Terror Attacks

Translation: Diana Rubanenko

Russian Compound

Judge: Asher Barak

Police investigator: Nissim Argaman

Defence Attorney: Maamoun Hashim, Firas Sabbah, Fahmi Shkirat

 

There were 7 cases of remand extension in the docket today.

We were present at the hearings of 3 of them, all of detainees barred from meeting with an attorney.

 

Two are from Awwarta [near the Itamar colony]. Their files were transferred here from the Petah Tikva Court.

 

All three cases (which we attended) were represented by Attorney Mamoun Hashim.

 

The two detainees from Awwarta were not represented by a lawyer, and the third - from Ar-Ram - was represented by an attorney who had requested a substitute. He is from Beersheva and was apparently appearing in another court.

 

Judge Barak refused to allow our presence during the stage of the hearing in which a barred [from meeting an attorney] detainee  appears.

 

Rais Jarrah Maruah Abdat, ID 850001033 - a resident of Awwarta [near the Jewish colony Itamar]

 

He was arrested on 16.3.11. This is his first remand extension. He was born in 1988.

 

The police investigator requests another 15 days to continue the investigation. The detainee has already given two police statements.

 

The defence attorney asks several questions. The investigator did not reply and only said "I refer you to the confidential report" when asked about the kind of suspicion his client was suspected of – did the suspect admit his guilt - and the evident question: is this connected to the murders committed in the Itamar colony, where 5 members of a family were murdered, children and adults. The defence attorney wanted to understand why the case had been transferred from Petah Tikva to Jerusalem, and whether the suspect had complained about the use of unlawful means used during his interrogation.

 

To all of these he answered “It’s in the confidential file”.

 

To sum up: the police does not waver from its request (15 days extension), and the defence objects to the extension because there are no grounds.

 

Judge Barak asked to see where the report states what the detainee is suspected of, and what is the grave suspicion mentioned by the investigator. The judge then argued that the evidence shown him had not helped him to understand if there is any point in a 15-day extension. He gathers that the investigative agents can complete their work in a shorter period - 8 days.

 

Abed El Rachman Yassin Nasser Jabali, I.D. 805822818 –

resident of Awarta

 

Arrested on 13.3.11.

 

The police requested 15 more days.

 

Maamoun Hashim asked if the detainee is suspected of the same charges attributed to the previous detainees.

 

The answer: “it’s in the confidential report with the judge". The suspicions against them are “actions against regional security". The investigator noted that the charges date from recent weeks.

 

The judge looked in the file and asked the investigator for explanations: why do they need 15 days for the investigation? Why was he arrested? What are the suspicions against him?

 

The investigator replied that matters would become clear in the course of the investigation; the whole point of the investigation is to elicit the truth...

 

The judge's decision: after examining the reports and the clarifications, he has reached the conclusion that no more than 4 days are necessary to conclude the investigation of the suspect.

 

Assem Mussa Ibrahim Mansour, I.D. 9043 81802 – resident of Ar-Ram.

Arrested on 16.3.11.

 

Mamoun Hashim is representing him on behalf of the attorney from Beersheba, who is absent.

 

The police asked for an extension of 15 more days.

 

He is suspected of activity against regional security.

 

From the questions, the defence attorney concluded that it is a criminal offence - trade in combat materiel. The detainee has a criminal past.

 

The investigator’s response: “it’s in the confidential report. I cannot say more than what I said”.

 

The judge’s decision: Additional 8 days of remand extension. 

Translation: Marganit W.
 

Upon arrival we found the court almost deserted - there were very few family members and most of the courtrooms were closed.
We entered Courtroom 6 where remand extension hearings were held.
 

Judge: Captain Sharon Rivlin-Ahai
There were 19 names in the docket. We'll report on 4 cases of remand extension.
 

1. The detainee: a member of the Jaabri family (Ismail or Muhammad?)
Defense: Atty. Nasser Nubani
According to the charge, two suspects (only one present in court) were sitting in a car. When soldiers approached and ordered them to open the window, the driver (Muhammad) refused, and according to the soldiers' testimony, tried to run them over. The soldiers then shot at the vehicle, injuring the two suspects. The car, it later turned out, had been stolen, and a commando knife was found in it.

In the interrogation, the suspects rejected the allegations, denying that they tried to flee and run over the soldiers. The evidence consists mostly of the soldiers' testimony.

The defense argued that the car had been bought legally, though in turned out to be a stolen car.
The judge ordered the prosecution to share the evidence with the defense before the remand extension hearing and extended the detention by 6 days.

2. Detainee: Belal Bani Jaber,  ID 903907459 - Case No.5375/10
Defense: Atty. Nasser Nubani
The suspect, father of three small children of a family in great economic straits, is charged with entering Israel illegally. Normally, he works in Ramallah, but when offered 500 shekels for a job in Bet Hanina over a weekend, he accepted ("because of the great financial difficulty, I had to accept").
After a plea bargain approved by the court, he was sentenced to 35 days in jail, 2 months suspended sentence for two years, and a 800 shekels fine, or a month in jail.

