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6 September 2006 Court Report

Today the 6th of September in the Supreme Court in Jerusalem the appeal was heard of Mordechai Vanunu against the restrictions imposed on him by the Israeli Government.

Avigdor Feldman , representing Mordechai, argued that in all the interviews Mordechai gave to the international media since his release, in April 2004, two and half years ago, there were no new secrets revealed and nothing he said was endangering the security of the state.

He said that the Supreme Court stated in its judgment 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 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The attorney for the state disputed Feldman's statements, "Vanunu is still a danger to the State Security, he has more unpublished information and he wants to make it public".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 doors.

Mr Feldman said that it can be heard in 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.

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's time (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 is their position as to 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.

-Meir Vanunu

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