Release on Bail

Translation: Marganit W.

 Morning and Afternoon

While Hava attended the evidentiary hearing of Bassem Tamimi, I walked into Courtroom 4 to check the remand extension hearing of two girls from Um Fagara village, (near Yata) in the South Hebron Mountains who were arrested on 24.11.11.

The background to the arrest: That day the army entered the village with 2 bulldozers and 5 jeeps and demolished two houses (one belonging to one of the defendants) and a mosque, both built without permits [as if inhabitants of South Hebron Mountains, which is in Zone C, could ever obtain a building permit. The purpose of the occupation is to harass the area residents, who are dirt poor, until they leave the area, which Israel covets for its own settlements].

See a film documenting the arrest

See article by Amira Hass on the same subject

 The two girls are detained in the Russian Compound in Jerusalem.

Judge: Major Zvi Heilbron

Prosecutor: Major Nathanela Kola

Defense: Atty. Nery Ramati and Atty. Akram Samara

Defendants:

-Amal Jamal Mussa Hamada, ID 855070850 -  17 year old minor

-Sausan Mahmud Hassin Hamada – ID 852634138 0- 21 years old student in Yata

The prosecutor presents the judge with the police investigation file where the violation is detailed. the charge is: attacking a soldier.

While the representatives of the Civil Administration, together with soldiers and Border Police came to demolish her house, Sausan picked up a stone [later described as a ‘rock’] and hit a BP officer on the hand. Sausan was arrested. Then Amal came on the scene and poured water on the officer.

(read a description of the incident by CPT [Christian Peace Team located in Hebron and the South Hebron Mountains] activists and compare the two versions)

 The prosecution agreed to Amal’s release that day (perhaps because she is a minor, or because squirting a soldier with water is not such a serious violation) in return for a 4000 shekel deposit,

The defense explained that Amal cannot afford to pay such a sum: she is the daughter of a destitute shepherd, and besides, her house has been destroyed.

He wanted to know if the prosecution intends to press charges against Amal.

Prosecutor: We’ll examine the evidence and proceed accordingly.

The judge’s decision: He’s willing to consider reduced bail, plus third person Israeli guarantor (me) to insure that the defendant shows up for a hearing, should one take place on 21.12.11.

As for Sausan, the judge stated that according to the police report the defendant held a rock, which she intended to hurl at the BP officer. She was deterred with pepper spray.

The prosecutor moved for a 4 day remand extension to prepare the indictment, but the judge, acceding to the defense, instructed the prosecution to produce the indictment by 14:00 the next day, thus extending the remand by one day.

The judge also ordered the Prison Authorities to provide Sausan with a coat, after seeing the girls shiver, since they were wearing the same clothes they were arrested in 4 days earlier.

I wondered how the released underage girl was going to get home that day, with no money and no proper clothes. My concern proved well founded: She was released from the Russian Compound detention center in the evening. An Israeli friend of the family who inquired where he could pick her up was told to wait for her at Qalandiya Checkpoint. The man waited for 5 hours only to learn later that the girl had been released at Bethlehem Checkpoint. Amal reached home at 10 PM.

The next day, at 2 PM I reported again to the court to find out about Sausan. The judge agreed to release her on a bail that was much higher than Amal’s – guaranteed by the above-mentioned friend of the family. The judge imposed on her a house arrest in Yata. The prosecution, however, requested 48 hours to consider an appeal. Thus Sausan was not released that day.

Her father, who attended the hearing, had brought clothes for her, and so did the family friend.

The next day, I brought the clothes to the Detention Center at the Russian Compound, which was not a nice experience either.

In the end, Sausan was released on Thursday evening. This time two activists waited for her at Bethlehem Checkpoint to drive her home. But they waited in vain, because she was released at Damascus Gate in Jerusalem (thus turning her into an Illegal Sojourner in Israel). A taxi driver took her home.

Thus ends the detention part of the saga of the two girls. We shall wait for their trial.

 

That day and the next I attended evidentiary hearings in the case of Bassem Tamimi where the prosecution had summoned two minors to incriminate him.

I attach 2 press releases sent by ThePopular Struggle Coordination Committee entitled “I testified under duress” and “We were instructed to incriminate him.”

   

Translation: Marganit W.

We came to observe a trial, which did not take place that day.
Only two courts were operating. Most hearings were remand extensions, but no dockets were posted on the doors. There is no device for posting the dockets and the list of hearings is three days old.

Courtroom 5
Judge: Lieut. Avshalom Meushar

The small courtroom is filled with the usual din of lawyers, prosecutor, judge, detainees and family members talking to each other. The judge dictates to the typist, rephrasing statements by prosecutor and defense.
And above it all, the interpreter's voice, like a muezzin, fills the air.

Diaa Alsheikh - Case No. 2292/11, ID 410835581
Defense: Atty. Muhammad Jabarin
Diaa Alsheik, from the village of Bidu, is accused of trading in combat materiel. He was arrested in May 2011 for agreeing to supply a gun to people who had approached him. The testimonies were taken in December 2009 and were based on a conversation that had taken place in 2007.

In 2010 Diaa Alsheik was arrested for throwing rocks. In January 2011 he was
convicted and was in jail until 10.3.11.
The attorney raised some crucial questions. The testimony was taken in 2009.