3. The detainee is a man from Hebron.
Defense: Atty. Zahalka and Atty. Rashid.
The man is suspected of smuggling dangerous drugs from Jordan through Allenby Bridge. Aided by his wife, he dealt drugs on several occasions and transferred the profits to his brother in Jordan. He is accused of dealing and using drugs and of obstruction of justice.
The judge rejected the defense' arguments that the admission was obtained by coercion, that pressure was applied on the defendant's wife and sister in law, that the defendant did not know the content of the bags he was carrying, and that the dealing and use of the drug was carried out in the Palestinian Authority and hence the court has no jurisdiction.
The accused was ordered in custody until the conclusion of the proceedings.
Arraignment hearing was set for 24.1.11 before Lieut.-Col. Atzmon.

4. Defendant: Saed Mahmoud Abed Al-Hamid Bahar, ID 999681620 - Case No.5377/10
Defense: Atty. Munzer Abu Ahmad
The suspect is 22 years old, from the village of Bet-Ummar. He is charged with two memberships: one in a military Fatah-affiliated unit, involving marching in military parades while armed and masked; the second, an armed group that planned terrorist attacks. One count accuses him of participation in an attack where he and his accomplices planted an explosive charge near the door of a watchtower with the intent of injuring
soldiers.
The defense claims that the man's participation was negligible; he was merely a scout. Besides, his membership in the organizations ceased when he was arrested by the PA in February 2010, whereupon he spent 11 months in jail. His present detention in fact mounts to a second imprisonment for the same violation.
The judge ascribed to the defendant full membership in the unit and full participation in the planning and execution of a terrorist attack, which she described as sophisticated, even though no damage was done. The argument that he stopped being a member was rejected, since it was not his initiative. The argument of double indemnity, which might reduce his sentence later, was also rejected.
Decision: The suspect will remain in custody until the conclusion of the proceedings.
Arraignment hearing before Lieut.-Col. Atzmon was set for 24.1.11.
 

Courtroom 1
Justices: Lieut.-Col. Ronen Atzmon, Captain Hilit Baron, Captain Amir Dahan
 

1.Accused: Haled
Defense: Atty. Haled Al-Araj
This was a verdict hearing, following a plea bargain, after one clause of charge had been changed.
The charge is kidnapping under severe circumstances. In November 2002 the defendant asked his brother Nasser to follow a certain person who later, in January 2003, was kidnapped by Nasser and another person named Muhammad, brought under gun threat to the center of the village, and, having been forced to admit collaboration with Israel, was tied to a pole and shot.
The accused accepted the revised charges and acknowledged the admission of details he had had given twice before.

He was sentenced to 10 years in jail.
His mother sat in the audience, crying bitterly. The son left the court without looking at her.
 

2. While in the courtyard, we were approached by a well dressed gentleman from Jerusalem, who told us in fluent Hebrew that his uncle, a resident of Ramallah, had been in custody since 2006, and his sentencing was scheduled for today.

This is Mahmud Awad Tawfiq Damara, ID 410076806 - Case No.5997/06, commander of [Arafat’s] Force 17 and later Abu-Maazen's bodyguard and security officer.
We don't have the full details of the charges and the trial, but having checked with Atty. Arye Yitzhaki (from Atty. Avigdor Feldman's law firm which represented Damara) we found that the case involves orders by his superiors to open fire on the IDF during the invasion of the Mukataa during operation "Defense Shield." In this respect, he was no different than any commander of armed forces during military confrontations.
Mr. Damara is 52, of small built, with a scowling, blank face. Abu Maazen said about him that he might contribute to the peace efforts, if he were released. Saeb Arekat presented the court with a letter to this effect.
The court postponed the argumentation but handed down a verdict in Damara's case based on rules that apply in cases where there is a divergence of opinion among the judges.

Justice Dahan set the punishment at 11 years, Justice Atzmon at 15 and Justice Brown at 18.
Sentence: 15 years jail and 3 years suspended sentence for 5 years.
The defense plans to appeal the sentence. So apparently does the prosecution who deems the sentence too light. 

Translation: Marganit W.

Cross-examination of police investigator in the Jamal Tirawi hearing [see earlier reports: Salem 24.1.10 and 17.2.10]

"The Interpreter is Translating for You"

"If you and Jamal are not interested, I can order you out. The interpreter is translating for your benefit, the others don't need it." Thus the judge scolded the Tirawi brothers, who spent the first half of the day conversing on both sides of the court. In their defense, I can testify that I, too, had a hard time keeping my eyes open during the first interrogation. Captain Faraj presented a bunch of police statements and repeated the same questions again and again: Describe for the court the atmosphere during the interrogation. What language was used? Etc. During the second phase he asked: Here it says X, but in court the witness said Y, what can you tell us about it? So the investigator said that the witness lied in court and his testimony was baseless, that the statement was obtained, written and signed of his own volition etc. It is interesting to note that Arabs are liars by definition UNTIL they incriminate other Arabs, then every word is written in stone and is the gospel truth.

