detainees

Israel approves law on public trials, death penalty for October 7 detainees | Israel-Palestine conflict News

Rights groups warn that the bill makes the death penalty easier to impose and strips fair trial protections.

Israeli legislators have approved a bill to establish a special tribunal with the power to impose the death penalty on Palestinians accused of involvement in the Hamas-led attacks of October 7, 2023.

The bill passed 93-0 in Israel’s 120-seat parliament, the Knesset, late on Monday.

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The remaining 27 legislators were absent or abstained from voting.

Israeli and Palestinian rights groups warn that the bill will make the death penalty too easy to impose while also doing away with procedures safeguarding the right to a fair trial.

Muna Haddad, a lawyer with Adalah – The Legal Center for Arab Minority Rights in Israel, told Al Jazeera that the bill intentionally lowers the legal protections to a fair trial to secure the mass conviction of Palestinians.

“The bill explicitly permits mass trials that deviate from standard rules of evidence, including broad judicial discretion to admit evidence obtained under coercive conditions that may amount to torture or ill-treatment,” Haddad said.

“This constitutes a severe violation of fair trial guarantees that falls well short of international law requirements.”

In a departure from standard Israeli judicial practice, which typically prohibits courtroom cameras, the bill mandates the filming and public broadcasting of key moments in the trials on a dedicated website.

This includes opening hearings, verdicts and sentencing.

Haddad warned that this provision effectively “transforms proceedings into show trials at the expense of the accused’s rights”.

“The provisions governing public hearings… violate the presumption of innocence, the right to a fair trial, and the right to dignity,” Haddad explained. “The framework effectively treats indictment as a finding of guilt, before any judicial examination has begun.”

Israel has been holding an estimated 200-300 Palestinians, including those captured in the country during the October 7 attacks, who have not yet been charged.

The Hamas-led assault on Israeli communities along Israel’s southern fence with Gaza killed at least 1,139 people, mostly civilians, according to an Al Jazeera tally based on official Israeli statistics. About 240 others were seized as captives.

Israel’s subsequent genocidal war on Gaza has killed at least 72,628 Palestinians, including at least 846 since a United States-brokered “ceasefire” came into effect last October.

The war, which United Nations experts say could amount to genocide, has left the Palestinian territory in ruins.

Several Israeli rights groups – including Hamoked, Adalah and the Public Committee Against Torture in Israel – said on Monday that while “justice for the victims of October 7 is a legitimate and urgent imperative”, any accountability for the crimes “must be pursued through a process which includes rather than abandons the principles of justice”.

The bill is separate from a law passed in March that approved the death penalty for Palestinians convicted of murdering Israelis, a measure harshly condemned by the international community and rights groups as discriminatory and inhumane.

That law applies to future cases and is not retroactive, so it could not apply to the October 2023 suspects.

Hamas spokesperson Hazem Qassem said the new law “serves as a cover for the war crimes committed by Israel in Gaza”.

The International Criminal Court is probing Israel’s conduct of the Gaza war and has issued arrest warrants for Prime Minister Benjamin Netanyahu and former Minister of Defence Yoav Gallant, as well as ‌three ‌Hamas leaders who have all since been killed by Israel.

Israel is also fighting a genocide case at the International Court of Justice.

It rejects the allegations.

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Lawyer says guards beat and pepper-sprayed detainees at Florida’s ‘Alligator Alcatraz’

Guards severely beat and pepper-sprayed detainees at a state-run immigration detention center known as “Alligator Alcatraz” in the Florida Everglades this month, according to a lawyer for two detainees.

The guards targeted Katherine Blankenship’s clients and other detainees at the facility after they complained about not having phone access on April 2, Blankenship said in a court declaration.

The phones, which weren’t functioning, are the primary way for detainees to communicate with family and their attorneys while in the detention center. The guards began taunting the detainees, who were in a cell, then became “more aggressive and were yelling and threatening to enter the cage,” Blankenship wrote.

When one detainee approached a guard, he was punched in the face. The guards then started beating other detainees in the cell. One of Blankenship’s clients was punched in the right eye, thrown to the floor and beaten by several guards. He was kicked in the head and his shoulder and arm were injured. A guard put his knee on the detainee’s neck while restraining him, according to the attorney’s declaration, which included a photo made during a video call almost a week later showing the detainee with a bruised eye.

“The officers beat several people during this incident and broke another detained individual’s wrist,” Blankenship wrote. The detainee whose wrist was broken is not one of her clients.

Phone service was restored the next day without any explanation for why it was cut off.

The Florida Department of Emergency Management didn’t respond to questions emailed Wednesday about the incident.

Blankenship’s declaration was included in a court filing accusing state and federal officials of failing to comply with a federal judge’s preliminary injunction last month ordering detention center officials to provide access to timely, free, confidential, unmonitored and unrecorded outgoing legal calls. U.S. District Judge Sheri Polster Chappell in Fort Myers, Florida also said facility officials must provide at least one operable telephone for every 25 people held in the facility.

The judge’s order came in a response to a lawsuit that claimed detainees’ First Amendment rights were being violated.

State officials have denied restricting detainees’ access to their attorneys and cited security and staffing reasons for any challenges. Federal officials who also are defendants denied that detainees’ First Amendment rights were violated. State officials last week filed a notice that they plan to appeal the judge’s order.

The Everglades facility was built last summer at a remote airstrip by Republican Gov. Ron DeSantis’ administration to support President Trump’s immigration policies. Florida also has built a second immigration detention center in north Florida.

During a visit last week to the detention center, U.S. Rep. Debbie Wasserman Schultz, a Florida Democrat, said she wasn’t given the chance to talk to detainees. She described conditions at the detention center as “inhumane.”

“The way the detainees are housed is cruel and unnecessary,” she said.

Schneider writes for the Associated Press. AP journalist Gisela Salomon in Miami contributed to this report.

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