Israel

• Criminal proceedings in the absence of detainees and prisoners: On 12 March 2020, Following notification from the Prison Service concerning delays in the transport of detainees, the Magistrate Court in Jerusalem began holding detention hearings in the presence of defence counsel and in the absence of the detainees, in accordance with the law and the consent of all parties.[1] On 15 March 2020 the GoI adopted emergency regulations allowing the holding of hearings on detention extension in the absence of the detainees and their participation through technological audio and video means.[2] On 24 March 2020 the GoI adopted emergency regulations allowing video and audio conferencing in additional criminal proceedings, unless the Court’s president finds that despite the state of emergency the hearing must be held in the presence of the detainee or prisoner.[3]
   
• Release Committees: On 25 March 2020 the GoI adopted regulations relating to the Committee on Release of Prisoners, addressing bench size, suspension and postponement of hearings, hearings in the absence of prisoners, video conferencing by consent and alternative technological means.[4]
   
• Operation of Courts: On 5 April 2020 the Courts Administrator issued instructions on questioning and masking in courts and tribunals. These instructions resembled the provisions of the generally-applicable emergency regulations, from which the court and tribunal systems were excluded in light of the principle of separation of powers. These instructions were modified and extended periodically until replaced by regulations in September 2020.[5] On 23 September 2020 The Courts Administrator issued regulations relating inter alia to questioning and temperature measuring, mask requirements, social distancing, secretariat operation, enforcement.[6]
   
• On 24 December 2020 the Courts Administration announced that beginning 28 December 2020, the courts and tribunals resume hearings in all types of proceedings, while complying with applicable regulations and instructions to protect the health of the public, of the judges and of employees.[7] On 7 January 2021 the Courts Administration announced that courts and tribunals will temporarily act to postpone hearing unless the judges consider that postponement is not appropriate.[8] This instruction was subsequently extended.[9]
   
• Visits to detention and incarceration facilities: On 15 March 2020 the GoI adopted emergency regulations allowing the minister of internal security to declare a risk of contagion of COVID-19 in Detention Facilities and Prisons. During the period of risk, Legal counsel, and visitors other than ICRC delegates, would not be allowed into detention and incarceration facilities other than to legal proceedings in a court within the facility; in preparation for a scheduled hearing; or otherwise by exceptional permit, taking into account the detainee or prisoner’s age. Detainees and prisoners would be able to consult with legal counsel by phone, in privacy and in conditions that ensure the confidentiality of the consultation.[10] On 2 April 2020 The Courts Administration announced a pilot procedure for holding certain urgent civil proceedings through video conferencing, by consent of the parties.[11]
   
• On 15 March 2020 the Courts Administrator issues a notification declaring types of matters that would be exceptionally heard in civil and labour courts during a special state emergency.[12]
   
• On 22 March 2020 the minister of justice issued a notice applying the Courts and Execution and Collection Offices Regulations (Procedures in a Special State of Emergency), 1991 on magistrate, district and supreme courts.[13] The scope of matters to be heard in courts was modified occasionally over the following months.[14]

West Bank

• Criminal proceedings in the absence of detainees and prisoners: On 5 April 2020 the Military Commander in the West Bank issued an order (extended subsequently) which provide for holding criminal hearings in the absence of the detainee or prisoner unless the president of the military court instructs otherwise. In such hearings video and audio conferencing will be used if the presence of the detainee or prisoner is required by law.[15]  A later order provides that the number of detainees and prisoners brought to the military courts daily would be the maximum permitted according to the ministry of health’s recommendations.[16]
   
• Visits to detention and incarceration facilities: On 22 March 2020 the Military Commander in the West Bank issued an order according to which Legal counsel would not be allowed into detention and incarceration facilities other than to legal proceedings in a court within the facility; in preparation for a scheduled hearing; or otherwise by exceptional permit, taking into account the detainee or prisoner’s age. Detainees and prisoners would be able to consult with legal counsel by phone, in privacy and in conditions that ensure the confidentiality of the consultation. Visitors other than representatives of the ICRC and providers of professional service required by law would not be allowed into detention and incarceration facilities, other than by exceptional permit, taking into account the detainee or prisoner’s age.[17]