Check and mate, or maybe not

Defense Attorney Merav Houri demanded the court be presented with a corpse before deciding who murdered whom (maybe) . For now this is only a rumor, an allegation - the court does not recognize the death certificate issued by the Authority. If it does, the court will have to recognize other documents of the Palestinian Authority, something that the court is reluctant to do. Thus, the only proof of the murder of the man - a collaborator -  that Tirawi is accused of ordering the murder, is testimony by the father of Muayed Mansour, Witness No. 26, who allegedly buried him. The father claims that he is threatened by the Tirawi family and therefore refuses to testify in court: "They threatened that if I expose what happened to my son and claim he is innocent, they'll burn my house down and will hurt my daughters." This is from his interrogation at Hawara. He was subpoenaed but did not show up, possibly because the prosecution knows it cannot protect him. Check and mate? Apparently not. We saw how pliable the rules are, and in this case, too, there will be a way to bend them a little. At any rate, at this stage, the court ordered both sides to present their arguments in writing, based on Paragraph 10 a and b, which deals with the refusal of a witness to testify, or when a witness cannot be located or is dissuaded from testifying.

A New Interpreter, a Redhead

In the long interval foisted on us, I was impressed by his Arabic and by how fast he familiarized himself with the procedure. "I'm an Arab," he explained. This is the new interpreter, a Christian Evangelist, whose parents are ‘internal refugees' from Nazareth. He grew up in Kiryat Eliezer and studied at the Carmelit school. He volunteered to serve in the army because he believes in the continued existence of the Jewish state. He told me that there are 420 people like him every year. Israeli Arabs, he claims, feel that, compared to other countries in the Middle East, they are better off. After half the Palestinian population was evicted in 1948, and wealthy Palestinians who had connections left [like many Jews, let me add], after the Druze and the Beduins were co-opted by Israel, those who stayed are more Zionist than I am. So maybe we can now retire the "demographic danger" argument?

The Price of Being Late

At my left, the Druze prosecutor is having a heated discussion with the defendant's brother - in Arabic, of course, what else? At my right, Atty. Houri is talking with the defendant - in Arabic, of course. I am in the middle, the only Jew in the area, who never learned enough Arabic to follow the conversation. As usual, the judges were late coming from lunch, but the order to bring in the defendant and his family was duly carried out. It soon became apparent to the dutiful soldiers that there was something surreal about that picture which disproved the accepted narrative about security risk. Thus, they requested an order to take the Palestinians (who are neither Druze, Beduin or Evangelical volunteers) out of the court. Their request was presumably granted. Needless to say, while they were arranging this, there was no hint of weapon in the court.

Mufa'jaa

"You are not conducting an independent investigation: the GSS order the arrests and interrogate before you. You're not the first to get an admission from the accused. You merely rewrite what the GSS wrote, you don't investigate." Thus began the cross-examination by the defense attorney. It was finally getting interesting: the private conversations stopped and I woke up. I will cite two examples to illustrate the attorney's point. Both are taken from the investigation focusing on the main charge against Jamal Tirawi - sending a suicide bomber to a café in Tel Aviv in 2002.

Surprise No. 1 - Herzl said

"In regards to Abu Leil's statement, you insist that he was staying at Rawash's house 4 days before he was arrested with the defendant. He claims that he said that there were 4 more people there, not 4 days. Why do you insist? Maybe the question was "Were you?" But you wrote down "You stayed" and this is the source of the mistake? Why should Abu Leil recant his statement at this point? The explanation, sir, is that in the GSS memorandum, ‘Herzl' wrote: "slept 4 days at Rawash's" and this is how it trickled down to the police investigation. Let me tell you, that the same memo alleges that Abu Leil testified that they had 4 guns, and with surprising coordination your statement makes the same claim. How come he made the same mistake in your report and in that of the GSS? We have a report by the soldiers who seized the weapons which included: 3 guns and 1tear gas grenade , 2 Belgian guns, 1 Jericho plus a gun belonging to Firas.

Surprise No. 2

"You were assigned the investigation of three men involved in this case at a certain time: Riad Abu Saris, Fadi Fahmi Bakri and Sirhan Alan. Abu Sris testified that during a ride with the suicide bomber, Ala and Jamal Tirawi called the suicide bomber's cell phone to get an update. Sirhan Alan said in his interrogation that Abu Saris told him that he had kept the cell phone of the suicide bomber as a souvenir. Did you request the phone to check the incoming calls?" Evidently, it was convenient to presume that the phone perished with the bomber, but investigations have yielded that this may not be the case; one of the passengers in the car said he had kept the "incriminating"(?) phone. This line of investigation was lost in the maze of police "investigation" which is a re-writing of the GSS memo. Apparently, Herzl did not say anything about this.

