Jerusalem

Jerusalem, Mon, 9.1.12, Morning

Report date: 
09/01/2012
Shift: 
Morning
Observers: 
Tova Szeintukh, Roni Hammermann (reporting)
Content: 

Russian Compound

Judge: Shmuel Fleishman

Police interrogator: Moshe Levi

Lawyers:  Ma'amun Hashin and Abu Ahmed Munzer

Suspects:

Ahmed Razek Mahmud Issa, ID 85197732   

Muhammad Saleh Muhammad Bader, ID 852478940, prohibited from meeting a lawyer.

 The remand extension hearing of today exemplified again what it means for Palestinian civilians to be judged by a military Court. The former IDF military advocate General Avichai Mandelblit expressed recently his conviction that it was wrong that a military court should judge civilians. He, of course, referred to the settlers, while completely ignoring the fact that in the reality of the occupation, for years and years Palestinian civilians are being judged by military courts.

 An Israeli military judge can not be entirely neutral towards a Palestinian civilian, whom, in his capacity of an Israeli officer, he regards as belonging to a hostile population. The language of the court is Hebrew, which is not understood by the majority of the suspects, and the translation is done by a IDF soldier, who was trained briefly in court language, and whose competence is questionable. There are no relatives of the suspects in the court room who could give the suspects some reassurance, because the Russian Compound is located in the middle of Jerusalem, and Palestinians from the West Bank cannot get a permit to enter Jerusalem. 

 Suspect Bader was serving a 2 year sentence and was arrested from prison on 28.12.11 and charged with membership in an unlawful association. Since the morning of 9.1.12 he is prohibited by the General Secret Service from seeing his lawyer. He stands alone, without legal protection, in front of a hostile police investigator, while the judge who has insight into the confidential material attempts to separate the fighting sides: the police interrogator, who does not want to release information and the defence lawyer, who tries desperately, like a blind man, to find nevertheless his way and to detect some small pieces of information. The contest between them is conducted in high tones and loud voices and by and by the courtroom turns into a market place. The police asks for 15 days of remand extension. The judge agrees to 12 days.

 But also in the case of the suspect who is allowed to see his lawyer, a great deal of information of the interrogation is hidden in the files that contain confidential material, so that the defence lawyer has to feel his way through the labyrinth of the case of his client. The relevant information is usually to be found in the "secret file".  

Advocate Ma'amun Hashin exclaimed after an unsuccessful attempt to find out if his client was on hunger-strike: "my hands are bound like the hands of my client".

 Suspect Ahmed Issa was arrested on 5.12.11 and has, after 5 remand extensions and countless interrogations, not confessed. He is suspected of dealing with arms. The police cannot provide evidence, but asks for another 15 days of remand extension. The judge agreed to 12 days.

 The impression of the observer is that the Palestinians have no real chance in the military court to achieve justice. This impression is corroborated by findings of a Yesh Din report from 2007, that only 0.3% of the defendants were found to be entirely not guilty.

 

  

Jerusalem, Mon, 28.11.11, Morning

Report date: 
28/11/2011
Shift: 
Morning
Observers: 
Roni Hammermann, Tova Szeintuch (reporting)
Content: 

 

Translation: Diana Rubanenko

Russian Compound 

Judge:  Col. Dahan

Police investigator: Moshe Levy

Defence Attorney: Attorney Maamoun Hashim

 There are three cases in the docket.

 

Wassim Nadal Suleiman Asaid – ID 850474669,resident of Hebron 

The police seek a remand extension of 12 days. The suspect was arrested on 9.11.11. This is his second remand extension. 

The charges: activity against regional security, membership in a hostile organization, conspiring to commit a crime. 

In his opening statement, the police investigator recites familiar sentences …it transpires from the investigation material that the interrogation of the suspect is at its peak… 

Defence Attorney Hashim does not take this sentence as a given, and in the three charges in which he represents the detainee, he asks stringent questions, and persistently asks the police investigator, who consistently gives the same answer: “I refer you to the confidential report; sum up, Maamoun, you’ve already asked that question...”. 

Justice Dahan attempted to add information that didn’t really add anything. 