A year later Diaa was in an Israeli jail. Why was he not interrogated?
Why was he interrogated two years after testifying about an event that had taken place two years before his deposition?
No police line-up was arranged, and it is not clear that the name mentioned in the interrogations is actually his.
It is not at all clear that he agreed to provide a gun when asked to do so.
The prosecutor responds that an indictment could not be submitted without
further evidence.
The judge concludes that detention is not warranted. He explains the reasons, adding a significant fact: Witness No. 8 stated that after the conversation with Diaa, the subject was dropped because they thought that Diaa was connected to the PA and might inform on them.
The judge sums up: "From this testimony I deduce that his denial of the attempt to purchase an M16 may be substantiated. The testimony was given on 20.12.09 whereas the defendant was convicted and sentenced on 8.1.11.
There is a fundamental flaw in the process, and there is no reasonable explanation why the prosecution did not use interrogation records it had in its possession since December 2009.
The judge adds that Witness No. 5 failed to link the defendant to the purchase of the M16, and that the attempt to obtain the gun happened 2 years before the December 2009 testimony. "These circumstances point to insufficient evidence. The prosecution mentions rock throwing, but the incident does not appear in the indictment."
Diaa was released under the following conditions:
1000 shekel deposit - third party guarantee of 10,000 shekels – reporting to the police once a week.
However, the temporarily released detainee is from Bidu, a village in the Ramallah district, which is separated from its surroundings by a separation fence or wall. In order to report to the police he has to obtain special permit to cross the checkpoint.
The judge struck down the need to report to the police.

Judge: Eran Laufman
Defense: Atty. Munzer Abu Ahmed
Category: remand extension

The accused, Abed Alkader Shaur, about 50 years old, is a spare parts for cars
dealer. He is dressed in civilian clothes and wears a Palestinian worker's cap. He is an odd-man-out among the youngsters who usually sit in the dock.
 

This story has many of the typical elements of the military courts and the occupation.
During the trial I spoke to a policeman from Lahav 433 unit, whose job is to apply "effective and swift enforcement; a professional and sophisticated response to organized crime and to  fight against public corruption." The policeman told me that Mr. Shaur is suspected of dealing in stolen spare parts and possession of stolen goods. On 9.6.11 he was caught on Allenby Bridge with about 500 car and engine parts, which he planned to sell in Jordan.
So what's wrong?
The policeman explained that the Oslo Agreements state that the PA is barred from importing spare parts. Palestinians can import new cars but not parts; so if Mr.Shaur has in his possession vehicular spare parts, they must be stolen - from Israel - and on their way to "chop shops".
The attorney later explained that the Oslo Agreements also contain other clauses governing spare parts, but they are not relevant to our case. What matters is the police claim.
Later, Atty. Abu Ahmed told me that only 28 engines found in Mr Shaur's possession are suspect. The prosecutor, who was in civilian garb, also belongs to Unit Lahav 433. She requested remand extension of 18 days to complete the investigation. Towards the end of the hearing however, amid the haggling over the length of the remand, a new charge appeared: The judge read in the documents that the defendant is a resident of Hebron - it says so on his ID card. The attorney insisted that his client is from Shuafat. Hebron, said the judge. Shuafat, said the attorney.
"So you're saying that he is an illegal sojourner? " asked the policeman, who had joined his colleague, the prosecutor.
It turns out that Mr. Shaur has two wives, one in Hebron, one in Shuafat. Most of the time he resides with his second wife, but the Civil Administration registered him in Hebron. Thus, he must be a resident of Hebron. Whenever he stays with his second wife, he is automatically in violation of the residence law, even though Shuafat is a borderline case: it belongs to Jerusalem municipal jurisdiction but receives services from the PA.
A veritable mess.
The judge's decision: There are grounds for remand extension, but since the report is confidential, the judge did not specify the length of the interrogations. They can also be conducted simultaneously. Shaur is to be detained for only 11 days, until 17.7.11 at 17:00.

Judge: Avshalom Meushar
Defense: Madhat Hamamra
Defendants: Saad Ahmed Ibrahim Alzaoul, 17.5 years old and Ayoub Ahmed
Ibrahim Alzaoul, 14. They are brothers from the village Hussan. The older brother is very short and even though he has an incipient beard, looks stunted (due to poor living conditions?)
The parents were present in court. The father told Hava that 40 boys from Hussan had been incriminated and charged with throwing rocks.
Charge: throwing objects with the intent to hurt, and throwing rocks on a road "during the month of August or thereabout, in Hussan or thereabout" (exact quote from the indictment).
The attorney requests a postponement until next Tuesday in order to Xerox the investigation material and prepare for the hearing. Apparently such an indictment [without mention of date or place where the alleged crime was committed] is admissible in this court. Is such an indictment admissible in an court inside Israel as well??

 

Translation: Marganit W.

 

Hagit’s report

Courtroom 5

Judge: Major Shmuel Fleischman

Prosecutor: ?

 

22 arraignment cases are in the docket.

The charges – by order of prevalence: throwing objects, membership and activity in an unlawful organization, exit from “the region” without permit, and others.

 

Fadel Tamimi – Case No. 2697/11

(See earlier report from 28.4.11).

Fadel was released on bail on Monday, 16.5.11.

Attorney Lymor Goldstein has not yet received the investigation material from the prosecution; this includes a videocassette, which forms the basis of the evidence. The defense requests a postponement.

The next hearing is set for 27.7.11 at 9:30 AM.

 

Abbas Abdel Karim Diab Saada – Case No. 2707/11

Defense attorney Munther Abu Ahmed presents a plea bargain reached with the prosecution: two charges will be expunged and the defendant will admit to two out of the four charges in the indictment. The remaining charges are: breaking into a car in French Hill (Jerusalem) and an attempt to steal it; entry into Givat-Zeev (Jerusalem) without a permit.

The defendant  expresses remorse, which prompts the judge to say: “I don’t believe you. This is what you said on the last 4 or 5 occasions.”  It turns out that in 2002 the defendant was sentenced to 8 months in jail, and in 2003 he repeated the offenses and was sentenced by the Magistrate Court in Jerusalem to 6 months. He went to jail again, when a suspended sentence was put into effect.

