84 chapter two the Israeli security services acquired the approval of the Petakh Tikva Magistrates’ Court to prevent Makhoul from meeting a lawyer. In addition, a gag order was issued on Makhoul’s case prohibiting coverage relating to the arrest by the Israeli media. For twelve days, Makhoul was held in incommunicado detention and was prevented from meeting a lawyer as the court continuously rejected appeals made by his legal defence team against the prohibition on meeting a lawyer.78 During this time and as a result of his classification as a “security detainee,” hearings would be held in Makhoul’s absence and though he was brought to the courtroom he was prohibited from appearing at his own hearings.79 Adalah reports that, throughout these hearings, “secret information” was traded between the court and the GSS along with questions asked and notes passed between the two.80 Further, all information pertaining the investigation and to Makhoul’s medical and physical condition while in detention was declared classified. In effect, the view of the defence was virtually absent in the courtroom. As to the category of “security prisoners,” it is important to note that regardless of the nature of the violation, Israeli prison authorities generally consider Arab political detainees as security prisoners. This was stressed by attorney Abeer Baker who explained that this classification determines a person’s treatment by the Israeli Prison Services including the prison to which she/he is assigned, the prison wing where she/he will serve the sentence, the provision of a leave, guarded home visits, and access to telephone calls from prison.81 The distinction between ‘criminal’ and ‘security’ prisoners was sanctioned by the Israeli Supreme Court, and while it is claimed that it is applied to both Arab and Jewish prisoners, Baker argues that in practice it is only Palestinian prisoners who suffer the devastating ramifications of being declared a security prisoner. 78 Makhoul’s legal team was comprised of Attorney Hussein Abu Hussein and Adalah Attorneys Orna Kohn and Hassan Jabareen. Attorney Avigdor Feldman was later added. 79 Adalah: The Legal Center for Arab Minority Rights in Israel, “Court rejected Appeal against prohibition on meeting with lawyers for Ameer Makhoul and extended the detention of Makhoul and Dr. Omar Saeed,” Press Release, May 12, 2010, http://www.adalah.org/ eng/pressreleases/pr.php?file=12_05_10. 80 Adalah: The Legal Center for Arab Minority Rights in Israel, “Ameer Makhoul’s legal defence team declares they would not participate in detention hearing tomorrow, 17 May, if he is prohibited from meeting his lawyers,” Press Release, May 16, 2010, http://www .adalah.org/eng/pressreleases/pr.php?file=16_05_10_1. 81 Abeer Baker, “The definition of Palestinian prisoners in Israeli prisons as ‘Security Prisoners’ – Security semantics for camouflaging political practice,” Adalah’s Review, 5 (Spring 2009): 65–78. www.adalah.org/upfiles/2012/AR_5_ENG_MAS_NEW%20final.pdf.

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