As a result of what he learned from the discussion between the parties, Justice Dahan requested that it be noted in the minutes that he requests the various relevant factors to allow the detainee to meet his attorney before his remand is extended - so that the attorney can learn more about the state of the investigation of the detainee whom he represents, 

The meeting will be held before the remand extension hearings. It will contribute to the deliberations over the extension, and will be beneficial in the sense that the attorney will ask the investigator fewer questions and can get relevant information from the detainee. 

The investigator explained that this is problematic, if the detainee is under interrogation at the same time, or if he is barred from meeting an attorney, or … 

Another subject that recurred throughout all the deliberations was that the defence attorney wanted to know “How many” interrogation activities are still needed. 

The investigator explained that he was poor in mathematics, and didn’t study statistics at university. He doesn’t like quantifying, because it’s incorrect.

The judge read the file, and on the basis of the grave suspicions he saw there, ordered another 8 days of investigations.

 

Ahmed Khadr al – Fattah Abu Maria, from Beit Ummar, ID988047163

Arrested on 19.10.11. 

Charges: Activity against regional security, membership in a hostile organization (Hamas).

 

The police requests another 11 days for the investigation. 

The first two cases are related: Abu Maria passed an explosive belt to Wassim. Both of them denied the charge. 

Decisive questions were answered by… “I refer you to the confidential file”. 

The defence attorney persisted:  how come this is the fourth remand extension, yet still no progress has been made! 

The Judge's decision: another 8 days. 

 

Iham Said Abed al Jalil Jarba’a – resident of Bitin, near Nablus  

ID 852344373

The investigator requested another 18 days. 

The suspect was arrested on 21.11.11. 

Charges: Activity against regional security, membership in a hostile organization 

This is his first remand extension but it is the second arrest for an offence for which he was already tried and released less than a year ago, due to lack of evidence. 

Now he is being investigated again. He is a student of business administration at the university of Bir Zeit. 

The detainee said that he had undergone interrogations for many hours consecutively, and that he was not allowed enough sleep. 

The judge extended his remand by another 15 days and noted in the minutes that the detainee should receive the appropriate hours of rest.

 

  

Jerusalem, Mon, 31.10.11, Morning

Report date: 
31/10/2011
Shift: 
Morning
Observers: 
Roni Hammermann, Hagit Shlonsky (reporting)
Content: 

 

Translation: Diana Rubanenko

Russian Compound

Judge:  Dov Gilad

Police investigator: Oshri

 

This morning only one detainee was brought for extension of his remand.

He has been detained since 24.10.11 and was now brought before a judge for the first time. He maintains that he has been detained for eight days and was only taken out of his cell once, to complete the investigation.

The detainee Murad Jabari, 31, is a fruit and vegetable vendor, from Hebron.

He does not have an attorney. According to the judge, the police claim that his family was told that he was detained, but the family did not appoint an attorney for him.

The judge allows the detainee to speak at length, and ascribes his ‘generosity’ to the fact that the detainee has no defence attorney (we wonder whether the judge would be so warm-hearted if we weren’t present in court – would he have made excuses for the court minutes?). The detainee’s statement was translated patiently and meticulously by the interpreter, and recorded by the stenographer. We did not hear the police investigator at all, he may have spoken before we came into the courtroom.  He requested a remand extension of 8 days.

 

From the detainee’s statement, we learned that he is suspected, while trading in fruit and vegetables, of dealing in firearms - hand-grenades. He maintains that he has nothing to do with the charges, and is willing to help the investigators…that Israel is a law-abiding nation, and that he wants to be released before the upcoming holyday (Id al Adha) to be with his family. He relates that he was detained in the past and was finally released in 2003…for years he possessed a permit to enter Israel, even when closures were in force … criminals had got him into jail, for a secret case…

 

The judge’s decision: “After examining the investigation material..and reading the suspect’s  admission and that of another detainee… the suspicion is reasonable, and the investigation should continue for further 8 days - until 7.11.11.

The family must be contacted to arrange an attorney for him.”

 

Before he was removed from the court, the detainee asked to appear again before a judge on the coming Thursday (the usual day for remand extensions).

The judge says “I will not intervene in this”. We have heard this sentence for years in different contexts, from many judges who preside over courts of detention conducted in the military court in the detention centre. They have a defined and restricted role in a permanent ceremony, and it’s rare for any of them to try and direct events – or even to influence the process that’s determined by the detention-centre authorities. Most of the judges whom we encounter at the Russian Compound Court – though not all of them – make a point of refraining from taking any initiative.