The judge scoffs at the claim that the illegal entry into Israel was presented as a search for work, when in fact it was carried out in order to commit a property violation. The judge turns to us (the observers) saying: Write it down: “for reasons of livelihood…”

Sentence: 91 days in jail plus a stiff suspended sentence: 24 months for 3 years (for break-in and car theft). I was unable to hear if the suspended sentence includes the illegal entry into Israel [H.S.]

 

Iyad Raed Hatib – Case No. 2877/11. A boy of barely 15, accused of throwing rocks. He has been detained for 12 days and shows signs of having been beaten.

(see earlier report from 8.5.11)

Since the defendant is a minor, the trial before Justice Fleischman is conducted behind closed doors. The judge decides to release him to house arrest under the supervision of his mother and another person. There are also heavy sums to be posted as bail.

Implementation of the decision is postponed because the prosecution plans to appeal.

 

Naji Majed Ribhi Arar – Case No. 2546/11

(see earlier reports from 10.4.11 and 28.4.11)

At the defense’s request arraignment is set for 22.6.11 in Justice Fleischman’s court.

 

Three additional detainees represented by Atty. Lymor Goldstein (see earlier report from 28.4.11) will be arraigned before Justice Fleischman:

 

Fathi Hamdalla Arar – Case No. 2753/11

Muhammad Kassem Arar – Case No. 2754/11

Alaa Abdullah Said Suleiman – Case No. 2698/11

 

Courtroom 3 – Court of Appeal

Judge: Nissim Sarousi

Prosecutor: Dvir Peleg

 

Atty. Muhammad Aabed appealed the administrative detention of a 27-year old detainee, married and father of a baby, who was arrested a month ago.

The defense argued: the detainee is haunted by his past: he has been detained 4 times before. The last time he was released form administrative detention was two years ago. In each case the charge was membership and activity in an illegal organization. In his youth he belonged to an organization, and since then he has been unable to shake off the label. Today, the defense claims, the area is governed by the PA and people it considers undesirable are reported to the Israeli authorities.

After his last release, the man got married and opened a store. Suddenly, he was again arrested. The GSS forces people who have rehabilitated themselves to return to their past lives.

The prosecutor moves to reschedule the appeal and maintain the detention order. He gives no reasons.

The detainee tells the judge: I used to belong to the Islamic Jihad, but I left the organization, just like Ariel Sharon who left the Likud…

________________________

 

Ofra’s report

Courtroom 2

Judge: Major Amir Dahan

Prosecutor: Captain Michael Avitan

Defense: Atty. Ilya Theorody

 

Tarek Shaheen – Case No. 2605/11, suspected of membership and activity in an illegal organization, 19 years old, from Daheisha refugee camp in Bethlehem.

Tarek was arrested on 7.4.11at 3 AM at his home. His father told us that his son is a high school graduate, enrolled at the university and that this is his first arrest.

20 soldiers took part in the arrest: four entered the house, awoke the entire family (in English) and ordered them not to say a word and not to resist, informing them they had come to arrest Tarek. The family watched in silence as their son was arrested and taken out into the dark. Tarek was held for a few days at the police station, then transferred to Ofer [Military detention camp].  

10 other youngsters from Daheisha were arrested that night and are still in custody.

According to the father, the youngsters paraded with flags in the camp and were later incriminated. The father claims that the Israeli army routinely raids Daheisha and Bethlehem several times a week.

Security in Area A is under Palestinian jurisdiction.  The occupation, however, seems to breach all borders, written agreements and international conventions. This is evident from soldiers’ testimonies in “Breaking the Silence”.

The hearing was rescheduled for 23.5.11 due to changes in defense attorneys.

 

Ali Kamal Hoarin – Case No. 1240/11, a young man from Dahariya who has been in detention for 4 months on charges of “preparing/throwing/laying of a bomb” (actually a kind of flare, according to the prosecutor’s explanation).

The detainee’s father is in court, ready to testify, but in the end the defense cancels his appearance in order to save time. I attended only part of the hearing, in which Ali was interrogated first by the defense, then by the prosecution.

According to his testimony, he had a [entrance to Israel] permit and was working in Mishor Adumin at a solar heating plant. He used to sleep there, going home once a month for a couple of days or for a weekend. He worked from 7 AM to 4 PM, rested for 2 hours, then worked from 6 PM to midnight, as well as on Saturday nights. From his answers to the prosecutor it was evident that Ali denies the allegation (which refer to August and October 2010), claiming that most of the time he was absent from the village, and when he came home he spent his time with his family and rested. The prosecutor tried to shake this alibi.

I am not sure how the hearing ended, but it is clear to me that the young man was exploited under disgraceful conditions in a settlers’ plant.

Moreover, I checked in the Yellow Pages and found “Barsheshet” factory in Mishor Adumim (P. 121), which advertises itself as a patriotic “blue and white” establishment.

Recent data by the Palestinian Statistics Bureau show a high level of unemployment among young people, as well as a large number of Palestinians working in Israel and in the settlements. These data shed light on the problem (and also on the case of Abas Saada, who is accused of a break-in).

I reported this to a journalist as well as to “B’tselem”.

 

 

 

 

 

 

 

 

 

 

 

  

Translation: Marganit W.

morning and afternoon sessions.

On Thursdays there are mostly remand extensions at Ofer. Sometimes urgent hearings are conducted too.

Today the compound was half empty. Only 3 courtrooms were operating

We attended two hearings in Courtroon 2 presided by Justice Major Amir Dahan.