Dessert

"Perhaps you can give me an answer that no police officer to date has been able to supply," Atty. Houri challenged the witness. "Given the identification of the statement taken by the police with the memos on which the police bases its investigation, who needs the police?"

Her Honor Judge Dalya Kauffman told Atty. Houri that she'd be happy to answer her. Maybe if we behave, we can hear it too.

Continuation of the Defense 28.2.10

I had to leave the court a little after 4, before the conclusion of the hearing. I wish I could have stayed, it was so intriguing.

Last Sunday, February 28, Rachel H. and I attended the session when the defense continued its argument in Jamal's case. We were not allowed to remain in the courtroom, as GSS men were being interrogated in camera. Atty. Houri told me the following day on the phone, that on 14.3.10 the hearing would be behind closed doors until the interrogation of the GSS investigator would be over.

Jamal Tirawi will probably appear as a witness on 21.3.10

Translation: Marganit W.

Testimony of 3 witnesses for the prosecution in the case of Jamal Tirawi

(See earlier report of this case: Salem 24.1.10)

Judges: Major Dalia Kaufman, Lieutenant Eyal Nun, Lieutenant Yair Zadok

Defense: Haim Yitzhaki from Avidgor Feldman law office

Prosecutor: Captain Camil Faraj

Unfortunately, there is not much to report about the "legal procedure" - everything has been said before. The lawyer from Avigdor Feldman's law office did not do his homework and the cross-examination of the prosecution witnesses was an insult to the intelligence (let me hasten to add that I realize that it is easy to criticize and that it is not I who have to do this impossible job of defending suspects who do not enjoy the presumption of innocence; I am also aware of the fact that one human rights lawyer left the country to live abroad, and that the others, when they are not collaborators, are exhausted and worn out... still...). All I have to say in this respect is that, if even a respectable law firm like this one doesn't bother to prepare a decent defense for suspects who had the misfortune to fall into the clutches of the military legal system, then there should not be any doubt in our minds that the system won. Still, I'd like to relate a few stories that took place on the margins of the main event.

Security problems

In an earlier hearing in the Tirawi case (24.1.10) I was pleasantly surprised to see that 4 members of his family were allowed to be present at the hearing. Moreover, until the arrival of the judges, the visitors were allowed to talk to the defendant (with 15 meters separating them, but who's counting). Since his abduction, on 29.5.07, Jamal Tirawi has not met his wife, except in court. Only his son is allowed to visit him. Today, his wife and son were in court, as well as his father's brother. His own brother - who attended the previous hearing - was not allowed in. Why? "Security problems...procedure... risk". Note that at the time when all four were admitted, there was only one guard in the courtroom - and he too occasionally left the room, as most Druze personnel were on leave for Nabi Hadr holiday. On a related issue, today there were Junior Prison Guard officers in the court. One of them wondered aloud why the defendant was allowed to converse with his family. And "old hand," their mentor, explained: this prisoner has such high status...." He did not elaborate. These guys and their rules are indeed flexible.

If you want to talk, not here

3 witnesses testified - two are investigators who interrogated Tirawi's incriminators, and one was an incriminator himself (who claimed that he never mentioned Tirawi in his interrogation). One of the witnesses wore a knitted kippa (Sgt. Maj. Nahum Babkoff of the Yarkon Interrogations Division), the other was Druze (Sgt.-Maj. Aataf Awda) and the third a Palestinian, (Fadi Fahmi, Bakri).

Most of the time, Justice Kaufman was busy reprimanding Mrs. Tirawi ("If you want to talk, not here!") and dictating to the typists what to write. When the man from Nablus testified, she added detailed descriptions of his body language: "He lowered his eyes, he looked sideways, he rolled his eyes, he smiled, he didn't smile... type, type." Apparently, he was the only witness who used body language, and it certainly needed recording, because the protocol reflects the truth and nothing but the truth.

Even an animal cannot live 90 days underground

On the other hand, things that the Palestinian witness said and should have made everybody sit bolt upright, went unmarked. The judge did not instruct the typist to put them down, and the defense did not rush to demand clarification. In my opinion, what was said there should be reported to the Committee Against Torture.

A few words about the witness: he lives in Nablus and has had a quarrel with the Tirawi family (since Jamal Tirawi, acting as a officer of the PA, released the killer of his uncle Ahmad Tabuk). Because of this family feud, the witness moved out of Nablus. He was sentenced to 4 years in jail for charges that were not mentioned in this hearing. However, he was acquitted of the charge of participating in a bombing in Tel Aviv, which is the most serious charge against Jamal Tirawi. He is supposed to be released in 40 days (which did not match the count of 4 years since his arrest on 7.6.06, but this is what I heard him say).