  

Jerusalem, Mon, 24.10.11, Morning

Report date: 
24/10/2011
Shift: 
Morning
Observers: 
Roni Hammermann, Tova Szeintuch (reporting)
Content: 

 

 

Translation: Diana Rubanenko

Russian Compound

Judge: Col. Dahan

Police investigators: Shoshani, Hafif, Yitzhak Weizmann, and an investigator who declined to give his name

Defence Attorney: Maamoun Hashim 

There were four cases in the docket: 

Balal Abed Ouda Alla Bel – ID 946905924

Ali Muhammad Ibrahim Alian – ID 859829426

Muhammad Gazi Salame – ID 852275486

Kamel Salim Suleiman Suarka – ID 904086634

 There was no interpreter in the court today, and no stenographer. Justice Dahan assumed both those roles; he keyboarded and also translated the proceedings in a detailed way to the detainee.

 It was the same court as always, the “actors” were the same (investigators, defence attorneys, detainees…), but there was a difference: the approach of Justice Dahan. He treated the detainees like human beings, entitled to correct and detailed explanations and updates. He related straightforwardly and respectfully to all parties.

 When we reached the court, the discussions regarding the first  detainee, who was in civilian clothes, were underway.

 His remand was extended for another 48 hours. The judge also ordered that the evidentiary material be photocopied and given to the defence attorney by the following day, so that he could present his arguments on 26.10.11. He also advised Attorney Hashim to be prepared for a hearing at Ofer concerning an alternative to detention, the sum of money to be deposited, where the detainee would be, and where he works. 

On the other hand, the judge told the investigator that there are no grounds for the detention if the only reason is transferring the case to the prosecution.

 

Balal Abed Ouda Alla Bel – ID 946905924

Justice Dahan explained to the detainee what is happening in court – in Arabic, since that is the detainee’s language.

The parties reached agreement: the case will be transferred to the prosecution on 27.10.11.

 

Muhammad Gazi Salame – ID 852275486

Police Investigator: Yizchak Weizmann

Before the proceedings began, Justice Dahan explained to us that the case is about a minor, and said that he would decide to allow our presence in court only if the minor was interested in it. The minor is accused of throwing stones. The investigator accompanying him refused to disclose his name. Not even for sake of public of holding a public hearing. He explained to us that since he is investigating a minor, there’s no need to give his name… 

The minor was not interested in our presence.

 

Kamel Salim Suleiman Suarka – ID 904086634

Police Investigator: Yitzhak Weizmann. 

Charge: murder of a policeman in 2009. 

The detainee has been interrogated by the police and the GSS for 37 days and has still not confessed. Investigator Weizmann says that the investigation is proceeding according to a plan which includes cross-linking of information in order to reach the truth. 

The detainee is a Bedouin farmer who owns 100 dunams of land. 

I do not describe the riveting hearing in detail, because I’m not sure about all the details, and prefer not to report inaccurately. 

The judge’s interim decision ordered the police to perform a certain examination (that the defence attorney is barred from hearing about, and we too - of course) until the afternoon of the following day. 

He will read the thick investigation file and the minutes of the previous remand extensions (this is the fourth) and then, after receiving all the results of the examination he requested, will give his final decision.

  

Jerusalem, Mon, 26.9.11, Morning

Report date: 
26/09/2011
Shift: 
Morning
Observers: 
Roni Hammermann, Tova Szeintuch (reporting)
Content: 

 

Translation: Diana Rubanenko

Russian Compound

Judge: Yair Nahorai

Police investigator: Nissim  Argaman

Defence Attorneys: Ma’amoun Hashim, Firas Sabah, Fahmi Shkirat

9 cases in the docket.

 

Justice Nahorai tried to mediate between the defence attorneys and the investigator, so as to reach agreement before the proceedings began.

Today too, like last week, it was not easy to obtain the list of names whose cases would be heard that day. Instead of two lists - the usual number - there was only one list – it was of course in great demand, and we were only able to take a glance at it.

Detainees were brought in and out quickly, without being identified, we had no way of knowing which case was being discussed between the judge, the investigator, and the defence attorney.

The judge insisted on not allowing the police investigator to add more investigation days “than necessary”. Alas – this week the Investigations Department will be closed for five days on the Rosh Hashana holiday, so most of the remand extensions would be 9 days.