 

One case was of a Palestinian staying illegally in Israel. It is the usual story: the defendant lives in Beit Nabala. There is no work there, so he tried to find work in Beit Hanina, where he was caught being an “illegal sojourner”.

 

Timor Matur, ID 853743391 -Case No. 2069/11– remand extension for 4 days.

The prosecution moves for detention until the conclusion of the proceedings.

 

Oudai Tamimi,ID 8537009343– Case No. 2068/11, from Nabi Salah.

For some reason, the hearing was postponed. The charge is throwing rocks.

 

In Courtroom 5, presided by Justice Major Etty Adar, all cases are remand extensions.

 

Rami Daraj, ID 854342573, 17 years old, is charged with throwing Molotov cocktails (4 years ago). The defense moves to release his client on bail.

The defendant’s mother protests that there is no reason to detain her son.

The judge answers her politely.

Rami, too, is allowed to speak. He claims the policemen beat him during the interrogation, forcing him to accept the charges.

 

In one case the attorney did not show up. The judge was ready to release the suspect, but when the latter said he had no money for the bail, she said, “So you’ll remain in custody until the conclusion of the proceedings.”

 A hearing for the examination of the bail was set for 7.4.11. The judge also allowed the suspect one phone call to his family to arrange his release on bail.

 

After the break, at 14:00, we attended the hearing in Courtroom 1 we had actually come for:

the case of Bassam Tamimi, 44, ID 959225640, Case No 2058/11 - from Nabi Salah.

Bassam is a key figure in the popular struggle against the separation wall and against the occupation, and together with Naji Tamimi (who is also in detention) organizes the struggle in his village.

(See article by Amira Haas on 27.3.11)

Bassam Tamimi was incriminated (among others) by the child Islam Dar Ayoub.

(See report on Islam’s interrogation)

 

Judge: Major Zvi Heilbronn

Prosecutor: Captain Michael Avitan

Defense: Atty. Habib Labib

 

There were about 20 people in the audience: family members, many diplomats, intellectuals, Anarchist Against the Fence and us.

(See Press Release by Popular Struggle Committee)

 

Since the indictment was submitted only today, the defense requested postponement to study the material. The defense also requested video-cassettes from the prosecution.

This is a very serious indictment, which involves incitement.

(For details see indictment in Hebrew)

 

Decision: the case is postponed to Sunday 10.4.11 for review by a detention judge.

 

 

  

Translation: Marganit W.

Morning and Afternoon Sessions 

 

Courtroom 2, Juvenile court

Judge: Major Sharon Rivlin-Ahai

Prosecutor: Atty. Captain Michael Avitan

 

Hagit’s Report

There are 21 cases in the docket today. In 16 of them the main charge is throwing rocks, and incendiary objects. About ten of the defendants have been in custody for at least 6 months for violations allegedly carried out in 2010 or earlier.

In the first hour of the morning session 6 young boys were brought in. In all of these cases an extension was granted and dates were set for continuation.

 

Muhammad Mahmud Diab Harfush – Case No. 3773/10, 16.5 years old from Harbata.

He accepts a revised indictment for throwing rocks – with a friend - at Route 443.

Among the charges is also: a plan to throw rocks, which did not come to fruition, as well as the making of an incendiary object. The violations were committed over several months in 2010.

Atty. Safiya also represents this defendant’s brother, who apparently was arrested with him. Details will be given in the next hearing.

 

Muhammad Eid Yussuf Badran – Case No. 2705/10

This was supposed to be the concluding hearing, but the judge objected to the plea bargain, which involved replacing Atty.Muhammad Shaheen with Akram Samara. The agreement was made according to the procedures set by the Palestinian Prisoner’s Club and with the prosecution’s consent, but the judge determined that at this late stage of the process the defense’s replacement was done without notifying the defendant and his family; consequently, she did not release Atty. Shaheen from representing the defendant.

A memorandum hearing was set for 4.4.11.

 

At 11 the boys sitting in the dock were ushered out and instead Islam Salah Dar Ayoub – Case No. 1367/11 was brought in. His hearing continued after lunch break. His father was present in the court.

The defense was Atty. Gaby Lasky.

Following Justice Captain Etty Adar’s decision (given in a separate hearing) to release Islam to his parents’ custody on 5000-shekel bail and 5000 shekel third party guarantee, the prosecution moved to halt the proceedings. Atty. Gaby Lasky objected to the motion and to the prosecution’s attempt to add restrictions to the release (such as: reporting periodically to the police and insuring that the defendant and his family be always available by phone).

The judge decided to release the defendant and to allow the prosecution to appeal.

The prosecution appealed, but until today the appellate court has not handed down a decision.

 

Norah’s Report

After lunch there was an additional hearing in the mini-trial of the boy Islam Dar Ayoub (Tamimi), from the village of Nabi Salah. The court again examined the defense’s claim that Islam’s statement was obtained by the police interrogators through illegal means and is therefore inadmissible. (See earlier report that includes testimony by prosecution witnesses from Maale Adumim police station: both claimed they were following their commander’s instructions).

Today, the commanding officer himself, Inspector Jalal Awida, was summoned to testify for the prosecution. He was asked the same questions posed to the earlier witnesses – and the answers, too, were the same.

Yes, the boy was informed of his right to remain silent.

Yes, the atmosphere throughout the interrogation was pleasant and friendly.

No, Islam’s parents were not present, but it is not the custom to have Palestinian parents present during interrogations: they live too far away and it is too complicated.

No, the witness is not responsible to what happens before the interrogation (arresting a child at 2 AM, keeping him in a jeep for hours, blindfolded and bound, preventing him from going to the bathroom, depriving him of sleep… and whatever else that happened there. The fact is the boy arrived at the police station in a wretched state, and when the interrogation began, at 9 AM, he must have been exhausted and scared to death).

