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Israel uses "evidence behind closed doors" to keep Vanunu In
 international |
rights, freedoms and repression |
news report
 Thursday September 07, 2006 13:34 by Justin Morahan - Peace People
For Vanunu's persecution "Time is undefined"
Yesterday, in Jerusalem the appeal of Mordechai Vanunu against the restrictions imposed on him by the State of Israel came before the Supreme Court. After his release from 18 years of imprisonment in April 2004, Vanunu was not truly free..The restrictions imposed by the State, among other things, denied him the right to freedom of speech and freedom of movement. These restrictions are in breach of the UN Declaration of Human Rights. Yesterday, 6 September, was another day for Mordechai's appeal in court. (This Report is based on accounts of friends of Mordechai who were in the court)
Mordechai's Attorney, Avigdor Feldman, argued that in all of the interviews given by Mordechai since his release in April 2004, there were no new secrets revealed and nothing he had said endangered the security of the State of Israel.
Mr Feldman said that the Supreme Court last year had ruled that the criteria of "no breach of the restrictions" and "the passage of time" constituted the basis on which the Court would decide the continuation or the ending of the restrictions.
Now, Feldman said, Mordechai had not breached the restrictions over the past eight months, it was two and a half years since his release, and he argued that the court should consider the ending of the restrictions forthwith. Mr Feldman said that the ban on Mordechai to leave the country is a serious breach of his fundamental constitutional human rights.
The attorney for the State came to court with four or five secret expert witnesses, all men, from the Secret Services and the secret "Israeli Nuclear Committee". They wished to give the three judges their testimony behind closed doors, without Mordechai and his lawyers present, as they had done in previous hearings in the Supreme Court.
Their aim would be to convince the court that Vanunu still has more information to reveal and that he is a serious danger to the security of the State.
The President of the Supreme Court, Dorit Beinish, said that there is no need to hear these secret testimonies as their position was well accepted by the previous bench of the court and "it is accepted on this bench too". The attorney for the state disputed Feldman's statements, "Vanunu is still a danger to the State Security, he has more unpublished information and he wants to make it public", he said.
He added that it is not true that Vanunu did not breach the restrictions in the past eight months and said that he has material on that - but he wants it to be heard behind closed doors. Mr Feldman argued that it can be heard behind closed doors only if the State has the proper orders to make it "closed doors evidence".
In the end the court asked the State to obtain the certificate for secrecy and make a new date to continue the hearing of the appeal.
A witness to the court proceedings writes: "One thing was clear from both the State attorney and from the Judges' statements in the court, that "with or without Vanunu breaching the restrictions, eight months or a year (since the previous decision of the court) is not enough time to end the restrictions".
The President of the court said that "the court in its decision left the term "time" undefined" and asked the State what their position is concerning how long more the restrictions could continue. But there was no clear answer and it is understood that nothing positive will come out from the state or from the court in the near future"
The date for the next hearing has not been fixed - the rumour is that it will be in about 40 days time.
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Comments (2 of 2)
Jump To Comment: 1 2Any mention of South Africa,s Nuclear Arsenal under Botha ? and its involvement with Israel ? or the Dutch Pakistanni in 1973? of course not or Europes Involvement ? How silly of me to ask as I was the personnal secretary to DR, Proffessor, Aime Van Santen Molitor at the time, slavonic studies maybe I should have gone the way of the Baskerviles, to the Mi6 school at Bodmin Moor, for Russian Linguistics, silly me again. If you know why all this is behind closed doors, no wonder they keep it Quiet. This also will be edited Out. Flynn O Flynn
The International spotlight is on the new Israeli Supreme Court President Dorit Beinisch concerning Mordechai Vanunu's appeal. ON NEW ISRAELI SUPREME COURT PRESIDENT DORIT BEINISCH ON MORDECHAI VANUNU’S APPEAL.
On 7th September, 2006 upon hearing of her unanimous appointment as the next Israeli Supreme Court President, Justice Dorit Beinisch said “she would preserve the Supreme Court’s culture of values’. She went on to say ‘As for the talk of eroding public confidence in the court system, everyone from all walks of life comes to court to ask for its help.’ She said the Supreme Court had no political agenda and protected basic values.
I found these interesting comments from Justice Beinisch, who just the day before I saw sit in the Israeli Court (together with Justices Chesine and Grunis) hearing this the third Appeal of Mordechai Vanunu, the Israeli Nuclear Whistleblower, against his restrictions.