In his testimony he said that he had been "90 days underground" adding, "even an animal cannot live underground for 90 days." The police plants - A.L. Safir - pretended to be members of the Tanzim organization. At least in one interrogation, GSS interrogators "Herzl" and "Yair" were masked. One of them pretended to be a Fatah member and the other a member of the Islamic Jihad. When they took off their masks and called him a liar, he threw a fit and hit his head against the wall, necessitating intervention to prevent him from hurting himself. He claims that they later threatened to take him back to the interrogation room, whereupon he said, "You want him to be there, fine, he was there." I tend to believe him. (Grammar too is a victim of the military justice system...)

Jamal and I were on time

I wrote the sentence "The hearing scheduled for 9:30 - due to its anticipated length - began as usual only at 10:45" even before I left. I decided to open a file and write those annoying details that you are reading right now, thus saving time. As it turned out, I had to make no changes, even though in the previous hearing (31.1.10) the judge and the attorney spent 20 minutes exchanging humorous comments about traffic between Tel Aviv and the court (it is certainly more amusing than discussing the harsh conditions of detention and interrogation that the witness complains about). When they were done exchanging pleasantries, it was decided that the hearing would start at 9:30 - despite the difficulty this posed for the Tel Aviv attorney - in order to hear all 3 witness in one session. Well, Jamal and I got there together, shortly after 9:00 - we were the only ones to be on time. Then, since it was such a long, grueling day, the judges took a break. "Until One, not a second later," said the Her Honor. I lounged in the sun, knowing that I had plenty of time. In front of me I saw a black clad defense attorney trying to shoo two Vanessa Atalanta butterflies that tried to settle on him. What were the butterflies looking for in this setting anyway? The trial resumed around 2 o'clock. Time too is flexible here.

I proceed according to the memorandum.

In the three hearings I attended concerning this case, I had opportunity to hear first hand how investigators describe the interrogation, and second hand how they talk about the detainees. The picture emerging is of a thick spider web that nobody in his right mind would attempt to unravel. This is how it works: The army kidnaps a person in the Occupied Territories and hands him over to the GSS for interrogation, under conditions we are not sufficiently aware of. At the end of the investigation (which sometimes lasts 3 months), the suspect is then handed over to the police, which interrogate him on the basis of the info received from the GSS. In other words, the police already know what the suspect is supposed to confess to. In the majority of cases, this is where it stops. The suspect signs a revised charge sheet, often on his attorney's advice, thus saving the court time and the state expenses (and generating income from the fine), as well as saving the accused himself some jail time and legal hassle. The problem is with the minority of detainees who deny the allegations. These are subsequently ensnared in the GSS and police web, which is bolstered by incriminations of other detainees as well as by a pack of police plants who share a cell with the suspect and later "substantiate" the GSS version. The end result is a thick tissue of lies, contradictions and coercions ("He said that you said that they said that you were there"), that no one can possibly disentangle. Eventually - if the suspect insists on rejecting the charge sheet and no other suspect has mentioned his name, and the police plants can't extract a confession - he can always be put under ‘administrative detention'. And so the question remains: who needs this circus? For there, truth is a totally pliable value.

Edna Canetti is cute and Tirawi will get a life sentence

When the first shift typist saw my badge she volunteered that "Edna Canetti is cute." The second shift typist opined that Jamal Tirawi would get a life sentence. I cannot comment on the first pronouncement - though I have seen several Big Brothers in my life - but I am not familiar with the Israeli Big Brother TV reality show. The second pronouncement, however, is the most solid statement I heard so far in this entire "legal proceeding." While the GSS ‘laundry' keeps emitting hot air, drivel and evil spirit, the savvy typist knows the score. At all events, the two of us are eagerly waiting for Sunday, 21.2.10, when Jamal Tirawi will testify at the opening of his defense.

Translation: Marganit W.

Court of Appeals 

Judges: Major Dalya Kaufmann,  Sgt.-Major  Eyal Nun, Sgt.Maj. Yair Zadok

Prosecutor: Captain Kamil Faraj

Defense: Atty. Haim Yitzhaki (Avigdor Feldman's law firm)

Courtroom 3

I went to the Salem court at the request of the Jerusalem group, as a follow-up on the case of Ibrahim Halil Srour from Ni'lin, who was supposed to be transferred from Ofer to Salem. But upon arrival I found that the order had been cancelled. Neither his attorneys nor we were apprised of the change.

At the gate I am told by the guard that today is a Druze holiday (Prophet Al-Khidr Day). The guard who usually lets me in is on holiday, so I need to check with someone else. As soon as I mention MachsomWatch, all faces light up. "Friend of Edna?" they ask. Lucky for me, I was not part of the debate when she joined "Big Brother". Now I bask in celebrity and before I am fully aware of what's going on, I am making my way to the courtroom accompanied by Dahamshe and his son. Thus I became a witness to the legal saga of Jamal Tirawi who, as it turned out, is a real celebrity.