The commander affirmed that he had given the order not to wait for the attorney Lymor Goldstein who had requested to be present at the interrogation.

“There was an order to begin the interrogation, so the interrogation began.”

Thus, he too was merely following orders from his superior officer.

The superior officer is Yitzhak Shilo, head of Interrogation Division of Judea and Samaria. He was summoned to testify a week later, on 29.3.11 (Unfortunately, we were unable to attend so the report is based on the hearing’s protocol in Hebrew.)

Yitzhak Shilo affirms that he gave the order not to wait for the attorney explaining:

“…The suspect was arrested by the IDF forces. As per our request… he was brought to us for interrogation. That morning, during his interrogation, he admitted participating in disturbances and incriminated others [emphasis mine – N.O.]… The attorney came to Headquarters and asked to meet with him. The interrogation team informed me that the attorney was at the gate… and that the accused was starting to admit to the charges and to incriminate others. Since the interrogation was ongoing and was as yet inconclusive, I determined that if I allowed the attorney to meet the suspect, it would seriously compromise the interrogation. Thus, I instructed the interrogators to tell the attorney that I am delaying his meeting with his client… and that eventually I would allow him to see the client…”

The meeting eventually took place at 14:30, after the 5-hour interrogation was over.

Shilo neglected to mention in his testimony that the attorney had telephoned the station before the interrogation began and asked to delay it until his arrival.

 

In his testimony on 21.3.11 Jalal Awida testified regarding the same question posed by the prosecutor:

Q: The defense claims that the defendant’s right to an attorney was violated…

A: It was not violated. Had he requested to consult an attorney, we would have immediately consented.

This is a very strange answer. Does a 14 year old know his rights? After all, they did not inform him about his right to consult an attorney.

 

What did Islam do during the 2 hour hearing today? He sat on the bench, his head slumped on his knees, covered by his hands – either asleep or simply refusing to hear the humiliating story or watch the video of the interrogation that the defense presented in order to prove that the minor had not been notified about his right to remain silent. He sat scrunched on the bench, not even looking at his father or at the people who came to support him. A 14 year old is capable of understanding the meaning of having incriminated many villagers who are now being arrested one by one and prosecuted. Even if he named them under heavy pressure, it must be very hard to live with the knowledge that he was made to incriminate his neighbors.

 

(see detailed protocol of today’s hearing in Hebrew)

 

  

 

Translation: Diana Rubanenko

 The court was working today in a very restricted format. While we were there, only two courtrooms were functioning and relatively few relatives of detainees were waiting outside.  Among them was a father who pleaded for us to be present during the remand extension of his 14-year old son.

Many minors were brought today for their remand to be extended. An attorney whom we talked to confirmed that most of the cases heard recently in the military court in Judea are of minors. The majority are accused of stone-throwing, as we reported in previous reports (see: ‘Ofer’” 25.10.10 / 3.11.10 / 10.11.10).

 In Courtroom 5 (I was unable to obtain the judge’s name) there were mostly remand extensions.  Among those brought in were some minors. While we were in the courtroom, three minors were brought in for remand extension. One of them looked no more than 13. The judge told him he would have to remain in custody until the end of the judicial proceedings. He will be brought before Judge Sharon Rivlin-Ahai on Monday, 6.12.10, and until then will have to remain in custody.

 We moved to Courtroom 4 where five minors were brought in (among them the son of the man who had asked us to attend his son’s hearing).

Judge: Major Zvi Heilbronn

Prosecutor: Ltd. Eli Tsitrin

Defence: Attorney Muhammad Mahmoud (on behalf of the organisation Defence for Children International)

Three cases of youngsters from Abu Dis were deliberated jointly:

 Muhammad Jaleb Muhammad Iyad, I.D. 859233298 – Case 4702/10, age 15

Yazan Jamal Hassan Atallah, I.D. 401363072 – Case 4700/10, age 14

Muhammad Rajib Albasheeti,  I.D. 401906912, Case 4704/10, age 15

 The prosecutor used in his arguments the incriminating evidence of prosecution witnesses [teenagers]. He maintained that everyone in fact had incriminated everyone else, and while being investigated related how they had taken part in three incidents during demonstrations and allegedly threw Molotov cocktails and stones at army Jeeps.

 The defence attorney counter-argued that the investigation of the teenagers was performed by a person who is not a youth investigator that is, he is not authorised to question minors, and certainly not at 02:00 and 04:00 in the morning. He argued that the statements were not made by the minors who told him that they do not admit what is ascribed to them. Moreover, he noted that none of the minors’ parents were allowed to be present during the interrogation, even though they were present at the Ma’aleh Edumim police station. For all those reasons, he asked to annul the statements and to release  the minors.

 The prosecutor reminded the court that the Youth Law does not apply in the Occupied Territories – only in Israel. He asked the judge to order the detention of the minors until the end of the proceedings.

 The judge acceded to the prosecutor’s request, and so the three boys will remain in custody until the end of proceedings, and will be brought before Justice Sharon Rivlin-Ahai on Monday, 29.11.10.

 The two other boys are accused of participating in a procession which had no permit and also of throwing stones at soldiers in A-Ram on 23.10.10. Both are aged 15.

 Muhammad Ibrahim Abed al Hamid Abu Maria, I.D. 860017136 – Case 4571/10.

In this case too, the prosecutor seeks to extend the remand of the youth until the end of proceedings, and stresses the danger he presents as a stone-thrower, despite his young age.