The investigator asked for extensions ranging from 9 to 22 days. The 22 days (the first extension) was ultimately reduced to 15 days.

We could not be sure who was brought in, or how many days extension the judge decided on.

The judge argued with the investigator about the need for the extensions.

The decision that Justice Nahorai wrote in most of the minutes (in my own words):

“…after great hesitation and after I was told that the Investigations Department will be closed during the holidays and investigations cannot be performed, I grant an extension of 11 days, though otherwise I would have ruled not more than 4 days…” 

Jerusalem, Mon, 19.9.11, Morning

Report date: 
19/09/2011
Shift: 
Morning
Observers: 
Roni Hammermann, Tova Szeintuch (reporting)
Content: 

Translation: Diana Rubanenko

Russian Compound

Judge: Lt.-Col. Shalom Dahan

Defence Attorneys: Firas Sabah, Fahmi Shkirat, Ahmed Saffiya

Police Investigators: Afif Mahmoud, Ronny Vadror

 

We waited half an hour for the amiable policewoman who always checks us to arrive.

While we waited, many uniformed people walked past us. One of the police officers stopped and asked who we were. “Are you from the organization for the defence of the murderers?"  This is the image of an Arab for a uniformed individual on duty – a murderer.

At 10:30 we went through the body-check and were accompanied into the courtroom. We entered while Justice Dahan was writing his summary in the minutes. Three investigators were seated in the court. One asked us right away: “Did you visit Gilad Shalit?” I answered, apparently not in a low voice. I asked an investigator (who was new to me) for a list of the cases to be heard. He had hidden the list under the files in front of him; when I tried to answer, the judge called me to order for disturbing. If I had a problem he said, I should turn to him…

When he had finished reading his summing-up, I spoke to the investigator again. Justice Dahan explained to him that it is in order to give us the list so we can copy it. The investigator said he would photocopy it and give it to us. I had my doubts about this, but there was no choice.

We received the photocopied list, from which the ID numbers of several suspects had been deleted with correcting fluid. We could not identify which one was the subject of the discussions – and could do so only in the final session that we observed.

Six cases were in the docket. Four of them had the same surname – Aliyan.

We observed the proceedings regarding three detainees. All three were represented by Attorneys Saffiya and Shkirat.

 Two of the detainees are aged 17.5 and the third is 21. The three appeared in court without a guard, and without handcuffs. When we first arrived in the court, we saw them talking with their attorneys in the corridors near the courtroom.

The three are charged with participating in demonstrations, throwing stones and bottles (not Molotov cocktails, as the judge made clear with the investigator’s help, but a bottle like, “Let’s say, Coca Cola”) and with activities against regional security.

The two aged 17.5 are from Bethlehem and Anata; they received, following consent of both sides, an 8-day extension. Their files will betransferred to the prosecution “unless other reasons come to light justifying a change in the agreement”.

As for the third detainee – Handa Muammed Aliyan, 21 – agreement was not reached. The defence attorney put questions to the investigator, among them: “Was the detainee arrested on the basis of incriminations?” The reply: “Yes, he was arrested three weeks after the incident, as the result of incrimination or intelligence material”.

Three statements were taken from the detainee by three different investigators, one of them – whom the detainee identified as Mussa (probably Moshe) took his statement using violence.

The judge noted the incident in the minutes, to the obvious annoyance of the investigator, who was present during the proceedings.

The detainee is suspected of a “very grave act which miraculously did not harm anyone” and also of throwing stones and of activity against regional security.

His remand was extended by additional 4 days.

                         

Jerusalem, Mon, 12.9.11, Morning

Report date: 
12/09/2011
Shift: 
Morning
Observers: 
Roni Hammermann, Tova Szeintuch (reporting)
Content: 

 

Translation: Diana Rubanenko

Russian Compound 

Judge: Avri Einhorn

Police Investigator: Omri……

 Attorneys: Ma’amoun Hashim, Firas Sabah, Fahmi Shkirat

                      There were 7 cases in the docket, in 6 of which of suspects banned from meeting an attorney.