Let me recap the case for those who, like me, forgot the details. Before his abduction, together with 4 other Palestinians, from Balata Refugee Camp, on May 29, 2007, Tirawi was a member of parliament and spokesman of the Fatah faction in the Palestinian Legislature. His brother, Tawfiq Tirawi, chief intelligence officer in the territories, was one of Arafat's lieutenants, and today, following the last Fatah elections, he has a central position in the party.

On August 15, 2007 Jamal Tirawi was charged with 17 counts, including sending a suicide bomber to "Coffee-shop" on Allenby St. in Tel Aviv (five years earlier, in March 2002). He is also suspected of being a commander of Al-Aqsa Brigade (the military arm of Fatah) and the mastermind of suicide attacks following the massacre at Beit-Hanun, as well as of shooting at Israelis during the Second Intifada.

The indictment is based on testimonies by incriminators and police plants. One of them, Firas Ri'an, was abducted with him from Balata. Another one, Riad Abu Sris, was arrested for "illegally entering Israel," In his interrogation he confessed to transporting the suicide bomber from Kfar-Kassem to Petah-Tikwa in 2002. He claimed to have done so under instruction from Tirawi. Another incriminator whose name was mentioned in the hearing is Muhammad Abu Tubo.

     As soon as I entered Courtroom 3 (having looked in vain for Ibrahim Srour in the courts and offices), it was clear that matters were different today and the hearing was of a different kind of detainee. First, the usual gray and khaki uniforms were absent, due to the Druze holiday, so there was less noise and fewer disturbances (without, however, reduced "security").  What was more noteworthy, however, was the figure in the dock - he was obviously ‘first league'. Although he was in prison uniform, the defendant looked like a person of importance. Underneath the prison's shirt he was wearing a black garb that looked new and neat. He was surrounded by four family members [among them his brother Fawzi Tirawi] - twice the allowed number - who spoke with him freely for half an hour until the main actors arrived: judges, interpreter, and typist. The chief interpreter did the translation.

I assume that his other guests were his son (about 6 years old), his wife and another couple. Everyone walking into the room greeted him or shook his hand; some attorneys kissed him.

The defense attorneys came in, obviously from a Tel Aviv firm [I later found they were from Avigdor Feldman law firm]. What was unusual for Salem was that the defense actually did its job. But on the whole it was a dialog of the deaf. The judge had to "interpret" the defense's questions for the testifying investigators, not because they don't speak Hebrew, but because they never questioned the methods of interrogation: indictment based on incriminators and police plants, nor did it occur to them that detainees are often threatened and are fed false statements. These techniques are all routinely practiced by interrogators, and they never question them.

If I understand correctly, the defense tried to undermine the testimonies of incriminators and police plants by exposing the defects of such methods of interrogation. Two witnesses testified, both investigators who interrogated Tirawi's incriminators, using the familiar methods. There was nothing new in the criticism voiced in court, but it was refreshing to hear it in this context.

Two investigators testified about three detainees who had incriminated Tirawi: Raid Abu Sris, Muhammad Abu Tubo and Firas Rian. All three recanted the statements they had signed, claiming they were not true.

The Prosecutor claimed that the investigators followed protocol: checked the detainee's medical condition, spoke to him in his language, allowed him to write his statement and the questions and answers in Arabic and made him sign each page. All in the pursuit of truth, and all done out of the detainee's free will. The cross examination by the Tel Aviv attorney painted another picture, but rest assured, nobody except us will pay any attention.

Rais Abu Sris

The defense reminded the court that when Abu Rais testified in court he claimed that when he had given Tirawi's name to the interrogators he was in a confused state of mind and did not know what he was saying. In his cross-examination the attorney made two claims: the man was known as a user of Ecstasy, Marijuana, pot and alcohol. He was interrogated only on the forth day of his detention (he was arrested on Aug. 16 and brought to the interrogation on Aug. 20, 2006) because he was high as a kite and during the interrogation was in withdrawal. The second claim was that Tirawi had threatened him, but the moment the interrogator heard Tirawi's name, he stopped asking him relevant questions and led him to incriminate Tirawi, which was apparently his objective. Thus, he had a chance to avenge someone who had threatened him. The defense stated that no true statement could be extracted from the testimony of that witness for the prosecution.

Abu Sris was arrested on 16.8.07 on a charge of staying illegally in Israel. On 10.5.07 he was convicted of transporting the suicide bomber who blew up a café in Tel Aviv in March 2002. Abu Sris's conviction could possibly be challenged, just like Tirawai's, but he is not a "preferential" detainee, only a common resident of the Occupied Territories who worked in Israel and was addicted to drugs and alcohol.

Muhamad Abu Tubo

He testified that when asked about Tirawi by his interrogator he said only that he was working for the Authority. "The interrogator told me everything," he said about his statement. The defense stated that there was no memorandum of an earlier statement, which means that police plants were used. "You didn't conduct a 4-page interrogation without anything to base it on," he told the investigator.