The defence requests an alternative to custody for the boy, because no one was injured and no damage to property was caused. When interrogated, the boy admitted to the accusation, said that he had made a mistake and added that when he told his parents at home that he’d thrown stones, his father hit him. His parents were in the courtroom and were willing to guarantee that the  boy would not repeat the offense. The Eid-el-Adha holyday was approaching, and he asked for the boy’s release.

 The judge’s decision: detention until the end of the judicial proceedings. Being a minor does not confer immunity to detention.

The case was scheduled for presentation to Justice Sharon Rivlin-Ahai on Monday, 29.11.10.

Jihad Yussuf Hassan Alkam, I.D. 854595626 – Case 4575/10

The judge decided to release him on bail of NIS 7000. Since the family is unable to pay such an amount, a meeting to discuss bail will be held on Sunday, 21.11.10.

  

Translation: Marganit W.

"I won't do it again; I want to study..."

Today we came to court because we wanted to follow the case of Ibrahim Abu Al-Arish (ID.859813420), a kid we know from Qalandiya Checkpoint, who was caught on camera there shaking the metal barrier of one of the lanes. He was charged with causing damage to military equipment and has been detained all this time because he cannot pay the high bail the court imposed on him.

Even though the arraignment hearing was set for today, there was no mention of his case and nobody could answer our questions concerning this detainee. [see earlier report: http://www.machsomwatch.org/en/ofer_thu_22_7_10_morning ]

We refer you also to Amira Hass's article on the rock throwing kids in

http://www.haaretz.com/print-edition/features/amira-hass-eight-palestinian-youths-and-the-crime-they-didn-t-commit-1.306641

Ramsy Aadel Ahmad Salah, ID. 943342691

Summation hearing

In answer to our question, the defense stated that the defendant is not a minor, but his trial takes place in this hall (No. 2 serving as juvenile court on Mondays) because he is about to be released today as a result of a plea bargain.

He is accused of "throwing rocks".  In March 2010 he threw rocks, in the company of others.

Justice Sharon Rivlin-Ahai: "The defendant is aware that he is charged with throwing rocks. He has two prior convictions of similar charges and there's a 12-months probation. The sides reached an agreement for extension of the probation and a monetary fine. There were some difficulties with the evidence. Obviously, the proposed penalty does not fit the repeated violations by the defendant."

The judge specified the arrangement:

1. The probation will be extended by two additional years.

2. A fine of 2000 shekels or two additional months in jail.

The jurists now all engage in mathematical calculations and reach the conclusion that the probation ends in 2013.

The judge concludes the hearing with a motherly advice to the defendant: "Let's be careful from now on. Stay away from rock throwers..." as if she herself acknowledges that it was not really his fault.

Arraignment hearing in Courtroom 2.

Maamoun Samih Adallah Harpush, ID. 854677747, 15 years old, from the village of Harbata.

His mother and sister sit behind us. The mother converses with the son, while the beautiful sister, a spitting image of her younger brother, cannot hold back her tears.

Defense: Firas Sabah

Judge: Sharon Rivlin-Ahai

Charge: Throwing an incendiary object at Route 443

The prosecutor does not require the maximum penalty, arguing that "the court should note the young age of the defendant and the great distance of the thrown object..."

When asked by the judge if he wants to add anything, the youth replies: "I won't do it again; I want to study..."

Judge: "The court takes into consideration the fact that there is no prior record, the young age of the defendant and the great distance which precluded any danger to the passengers (the target of the ‘incendiary object') as well as a promise not to repeat the offense..."

Sentence: 12 months in jail starting with the day of arrest plus 15 months probation, plus 3000 shekel fine or three months in jail.

Samih's father, who sits behind us, reckons his son will be released in two months.

Bilal Ayiub Abd Al-Rahman Hamed, ID. 944814227, 27 years old, from Ramallah.

Charged with holding and trading in military materiel.

Judge: Captain Zvi Heilbronn

Defense: Atty. Samara

Bilal has been in detention for a year. The next hearing has been set for 16.8.10.

Defense: This is a complicated case..." He requests postponement until after Ramadan. The judge notes that due to heavy case load the trial may not take place before October. The defense concurs. The defendant, however, insists on the original date. The attorney, who apparently is uncomfortable working during the period of fast, is adamant about the postponement, whereupon the defendant demands to change his defense and contacts another attorney who happens to be in court on another business.

Judge to Defense: He's been in detention for a year. We need to advance this case." And to the defendant he says, "The case is in its final stage. At this point, until another attorney is contracted, I do not release Atty. Samara from representing you."

Atty. Samara, who was not keen on coming to court during Ramadan now says, "I'll be here on the 16^th (the original date). A hearing is set for the original date when the defendant will name his attorney.

Defendant: Issa Amru, ID. 905708327 - investigative reporter, photographer.

Charge: attacking a civil servant.

Issa was arrested on 6.8.10 when he documented a settlers' attack on a Palestinian family in retaliation for the evacuation of an illegal outpost a few days earlier.

The defense asks to release him while the police representative moves for remand extension.

Defense: Atty. Gaby Lasky, later replaced by Nery Ramati

Representative of Israeli Police: Investigator Amitai Amosi

The hearing was set for 10:00. Atty. Lasky was there at the appointed hour. The police rep did not show up and the defendant was not brought from the Russian Compound.

At 12:00 the police investigator arrived, blaming his delay on "technical circumstances" and Issa's absence on the GSS.

Prior to the judge's entry (Courtroom 5) we overheard the investigator tell the defense that "(Issa) has a lobby, that's why they even hear his case... You know that not all Palestinians receive such treatment. They could have kept him in detention and he would not have his day in court. 

