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Al Mezan Condemns the Sentencing of MP Jarrar, Confirming the Absence of Justice for Palestinians

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8 December 2015

 

On Sunday, 6 December 2015, Ofer military court sentenced Khalida Jarrar, a member of the Palestinian Legislative Council, to 15 months in prison. Jarrar was also fined 10,000 NIS (approximately 2,565 USD) and received an additional 12-month suspended sentence.

 

The decision comes more than eight months after Jarrar’s initial arrest. At approximately 1:00 am on Thursday, 2 April 2015, an Israeli special force unit arrested Jarrar after breaking into her home in Ramallah’s Al-Erssal neighborhood. Jarrar was subsequently issued a six-month administrative detention order.

 

Jarrar’s administrative detention order’s confirmation hearing had originally been scheduled for 15 April 2015. At the hearing, her lawyer was surprised that the military prosecutor put a request to indict her; in addition to upholding the administrative detention order against her. The court postponed the hearing, however, and moved Jarrar to another courtroom in order to present the indictment against her. Although her administrative detention order expired on 4 May 2015, Jarrar remained in custody based on the new indictment request, which comprised a list of charges including membership to a banned organization and participation in demonstrations in support of Palestinian prisoners and detainees in Israeli prisons.

 

On 21 May 2015, in a court hearing at Ofer military court, the military prosecutor requested that the judge extend the detention of Jarrar, citing confidential evidence submitted in the charges against her. The judge refused to grant an extension and ordered the release of Jarrar on bail of 20,000 NIS, stating that the evidence presented by the military prosecution was old, and that there had been no reason for the prosecution not to use it in the previous years. The judge remained unconvinced that the confidential evidence was substantial enough to extend Jarrar’s detention. Nevertheless, the military prosecution appealed against the ruling.

 

On 28 May 2015, an appeal session was held, and Jarrar's detention was extended until the completion of the legal procedures, based upon the same confidential evidence. Neither Jarrar nor her lawyer was allowed access to the content of the confidential evidence. On 6 December 2015, Jarrar was sentenced to 15 months of imprisonment  and a fine of ILS 10,000, in addition to 12 months sentence suspended for five years.

 

Al Mezan Center for Human Rights asserts that the Israeli military courts are illegal the State of Israel, the Occupying Power,  has misused its powers as per Article 43 of the Hague Convention of 1907 and  articles 64 and 66 of the Fourth Geneva convention. The practices presented in Jarra's case exemplify the complex measures used by Israel's military rule to repress and break the social fabric of  Palestinian society and disrupt government by arresting political leaders without due cause and without any guaranties of a fair trial as required by the Fourth Geneva Convention.

 

Al Mezan Center for Human Rights expresses its strong condemnation for the unlawful detention and trial of MP Khalida Jarrar and the continuing detention of other members of the Palestinian Legislative Council. Al Mezan views the detention and the trial of MP Jarrar as additional evidence for the biased use of the military judiciary powers to cover violators of international humanitarian law and international human rights law. Palestinian victims lack pathways to effective justice or accountability within Israel.

 

Al Mezan calls on the international community to promptly intervene to end the Israeli escalated violations of international humanitarian law and international human rights law, particularly the policy of administrative detention.

 

END