 

Ibrahim Kada Muhammad Darawi – I.D. 852802671

Defence Attorney: Fahmi Shkirat

 Charge: Activity against regional security. The police requests another 15 days. A ping-pong of questions and answers took place between the defence attorney and the police representative. The police officer’s answer to all the questions asked was the usual: “I refer you to the confidential material”.

For example:

Q. “Is the detainee a member of a specific organization?”

A. “I can’t answer that.”

Q. “Has the suspect linked himself to military activity?”

A. “Can’t answer that.”

The defence attorney sought the court’s intervention, and the court instructed the investigator to “answer the defence attorney’s question”.

 A. “Partially”.

The defence attorney then asked “Partially yes, or partially no?”

Assisted by the judge, the investigator answered “Yes, partially”.

After the summing up, the investigator asked us to leave the court before the detainee was brought in for questioning, without the presence of an attorney and other people. We presented the recommendation of the preliminary injunction of the Supreme Court, asking judges to consider our remaining in the court for hearings, to grant a public character to the deliberations. Mr. Einhorn, the judge, read the recommendation attentively and pointed out that even the families were not present in the court. The investigator explained that not all the families have the option of entering Jerusalem. Since the preliminary injunction does not state specifically that the judge is obliged to keep us in court as “the eyes of the public”, he decided that he did not agree for us to remain. We asked for it to appear in the minutes that he refused to have us present in court.

 The judge’s decision: 15 additional days of remand.

 

Hassin Ali Hassan Kawasme – ID 933405375

The detainee is banned from meeting an attorney; this is the third request to extend his remand.

 The defence attorney: Ma’amoun Hashim

 Kawasme has been detained since 9.8.11.

The charge: Murder, in the Jerusalem central bus station.

 The police seek another 15 days remand.

In this case too, the defence attorney tried to obtain information about the need for a further extension, about the hours of investigation, and the health of the suspect. The answers were identical. The defence attorney’s persistence irritated the judge.

In his summing-up, Ma’amoun Hashim stated his surprise that the GSS  published in its press release that “a a terror unit had been captured", incuding information withheld from the suspect’s defence attorney. On one hand, there is a gag order, yet on the other hand confidential material is published in the press.

After the defence attorney finished presenting his summation, we were asked to leave. The judge informed us that a note concerning his refusal for us to be present in the part of the questioning of the detainee at which the defence attorney is not present, would appear in the minutes.

We left the Russian Compound. It has been two months since we were last in this court… and absolutely nothing has changed. 

Jerusalem, Mon, 6.6.11, Morning

Report date: 
06/06/2011
Shift: 
Morning
Observers: 
Roni Hammermann, Tova Szeintuch (reporting)
Content: 

Translation: Diana Rubanenko

Russian Compound

 

Judge: Shmuel Fleischmann

Police Investigator:  Fares Jabar

 

Advocate Anan Odeh represented the detainees in the two hearings which took place today.           

 

There are 2 cases in the docket, one of a person barred from meeting an attorney.

 

Farras Nasser Sabti Barghouti, I.D. 904010264

 

Last week the detainee was prevented from meeting his attorney. From the judge’s summary we understood that the detainee asked to complain about the way he was interrogated. The detainee submitted a written complaint (by means of his lawyer). The judge referred to that letter, in which he claimed that he was not given time to rest, and was hit during the interrogation.

He was barred from meeting an attorney until Thursday. His attorney,Maamoun Hashim, met him once the bar was lifted.

 

Following the questions of Atty Odeh, Judge Fleishman informed him that an answer to the complaint had arrived. He read and signed it.

 

The police requests another 19 days of detention to continue the investigation.

 

The detainee is suspected of the following felonies: activity against regional security, membership in a hostile organisation and combat materiel (unclear whether for trading or possession).

 

As always, there was an exchange of questions and answers between the defence attorney and the police investigator. Today the answers were slightly more detailed, but mostly longer, and the summary was as always: 'it's in the confidential report'.

 

For example:

Question: Activity against regional security, clarify what activity.

 Answer: Activity endangering regional security. I cannot provide the details at the moment, the material is in the confidential report.

Question: What does he admit to?

Answer: Membership and activity.

Question: Does he admit?

Answer: Partially, there are other directions in the investigation that we need to examine in order to reach the truth.

Question: What do you intend to do next?

Answer: Several more interrogation actions, to examine the suspicions that we have against him. There are other suspects connected to the same offences. Contradictions have arisen in the suspects’ versions. We have to examine what is the correct version.