Atty. Lasky objected to holding a remand extension hearing without her client's presence, claiming that such a procedure is illegal. The police investigator requested time to ascertain the whereabouts of the detainee and update the court on when he can be brought in.

The judge declared a thirty minutes recess.

We left the premises. The rest of the report is culled from the protocol given us by Atty. Lasky and from information obtained by phone from B'Tzelem representative, Noam, who attended the entire session:

At 15:39 the defendant arrived and the hearing resumed. The investigator requested remand extension to pursue the investigation, stressing that "the case involves a violent clash between Jewish and Palestinian residents... the defendant did not just attend the event but took active part in the hostilities. There was much endangerment in a sensitive area..."

The defense wanted to present a video recording of the event made by the defendant and later taken away by the police, but the investigator objected.

From Issa's testimony: "... I called the police... settlers broke into Arabs' home and beat up six children and two foreigners. My job is to photograph... I was helping the law and in the interest of justice, I recorded the hostilities..."

Judge: "Before signing on my decision I'd like to state that due to the defendant's conduct during the event, I order him barred from Hill 18 (the site of the incident) and from other areas of friction."

He ordered the defendant released under these conditions:

1. Deposit of 5000 shekels.

2. Third party guarantee of 5000 shekels.

3. Removal from the area for ten days, as mentioned above. Violation of this restriction will result in arrest.

Since the decision was handed down in the afternoon, the money had to be paid in cash. Apparently, the justice system is not familiar with checks or credit cards. By the time Issa was able to acquire the money and rush to the post office, it was closed.

Noam had to return the next day and Issa was forced to spend another night at the Russian Compound [police detention center]. The next day the money was deposited, but no vehicle could be found in the Russian Compound to drive Issa to the Territories and once more his release was postponed.

At 5:00 p.m., when a police car was finally located, Issa was driven from Jerusalem to the Ramallah area. He had to make his way to his home in Hebron by himself.

The judge also stipulated "750 shekels to be awarded the defense attorney - from local area funds - as compensation for time wasted due to police mishandling of the case."

Small consolation...

Translation: Marganit W.

What does a Jewish Judge know about childhood in Qalandiya Refugee Camp?

Whenever I go to the military court I fear I might recognize one of the defendants. This happened today as I entered Courtroom 7. I froze when I saw the face of the smallest child I had ever seen on the defendants' bench. None of his relatives was present: there was no one to support him or send him encouraging looks. I tried for a long time to get his attention, for his face to register some recognition. Eventually, he nodded but did not smile. He looked a bit detached, as if only his body was present there, looking even smaller than his usual self. He has the face of a child, the body of child, but since he is Palestinian, at his age he is no longer a minor and considered mature enough to stand trial.

Ibrahim Abu-Al Ala'ish - ID. 859813420. He is one of those kids always seen in the background at Qalandiya checkpoint. Like the barbed wire fences, the walls, the blaring loudspeakers on the watchtowers, the children of the camp are always there, trailing the passengers, trying to sell their meager merchandise, clean car windows with a filthy rag or begging, "Can you spare a shekel..."

These are "Aya's children", although in fact it is the other way around, she is "Aya of the children."

As I walked in, Justice Moshe Levi announced, "Indictment has been submitted for sabotage to an army installation: there was damage to a barrier, an iron rod, belonging to the security forces."

In other words, Ibrahim was caught shaking a metal bar, a traffic barrier in front of the checkpoint.

The defense moved to release the boy: "The defendant did not cause any damage. The children were playing at the Qalandiya Checkpoint: it was just a game, and there was no damage to the rail."

The prosecution made the release contingent on a 3000-shekel fine and other conditions.

Defense: "In view of the family's economic situation, the circumstances of the offense and the minimal damage, a 100-shekel fine should suffice."

The Judge's Decision: "there is a prior conviction for rock throwing from 2009. Upon examining the file... it is indeed a case of children playing rather than willful intention to damage IDF installation. After consideration I order the defendant released on three conditions:

1. 750-shekel fine.

2. "Self bail" for 2000 shekels.

3. Third party bail for 3000 shekels.

Arraignment hearing was set for 9.8.10 in Justice Sharon Rivlin-Ahai's court.

From the little I know about Ibrahim's family's situation and their background, it is clear that the conditions will not be met and he will not be released from detention any time soon.

2.Courtroom 3

When I go with the kids to the zoo, I give animals a carrot. Here (the state? The court?) there is no carrot, only kicks. You know what a kick is?

Ibrahim Rashid Hassin Alakel, ID 989681309, resident of Tohana near Hebron, married to an Israeli woman and father of four.

Ibrahim is prevented from living with his wife and children by the law that governs citizenships, and since he is not yet 35 years old (he is 33) his request for temporary resident status, which will allow the family to unite, is not yet under review. When he tried to pass through Hussan Checkpoint to visit his family, he was apprehended, charged and sentenced for 15 days in jail, plus 3-year probation.

"The probation clause is the worst," he says.

His attorney, Naim Abu-Yakub appealed the verdict and offered a plea bargain, whereby the probation would be reduced to two years (until Ibrahim turns 35) and the jail time would be reduced to 14 days.

Defense: He has no record. I reiterate the reasons for the appeal: there are special circumstances in this case that call for mitigation. These circumstances have to do with the unification of the family and with his relation to his wife. Hence, I move to reduce the terms of probation.

When the defense had rested its case, after requesting that the court's decision allow Ibrahim to appeal to the DCO for family unification in 2 years, the judge concluded: "Decision will be handed down later today."

Ibrahim waited outside the court, in the enclosure, until 3 PM. Only then did he hear from his attorney that the judge postponed his decision to Sunday.

Translation: Marganit W.

