http://unispal.un.org/UNISPAL.NSF/0/57D00BE6597450FF8525774D0064F621
United Nations Report
Report of the Special Rapporteur on independence of judges and lawyers, Gabriela Carina Knaul de Albuquerque e Silva
"According to the information at my disposal, between 1990 and 2006, more than 150,000 Palestinians, both civilians and those implicated in the conflict, have been brought before Israeli military courts. Military Order 378 Concerning Security Provisions of 20 April 1970 established the jurisdiction of the military courts. The law appears to grant the military courts jurisdiction that enables them to try any Palestinian individual resident or non-resident of the occupied Palestinian territory regardless of whether the offence was committed within that territory or not.
The most common charge used is article 53 (a) of the Military Order 378 entitled Offences against the Maintenance of Public Order which carries up to ten years of imprisonment. This provision appears also to be used against children as young as 12 years for throwing stones at the Wall.
In this connection, I would like to refer your Excellencys Government to General Comment No. 32 of the Human Rights Committee in which it emphasized that the trial of civilians in military or special courts could raise serious problems as far as the equitable, impartial and independent administration of justice was concerned.
In my opinion, the exercise of jurisdiction by a military court over civilians not performing military tasks is normally inconsistent with the fair, impartial and independent administration of justice. This should even more evidently apply in cases of minors."
616. Mr. Mohammad Othman, returning from Norway where he carried out advocacy work and met with Government officials, was arrested on 22 September 2009, at the Allenby Bridge Crossing between Jordan and the West Bank. Mr. Othman was placed in detention at the Huwwara detention centre and then transferred on 24 September 2009 to the Kishon (Jalameh) interrogation centre where he was placed in solitary confinement.
617. The Kishon Military Court extended his detention on 29 September 2009 for ten days. The Salem Military Court further extended his detention period on 8 October, 19 October and 27 October 2009. On 1 November 2009, the Court rejected an appeal against the extension of his detention. On the same day the military court prosecutor requested that Mr. Othman be prevented from meeting his lawyers until the next court hearing. The Salem Military Court sustained the proposal at a hearing on 2 November 2009, in the absence of both Mr. Othman and his attorneys. An appeal from Mr. Othmans lawyers challenging the application of the military prosecution preventing him from contacting his lawyers had been rejected by the Military Court of Appeals on the basis that the appeal should be filed directly with the High Court of Israel.
618. Mr. Othman has reportedly been subjected to lengthy interrogation sessions, some of them lasting from 8:00 am until midnight. He has been allegedly threatened that the interrogations could last for up to 180 days. He was reportedly also threatened with life imprisonment and told that his human rights work would not be helpful as he is now in the hands of the State of Israel.
619. On 8 November 2009, the court extended Mr. Othmans detention period for another ten days and also prolonged the ban on access to his lawyers until 15 November 2009, citing the interests of the interrogation as a reason. Since the ban on contacts with his lawyers, Mr. Othman has been held incommunicado. He receives occasional visits by ICRC delegates.
620. According to information available, to date no charges have been brought against Mr. Othman, nor has he been brought to trial.
621. Concern is expressed that the continued detention of Mr. Mohammad Othman without charges may be related to his work in defence of human rights, especially to his advocacy work and for speaking out against the construction of the separation wall.