , v ] The review courts, likewise, repeatedly rebuked the conduct of the Detainees Courts. [ vi ] Of particular interest is a January 2009 ruling, which was issued after the transfer of the Detainees Court to the Ministry of Justice, which explicitly states that the failure to establish court procedures and the Offices of the Clerks as fundamental flaws in the operations of the Detainees Courts: [ vii ]
There is a fundamental flaw in the procedures of the Detainee Court. The Court has no recognizable Rules of Court and no orderly Office of the Clerk, as found in Courts. Therefore, there is no orderly procedure of summoning counsel for hearings in matters of the parties that they represent.

Apparently in response to this ruling, Procedures of the Detainees Courts were published in October 2009. [ viii ] In pertinent parts, the Procedures states:
4. Organization and Office of the Clerk 2. The Office of the Clerk of the Court are located in the Givon Detention Center facility. The Office of the Clerk serves all the Detainees Courts location and the public. 3. Directives and instructions regarding the operation of the Office of the Clerk will be provided by the Ministry of Justice, through the General Counsel of the Ministry of Justice, or Ministry agency to whom the matter was delegated. 6. Appointment of Judge in Charge 1. 2. The General Counsel of the Ministry of Justice is authorized to appoint a Judge in Charge, who would be responsible for the organization of the Court(s) If a Judge in Charge was appointed, he/she will be responsible for the following: a. Conduct of the Office of the Clerk in Courts under his/her authority.

March 2, 2011
7. Operations 3. Publication of the decisions of the Court (1)

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As a rule, all decisions will be hand served on the Detainee at the time of the hearing. Concomitant to the hand service of the decision, the Judge will explain to the Detainee its essence. In case the decision was not hand served on the Detainee during the hearing, a copy will be served by the Office of the Clerk as soon as possible on the Detainee or the Detainees Counsel. At the end of each working day, or at the latest, on the next morning, all decisions of the Court will be served by the Office of the Clerk on the person in charge in the respective Detention Centre. The Courts decision will be served on Counsel via fax or email. The Court should aspire to publish its decisions. Decisions. Decisions will be published via the Ministry of Justice web site, except for cases, where the Court would decide otherwise. Names of the Detainees would not be published, unless the Court decided otherwise. [underling added jz]

(2)

(3) (4)

No Directives by the Ministry of Justice regarding the operation of the Office of the Clerk of the Detainees Courts were found. Moreover, the response by the spokesperson of the Ministry of Justice did not reflect operations of a functional Office of the Clerk.
Review of Net Ha-Mishpat revealed that no access to records of the Detainees Courts was permitted in the system at all.

Attached: 1) Introduction to the Procedures of the Detainees Courts (English translation - jz) 3 2) Introduction to the Procedures of the Detainees Courts (Hebrew original) 4 3) "About" - Outline of the legal foundation for the establishment and procedures of the courts from an official website of the Ministry of Justice provides an outline. It lists only two such courts, in Ramle and Ketziot. In contrast other unofficial sites listed the primary Detainees Courts at three sites, the two listed above and Hadera - Hebrew The attached text describes Detainees Courts as having operated until June 2004 as an arm of the Ministry of the Interior, and after that date under the Ministry of Justice. 5 4) Procedures of the Detainees Courts - Hebrew
Attorney David Angels web page information regarding Detainees Courts in Israel. Hhttp://www.scribd.com/doc/49657762/H
Curiel, I: Judge: Detainee Tricked Into Deportation, Ynet, January 4, 2011 Hhttp://www.scribd.com/doc/49659024/H iii Israel Flying Sudanese Infiltrators Back to Africa, Ynet, December 13, 2010 Hhttp://www.scribd.com/doc/49659678/H iv Ifargan, Sh: Court Rebukes Deportation of Chad Refugee, Maariv, January 4, 2011 v Levin, L: Hundreds of Refugees Detained for Months Out of Compliance With the Law. Haaretz, August 13, 2010 Hhttp://www.scribd.com/doc/49661368/H vi Prustek v State of Israel (04-531) Judgment in Administrative Court, Beer Sheva Hhttp://www.scribd.com/doc/49665057/H vii Kant v Ministry of Interior (14556/08), Judgment in the Haifa District Court Hhttp://www.scribd.com/doc/49670700/H viii Rules of the Detainees Courts Ministry of Justice, State of Israel, (2009) Hhttp://www.scribd.com/doc/49667635/H
ii

Procedures of the Administrative [Detainees] Courts Along the years, various questions came up, in the course of the work of the Administrative Courts, regarding the procedures and conduct of the Courts. In such framework, the idea was raised of creating an internal assembly of core procedures, pertaining to the conduct of the Courts. [emphasis in the original jz] The above referenced is only a preliminary assembly is not comprehensive the full procedures, pertaining to the conduct of the Courts. [emphasis in the original jz] We hope that the assembly will lead to the establishment of additional procedures, particularly those that pertain to conduct of the Courts in conjunction with related bodies. To the Assembly of Procedures

October 13, 2009

Source: http://www.justice.gov.il/MOJHeb/Mishmoret/nohlim.htm

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