Firas Rian

He was arrested with Jamal Tirawi.  In this case, too, two arguments were made which put in question the validity of an indictment that relies on incriminators. The first argument was that the incriminator wanted to recant his statement, but the interrogator threatened to "return him to jail for 90 days, to the GSS and to suffering," even though during the interrogation he urged him to sign the statement assuring him that in court he could say whatever he wanted. In his second argument, the defense compared the memorandum of Rian's interrogation of 24.6.07 to a statement based on the detainee's interrogation on 26.6.07 (two days later). These are long, almost identical texts that include a list of ten names; each name is followed by age, residence, marital statue, profession etc, all exactly in the same order. In response to the defense's question, the investigator stated that he did not read the memorandum to the detainee, i.e., he didn't dictate the statement to him. The defense did not look convinced.

Avigdor Feldman's law firm will appeal to the High Court of Justice since the Military Court of Appeals rejected an appeal to disclose additional evidence by another witnesses in Tirawi's trial. At the end of the session, the prosecution requested not to interrogate that witness until the defense obtains an interim staying order or until the High Court intervenes.

The court -  Chief justice and two judges - decided to retain the date of the next interrogation  - 31.1.10 - unless an order is issued - and hold the hearing on the following Wednesday, 3.2.10. If the decision is to allow the defense to see the material, the Chief justice promised that the court would not undermine the defendant's defense. But, she added, we all know that there is very slim chance that the High Court of Justice would intervene.

Throughout the session, Tirawi behaved as if the proceeding did not concern him. He was engaged in conversation with his visitors, using hand gestures and lip reading. There were no gray and khaki uniforms to block their communication.

Translation: Marganit W.

Courtroom 2

Sessions at the Juvenile Court start at 10 AM. This court has been operating for several months now on Monday, Tuesday and Thursday. In charge of this court is justice Sharon Rivlin-Ahai, but today the presiding judge is Atzmon.

The trial is conducted in camera: only the minor's parents are allowed in court. We had to leave.

The minors brought before the judge in this special court have sometimes been in detention for weeks, incarcerated under regular conditions. They are brought here for remand extension during the entire period of their interrogations. Only when the indictment is ready is the hearing transferred to the Juvenile Court. The arrest and the interrogation of these youths are conducted under the regular conditions that apply to Palestinians in the Occupied Territories.

A week ago we observed and reported the case of two brothers brought for remand extension without an attorney. (See report of 12.1.10) A week later, at the Juvenile Court, the judge ordered a remand until the conclusion of the proceedings. The two boys admitted to throwing rocks at a military jeep.

Courtroom 3

A panel of 3 judges: Sgt.-Major (Res) Itzik Mina - presiding, Lieut.-Colonel Zvi Lekah and Lieut. -Colonel Nathaniel Benishu

The defendant collaborated in two suicide bombings in the Jerusalem area, two months apart. 19 people were killed in the attacks. In both cases the defendant supplied the acetone used in the making of the explosive.

An earlier court took into consideration the young age (17) of the accused at the time. He was influenced by an older friend who recruited him.

The prosecution calls for a life sentence, citing precedents where minority did not shield a defendant from a life sentence.

The defense states that the defendant had repented the deed and stresses the importance of rehabilitation in penalties given to minors. The defense asks the court to consider his client's intent to change his ways.

Decision will be handed down in 7 days.

Translation: Marganit W.

Judges: Sgt.-Maj. Amir Dahan, Major Menahem Lieberman

Prosecutor ?

Defense: Aadel Hameissi

The defendant, Arafat Abu Shaira, is a 24 year old single man from Al Azali refugee camp near Bethlehem.

We attended the deliberations of Abu Shaira's sentencing. We first reported on his trial on 9.8.09.

If you have the patience to read this report to the end , the laconic descriptions will give you an idea of reality in the occupied territories -  military activity on the one hand, and the pressure cooker of what's referred to as "the texture of life of Palestinians in the West Bank" on the other.

The prosecutor moved for a severe punishment to fit the severe charges. She described the defendant as a military operative who over a long period of time sabotaged security in the area through his activity in the "Shuhada el Aqsa "organization. He routinely attacked Israeli targets as detailed below:

- He was in charge of a military unit, participating in 6 separate  incidents of throwing pipe bombs and Molotov cocktails manufactured by him and others.

- Implicated himself in 4 charges of shooting at Jewish neighborhoods,     army bases and Israeli vehicles.

- With accomplices, planned to plant an explosive charge in Mahane Yehuda market. The plot was rejected  for fear of harsh Israeli retaliation.

- Discussed (maybe even planned) to kidnap one or more Israeli soldiers. His unit received money for the kidnapping and was about to receive more money for military purposes.

- Actively participated in resisting IDF forces that came to arrest men in the area wanted by the army. They came armed intent on harming the soldiers. Two soldiers were slightly injured in the incident.

