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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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