 

Judge Fleishman read to the defence attorney the timetable of the conducted interrogations after the detainee submitted his complaint letter. He said that the timetable in fact seems reasonable to him. In the middle of one day of interrogation, there was even a visit by members of the Red Cross.

 

The defence attorney summed up and argued that 45 days of interrogation is certainly a substantial period for an investigation. Nevertheless, the police still want 19 more days. During part of the interrogation period, the detainee had been barred from meeting an attorney. He requested to reduce the number of investigation days, and if possible, to transfer the case to the prosecution.

 

The judge’s summation:

 

The matter of the suspect’s detention has been discussed twice (at the detainee’s request) in the military Court of Appeal. His arguments were rejected. The investigation is very complex, and each time that the suspect is interrogated, the investigators discover new suspicions. Moreover (the judge cites a paragraph in the confidential report), there are grounds for the suspicion that the detainee is concealing things.

 

He also notes that he received a detailed explanation regarding the suspect’s complaints about being hit.

 

Nevertheless: this is a matter of a suspect detained since 18.4.11 His continued detention and interrogation is necessary.

 

He extends detention by a further 11 days, for the purposes of the investigation.

 

Sam Odeh Rantissi, ID 978392371

 

The suspect is prevented from meeting his attorney from today, for another 4 days.

 

The police investigator requested 15 more days. The suspicions: membership [in an illegal organisation] and activity against regional security. The defence attorney requested details. The investigator replied: I can't give you any.

 

The suspect was arrested on 22.5.11. For part of the time he has not been allowed to meet an attorney. He admits to the suspicions 'in a very partial way'.

 

He was incriminated by people, some of whom are under investigation.

 

The suspicions "are very serious, a question of general and also specific activity that I cannot specify' - from investigator’s reply to questions by the defence attorney’s representative.

 

We were removed from the court [seen that the detainee was barred] and the suspect was then brought in. 

Jerusalem, Mon, 30.5.11, Morning

Report date: 
30/05/2011
Shift: 
Morning
Observers: 
Roni Hammerman, Tova Szeintuch (reporting)
Content: 

Translation: Marganit W.

Russian  Compound

Judge: Shmuel Fleischmann

Police Investigator: Bashir Amar

Defense: Leah Tzemel, Maamoun Hashim, Iyad Misk

 

There are 3 cases in the docket. All the detainees are barred from meeting with an attorney.

We were given to understand that the three cases were based on mutual incriminations.

 

Faras Nasser Subati Bargouti – ID No. 90401061, represented by Atty. Maamoun Hashim.

Raed Samir Habib Halabi, ID No. 039528419, represented by Atty. Iyad Misak

Nasser Adin Subati Isa Abu Hadir – ID No. 080010424, represented by Atty. Leah Tzemel.

 

We attended part of the discussion between Abu Hadir’s attorney and the police investigator.

The investigator requested remand extension for 15 days to complete the investigation.

Atty. Leah Tzemel explained the status and the position of the detainee: he was arrested on 15.4.11 and was kept in detention for about a month. On 13.5.11 his status was changed to administrative detention. Right before his release from administrative detention he was taken to the Russian Compound for interrogation under pretext of a security violation – membership in the Popular Front [for the Liberation of Palestine] and activity against the security of the state.

The defense wanted to know if the interrogator is familiar with the case and knows why the defendant is in detention. She received the standard answer: “It is all included in the secret file”. Unsatisfied with this reply Atty. Tzemel pressed the interrogator to say “Yes or No or I cannot answer”.

Leah Tzemel: You agree that not everything in the secret file is secret. It is no secret why he was interrogated. I represented him. I intend to show that the investigator was not truthful… I wish to expose the clause….

The investigator continued to refer to the “secret file”. The defense appealed to the judge: the investigator is under cross-examination and is obliged to answer, unless he can prove that his answer will damage the investigation. The judge, however, thought otherwise: he sided with the investigator, adding to the protocol phrases that, according to the defense, were not said by the investigator.

Atty. Tzemel tried to show that the police investigator is not familiar with the defendant’s previous investigation. For example, he does not know that the suspect was tested by polygraph and was found to be telling the truth when he said that he did not participate in military activity with others.