Most of the hearings we attended dealt with remand extensions. There were dozens of  "Days Detainees". This was true also of Courtrooms 1 and 2, presided by judges who don't normally deal with remand extensions (such as Justices Dahan and Zvi Lekach). Perhaps they were drafted because of Tisha B'Av...

As in several other cases we observed lately, we noticed a large number of detainees on trial for offenses committed a long time ago. Some of them have been released on bail for many months. We had the impression that a general cleaning of the cabinets was taking place.

We report on the indictment of 8 young boys whose hearing we reported last time (See report on 13.7.10). They were arrested 20 months ago, and in last week's hearing, they were all released on bail, after the prosecution had withdrawn the allegations.  Attorney Mahmud Hasan from Addameer organization confirmed to us that indeed the prosecution had summoned 3 witnesses - an investigator from Hebron police and two soldiers, and they testified that the boys were involved in rock throwing: on 30.10.08 or thereabout, rock hurling at a moving vehicle with an intent to harm the driver or the passengers. To wit: on the above date, in Al-Arub area, on the crossroads of Route 60 and the driveway to the Al-Arub school, or somewhere nearby, the accused [they all had identical charge sheets] and the others threw rocks from 20 meters away at Israeli cars driving on Route 60, with the intent of harming the cars or their passengers.

So says the indictment. The witnesses, all soldiers of the most moral army in the world, testified before the court, which did not accuse them of lying but did not accept their testimony either.

The trial of Ubai Al Abudi was, again, an "arraignment" hearing. The attorney explained to the court that he was in the process of negotiating a plea bargain with the prosecution and that an agreement was likely to result. He told us that the likely punishment would be 20-month probation. If his client is acquitted, fine, but, if he's indicted, the probation will take effect, plus additonal penalty, so it was better not risk it. The agreement requires the consent of the accused and his family, but our impression was that they would consent.

During the other trials we observed, detainees kept coming and going, security guards and attorneys walked in and out, examining  cases, checking lists, exchanging words with the prosecution; women soldiers brought in new files, detainees' families entered and exited, sometimes within 5 minutes; we heard snippets of the interpreter's words, and the clichés the judge dictated to the typist: "I examined, decision, rejection." Most of the time was spent leafing through calendars and setting future hearings - before Ramadan, after Ramadan, during Ramadan.

Translation: Marganit W.

This time we were able to go in without a hitch with the kind help of Hamdan (the communications officer, who told us proudly that he had been promoted).

10:30 - Most of the courtrooms did not post dockets. In Courtroom 4 there was a list, so we walked in and stayed there until lunch break.

Judge: Captain Zvi Heilbronn

Prosecutor: Ashhar

We attended the hearing of 14 Palestinian detainees, 11 of whom had been released on bail. Perhaps it was an unusual day, or a week, when the court found time to dispose of old cases - some a year or two old. Apparently, despite the security risk involved, the accused had been released with restrictions (report to the police, deposits and guarantees). Hava Halevi's report from yesterday (12.7.10) mentions detainees on bail whose charges the prosecution was unable to prove for 22 months, eventually rescinding the allegations. Perhaps this week there were fewer raids on Palestinian homes in the territories, so fewer suspects got embroiled in the judicial system of interrogations and prosecutions, freeing the courts from some of the backlog. This is mere speculation on our part. The truth is, we don't really understand the workings of the courts.

Uda Abd Alaziz Yussuf Abu Dahak - Case No.1042/10, released on bail.

The attorney (unfamiliar to me) requests a deferment. He has not had time to reach an agreement with the prosecution.

Arraignment set for Monday 21.9.10.

Ali Muhammad Ali Mashahara - Case No. 4466/09, released on bail.

Accused of using false documents.

Hearing set for ???

Ali Mahmud Yussuf Abu Hashem - Case No. 2231/10.

Attorney Abu Omar requests a deferment to allow him time to confer with the prosecution. Arraignment set for 9.8.10.

Issa Muhammad Ahmad Anbawi - Case No.4333/10. ID 313702185.

Attorney Alaraj says he is missing some data and requests a deferment. The judge comments that the accused has been in custody for a long time.

Session for arguments for penalty is set for 2.8.10.

Luai Mussa ? Harbawi - Case No.4153/09, released on bail.

Accused of using fake documents.

Hearing postponed to 16.8.10.

Yihiya Ahmad Othman Aata - Case No. 4503/08

In custody for two years. He is represented by Atty. Alaraj.

Sentencing hearing is set for 9.8.10.

Ahmad Abed Alhakim Fareed Shehada - Case No. 5962/07, released on bail.

A boy of about 17 years who looks younger, represented by Ahlam Hadad.

About 3 years ago he was arrested for throwing rocks and admitted his guilt. Despite his admission, his attorney is trying to prove his innocence.

An evidentiary hearing with prosecution witnesses is set for 14.9.10.

Awad Zein Muhammad Mahmra - Case No. 5026/08, released on bail.

He is charged with a long list of traffic violations committed in 2008. He allegedly changed an Israeli license plate to a Palestinian one and drove an unregistered vehicle with an expired license. The accused accepted all the charges, and in a plea bargain between defense and prosecution, which was approved by the court, he was sentenced to 3 months probation for one year, plus a 550-shekel fine to be subtracted from the sum he deposited as bail.

Two men and three women from the village of Abu Salah, released on bail, now face the court, all deny the allegations brought against them. Apparently, the charges are for assault and for interfering with military operation during a demonstration against the separation fence in their village.

They are represented by Atty. Akram Samara. It appears that one or two additional men belong to this group of accused. All these cases will be heard on 20.9.10, on which day 8 prosecution witnesses will testify.