the israeli incorporation regime85
Jews imprisoned or detained due to attacks on Arabs for ideological
reasons continue to benefit from the rights provided to criminal prisoners,
even if they are officially classified as security prisoners. Consequently,
prisoners who are Palestinian citizens of Israel continue to find themselves on a double periphery. On the one hand, Palestinian political prisoners who are Israeli citizens are discriminated against as compared to
Jewish prisoners in the harsher sentences they receive and in the difficult
prison conditions they are subjected to.82 At the same time, Palestinian
citizens who are incarcerated are excluded from Israeli-Palestinian prisoner-release agreements and from candidacy for early release as their
situation is considered an internal Israeli issue – a product of the Oslo
Accords.83
On May 16, and given the conditions imposed on him as a security
detainee, Makhoul’s legal defence team announced that they would not
participate in the detention hearing in the Petakh Tikva Court if he was
not permitted to meet his lawyers. Adalah stated:
The legal defence team is convinced that under these circumstances, due to
the total lack of respect for due process, the representation of Ameer
Makhoul in the detention hearings has become meaningless. In this
instance, the legal system is simply a rubber stamp for the Shabak.84
This was the first time in Israel’s history that a defence team had threatened to boycott the legal proceedings after being denied access to their
82 Further, in March 2011, the Knesset approved a law to enable the Israeli Supreme
Court to revoke the citizenship of anyone convicted of the security charges of espionage,
treason or aiding the enemy during war. According to this law, only individuals with dual
citizenship can have their Israeli citizenship entirely revoked. Those without dual citizenship could still have their Israeli citizenship stripped, but would be given status equivalent
to what Israel grants foreign workers. See Jonathan Lis, “Knesset passes law to strip terrorists of Israeli citizenship,” Haaretz, March 28, 2011, http://www.haaretz.com/news/national/
knesset-passes-law-to-strip-terrorists-of-israeli-citizenship-1.352412.
83 Moreover, a recent bill proposed by the Knesset’s Interior Committee to amend the
Prisons Ordinance to increase the severe restrictions on meetings between security prisoners and detainees and their legal representatives. The bill expands the grounds on which a
prisoner may be restricted from meeting an attorney and increases the current periods in
which a ban on such meetings may be imposed. Under the bill, the Israel Prison Services
authority can prevent a prisoner from meeting with his or her lawyers is extended for up to
96 hours, and the courts can extend a ban for a total period of one year, as opposed to the
three months under the existing law. See Adalah: The Legal Center for Arab Minority Rights
in Israel, “Proposed bill allowing for one-year ban on meetings between prisoners and their
attorneys is unconstitutional,” Press Release, June 28, 2010, http://www.adalah.org/eng/
pressreleases/pr.php?file=28_06_11.
84 Adalah: The Legal Center for Arab Minority Rights in Israel, “Ameer Makhoul’s legal
defence team.”
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