In l986 Mordechai Vanunu, acting out of conscience, revealed to the world that Israel had a nuclear weapons programme. Sentenced to 18 years in prison, he spent the first 12, in solitary confinement in a tiny cell, and eventually was released in April, 2004 having completed the entire 18 years. Upon his release the Israeli Government imposed draconian restrictions on his freedom. He is forbidden to speak to foreigners, foreign press or leave Israel. The restrictions include also ban on his freedom of movement in Israel proper. Each year for the past 2 years on 2lst April, these restrictions are renewed and Vanunu remains a virtual prisoner living within a couple of square miles within East Jerusalem, and under constant security surveillance everywhere he goes.
On this my fourth visit to support Mordechai Vanunu (whom I have nominated many times for the Nobel Peace Prize) I attended the Israeli Supreme Court hearings on Vanunu restrictions on 6 September 2006. Vanunu defence Lawyer, Avigdor Feldman, argued that in all the interviews Mordechai gave to the International Media since his release, in April 2004, there was no new secrets revealed and nothing he said was endangering the security of the State. He said that the Supreme Court stated in its judgement last year, that ‘the no breaches of restrictions together with the “Passing of time” factor are the base in deciding the continuing or ending of the restrictions”, and now after two and a half years and in the light of the fact that Mordechai did not breach the restrictions for eight months, Feldman argued, the court should consider the ending of the restrictions. Mr. Feldman said that the ban on Mordechai to leave the country is a serious breach of his fundamental constitutional human rights. The attorney for the State came to the court with four or five men, secret expert witnesses, from the Secret Services and from the secret Israeli Nuclear Committee, to give the three judges a testimony behind closed doors, without Mordechai and his lawyers present, as they have done in the previous discussions in the Supreme Court. Their aim would be to convince the court that Vanunu still has more information to reveal and he is a serious danger to the security of the State.
The President of the Supreme Court Dorit Beinish, said that there is no need to hear these secret testimonies as their position was well accepted by the previous bench of the court and ‘it is accepted on this bench too’. The Attorney for the State disputed Feldman’s statements ‘Vanunu is still a danger to the State Security, he has more unpublished information and he wanted to make it public”. He also said that it is not true that Vanunu did not breach the restrictions in the past eight months and that he has material on that but he wants it to be heard in closed door. Mr. Feldman said only if the state has a proper order to make it closed doors evidence. In the end the court asked the Sate to obtain the certificate for secrecy and make a new date to continue the hearing of the appeal.
The President of the Court said that ‘the court in its decision left the term ‘time’ undefined’ and asked the State what is their position to how long more the restrictions could continue but there was no clear answer, from the State Prosecutor how long was long enough!.
As I sat in the Israeli Court I was surprised at one of the comments by President Beinisch to the effect that two year’s restrictions do not seem too long! I though to myself, that it is, two and a half years restrictions, plus 18 years in prison (12 solitary) and every day that goes by now, as Mordechai Vanunu is a virtual prisoner, whose life is constantly in danger, being punished again and again and again (itself an action forbidden by law). How long is it going to be before it is finally long enough! Vanunu has no secrets; Israel and the world know it. His situation is now worse than a prison term, when at least he could look forward to getting out at a given time. Now he knows the Israel Government directed by the Security Services of Israel, can keep him in Israel forever if they like, and no one outside Israeli, or inside, apart from the Israeli Supreme Court if they really are a Court of justice, can do anything about it! Vanunu has gone (yet again as this is the third appeal!) to the Israeli Court to ask for its help, and the question is – will they help give him Justice NOW, and if not now, WHEN? or must he live out the rest of his life incarcerated within Israel, a victim of secret court hearings, and securocrats, and an victim of an allegedly democratic country with a sham justice system, offering no hope to Vanunu or any of its citizens who come looking for justice from their Courts of Justice.
Many people inside Israel and many in the International community wait and watch, to see if President Beinisch and her 2 Justice colleagues, will have the courage to uphold International Laws and basic common decency and justice, and restore Mordechai Vanunu’s right to his basic freedom of speech and movement. The result of this Appeal will indeed give us an indication of the future strength of Israeli justice for those who go to ask for its help. We wait in hope that we may yet see JUSTICE IN JERUSALEM.