According to Israeli and Palestinian media, Ahed Tamimi will be sentenced to eight months in prison following a March 21 plea bargain at the Ofer military court—pending approval by the court.
It’s how most Palestinian judicial cases are settled. Their defense lawyers face enormous obstacles, military court injustice rigged against their clients for political reasons.
They’re hampered by military orders, Israeli laws, and prison procedures, preventing them from adequately helping clients—from their time of arrest through detention, trial, imprisonment, appeal, and other constraints against justice.
International law Israel consistently breaches is clear. Article 2, section 3(b)(c) of the International Covenant on Civil and Political Rights (ICCPR) states: Everyone “shall have [the] right [to effective remedy through a] competent judicial, administrative or legislative [authority], or by any other competent authority provided for the legal system of the State [to] ensure that the competent authorities shall enforce [judicial] remed[ies].”
Article 14, section 1 states: “All persons shall be equal before the courts and tribunals [and] shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.”
They’re “presumed innocent until proved guilty according to law”—not in Israeli military courts, Palestinians considered guilty by accusation. Rare exceptions prove the rule.
They’re denied rights afforded Jews in civil proceedings, including confidential consultations with attorneys to prepare a proper defense.
Most often, they meet with counsel for the first time on hearing days, shortly in advance of proceedings.
Most cases are settled by one-sided plea bargains, the only option for Palestinians to serve shorter sentences—despite guilty of no crimes.
A Palestinian attorney earlier said onerous Israeli procedures are imposed “to pressure lawyers like me to quit.”
Even worse under Israeli law and military orders, Palestinians accused of security threats may be prohibited from consulting an attorney for weeks or months.
They may be detained incommunicado up to 90 days, denied contacts with counsel or family members.
Israel’s military judicial system is rigged to convict, justice systematically denied. Palestinians are presumed guilty unless proved innocent—a flagrant violation of international law, a standard denying justice virtually always.
Ahed’s plea bargain reduced fabricated charges against her from 12 to four. Conviction on original counts would likely mean 10 years in prison.
Revised charges accuse her of obstructing and striking an IDF soldier. Ahed’s mother Nariman faces similar charges, a plea bargain in her case likely coming, resulting in a much lighter sentence than otherwise.
Ahed’s plea bargain eight-month sentence came days after an Israeli military appeals court denied her right to a public trial.
Her lawyer Gaby Lasky confirmed a deal on her behalf was reached, saying: “The fact that the plea agreement provides for the dropping of all of counts of indictment that made her detention possible until the end of legal proceedings possible is proof that Tamimi’s arrest in the middle of the night, and that the legal proceedings against her were steps designed to settle scores.”
Over 1.5 million people signed a global petition, demanding Ahed’s release. Thousands of supporters in cities worldwide participated in events on her behalf.
Demonstrations continue calling for freeing her, freeing all Palestinian political prisoners, thousands illegally held under repressive gulag conditions.
Ahed’s father Bassem said Ahed and his wife Nariman did nothing wrong. Along with supporters, they’re “fighting for freedom and justice”—consistently denied by Israel against Palestinians, ruthlessly persecuted for not being Jewish.
Stephen Lendman lives in Chicago. He can be reached at lendmanstephen@sbcglobal.net. His new book as editor and contributor is titled “Flashpoint in Ukraine: How the US Drive for Hegemony Risks WW III.” Listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network.
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