Another aspect that came up in the cross-examination was the interrogators’ authority: what authority does a police interrogator from Judea-Samaria have over a Jerusalem resident who lives in Jerusalem?

The answer is: there is an arrest order, which provides legal authorization for an interrogation of a suspect when the violations are believed to have been committed in Jerusalem.

At one point the judge asked the investigator to elaborate, but to no avail.

Atty. Tzemel stated that the GSS has no basis for the charges, so the case is trumped up.

She asked the investigator if it is possible that the case is made up. A shocked investigator immediately responded: The GSS is a principled and conscientious organization: it does not engage in such behavior.

In summation, the defense reiterated its doubt about AUTHORITY, which is a basic question in this case. She claimed that a military court has no authority to detain and interrogate her client based on rules that apply to residents of the Territories. Even the GSS legal counsel cannot claim otherwise.

Another fault she found in the case: Since the GSS realizes that remand extension is hard to obtain, it based its charges on incriminations tied to other violations, and it is not clear if any of the incriminators was set on…

Leah Tzemel moved to declare that the court has no authority in this case. If this is denied, she requests a limited number of hours or days for the investigation.

Judge’s decision: Having heard the suspect and the defense, and having examined the evidence in the file, he accepts the investigator’s request of 15 days remand extension.

 

 

 

 

 

  

Jerusalem, Mon, 16.5.11, Morning

Report date: 
16/05/2011
Shift: 
Morning
Observers: 
Roni Hammerman, Tova Szeintuch (reporting)
Content: 

Translation: Marganit W.

Magistrate Court

 

Following yesterday’s events [Naqba Day] we decided to go to the Magistrate court because many youngsters from the Jerusalem area had been arrested.

The line at the entrance was very long. Only two members of family of each detainee were  allowed to attend– this applied both to Jews and Arabs.

After going through screening, we looked for the remand extension court for those arrested yesterday and the day before.

Those hearings took place in two halls: Justice Feinberg’s and Justice Irit Cohen’s courts [on the first and third floors]. Many jurists and members of family crowded the entrance to Justice Feinberg’s court. We spoke to Atty. Adnan Odeh who told us, “You should have come Saturday night. Many detainees were brought in injured: broken arms, broken fingers, facial cuts and severe back pain from beatings with butts.

Atty. Odeh represented 25 detainees on Saturday, 8 yesterday and 10 today.

 

The first case was of a minor. From earlier visits to the compound we knew that when a case involves a Jewish minor, only people directly connected to the case are allowed in, whereas in hearings of Palestinian kids, the principle of ‘behind closed doors’ does not exist. Roni and I, as well as all the other visitors, were ordered to leave the room. We obeyed. The minor was brought in (together with the other detainees) without a blindfold, for all to see. The door to Justice Feinberg’s court remained open [The halls in this compound are small and hot]. Since the door was open, passers by could pop in and peek in unimpeded. Thus, the case of the boy from Mount of Olives was not accorded the discretion a juvenile deserves.

We ran into a young man from Isawwiya, waiting with his mother for the hearing in the case of two brothers arrested on Friday or Saturday. One of them, 34 years old, needed hospitalization at Hadassah Ein Karem because of blows to the head he had suffered. He was left unattended during the night. The younger brother suffers from a rare disease, and needs medication, which he gets from Sweden. The police told the brother that a police doctor had examined the patient and “everything is fine, he does not need medication from home.”

The young man and his mother are now waiting for the 2 brothers to be brought in for remand extension.

Between the first and third floor we saw the Public Defender on duty, Muhammad Una Bossi running up and down, as he represented many detainees. About 80 people expected to have their remand extended by Justice Feinberg. Only a fraction of them have private attorneys.

Since the rooms are so small, from time to time we were asked to leave, to make room for family members. We observed one case of a 20 year old from Mount of Olives, represented by Atty. Anwwar Abulafiya.

The defense pleaded for leniency for the detainee who is recovering from a car accident. He asked for his client to be released. The father offered to vouch for his son’s appearance when summoned before the court.

The defense pointed to his client’s bruised arm. The judge inspected it saying, “scars from the accident as well as “newer” bruises. The judge was not particularly moved by the blows the detainee had suffered, and extended the detention by 5 more days.

This is a security case involving an attack on police.

80 more detainees were scheduled for remand extensions.

We left the court.

 

  

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