- On several occasions the weapons failed to shoot, but there fire broke out near the soldiers.

When the prosecutor was done with the charges, she submitted precedents in which the sentences were 10, 15 or more years. She reiterated that the penalty should be stiff but did not specify what sentence the prosecution was asking for.

The defense described the difficult personal and familial situation of the defendant - conditions that typify most of the West Bank population: interrupted education, sick or handicapped parents, unemployment, and financial straights.

Argument for leniency:

- As for the charge of arm possession - the gun in question was given to him by the Palestinian Authority.

- The six counts of possession, training, and manufacturing arms, as well as the charge of throwing incendiary objects - they were committed in 2001 when the defendant was 16 years old.

- The four charges regarding shooting at a person in 2003 - there is no mention of distance, so according to the defense, the shooting was not effective and there was no loss of life or property.

- In another count of shooting at a person, the defendant did not shoot. He was sitting in a car while his accomplices were shooting. No damage was caused to people or property. In this case too, the shooting was not effective.

- The charges of military training were actually in reference to taking apart and assembling a gun.

- The charge of arms trading refers to a failed attempt to sell a gun.

- The kidnapping charge - there was some talk of kidnapping but it was just talk.

Sentence will be handed down at a later date.

Translation: Marganit W.

Today is the trial of Said Salah Said Hatib, whose arrest at Shaked-Tura was witnessed by Anna NS and myself on 27.4.09 (see Salem report, 3.5.09).

I received a list of 24 hearings and attended 12 of them.

Judge: Major Giora Eldan.

1. 2635/08 - Amid Said Muhammad Iyad, ID No. 950228890
Accused of conspiracy to kill.
Defense: Muhaned Haraz
Category: Arguments for penalty
Prison time to coincide with time spent in detention.

The prosecution states that a plea bargain has been reached. The defendant was convicted in a previous hearing.
Ten days prior to his arrest the defendant met with a woman whom he tried to enlist for a suicide bombing. The prosecutor reports that the woman turned the defendant down, no target was chosen and no details were agreed upon. There was only talk and no concrete action. No mention of membership in a hostile organization. The defendant, though, has a prior record. In 2004 he was accused of conspiracy. He admitted his guilt and saved the court valuable time, as there was no need to summon witnesses. Since there is some difficulty proving the case, the prosecution agreed to a plea bargain. 14 months in jail seems like an appropriate penalty that serves the public interest.

The defense agrees, adding that the case relies on the testimony of a woman who suffers from mental problems and has family issues. Her allegations are unsubstantiated. Had there been other witnesses, the
defendant would have been acquitted. The defendant told the court that he is his family's sole provider and promised not to repeat the violation.
The judge decides that there are no grounds for conviction. The penalty in the plea bargain is tantamount to an acquittal. Hence, the jail time will coincide with the time spent in detention. It is not a heavy punishment,
the judge says, although deprivation of liberty is a serious matter. The plea bargain is accepted and the detention, started on 23.4.09, will terminate today.
The defendant's probation will be extended by three years. 24 months probation for five years starting today, to deter him from repeating his offense.
I can't begin to describe the joy of the defendant and his family.

2. 2284/09 -  Muhammad Nasser Mahmud Anati, ID No.852300839

Accused of handling and selling combat materiel
Defense: Nader Haraz
Category: Arraignment
The defendant is a young man. His parents and baby daughter are present.
The hearing is postponed to 13.7.09. By then the two sides will decide on
the penalty.

3. 1009/09 - Hanin Ziad Kamel Nasser Allah, ID. No. 910651793
Accused of leaving the territories without a permit.
Defense: Hasan Titi
Category: Arraignment

The judge is shocked:
The defendant is a young woman married to an Israeli Arab. She admits her guilt and accepts the charges. She has no prior convictions and this is her first violation. She was sentenced to three years plus probation. The defense asks for a shorter probation, since during that period the accused won't be able to obtain a permit to enter Israel to meet with her husband. The judge is shocked: not see her husband for three years?
Intolerable. He removes the probation.

4. 2153/09 - Muhammad Ibrahim Abed-el Aziz Yamin. ID No.852378611
Accused of holding and selling combat materiel
Defense: Mustafa Azamta
Category: Arraignment
The defendant is a young, pale man. Hearing is set for 13.7.09.

5. 2468/09 -  Fuad Taleb Said Ashkar, ID No. 850203118
Accused of membership and activity in a hostile organization
Defense: Mustafa Azamta
Category: Arraignment
The defense attorney explains the indictment to his client. The defendant denies the allegations.
Hearing is set for 13.7.09.

6. 2158/09 - Abdullah Haled Abdullah Saluadi, ID No. 850361684
Accused of holding and selling combat materiel
Defense: Mustafa Azamta
Category: Arraignment
Four witnesses will be summoned.
Hearing is set for 13.7.09.

7. The hearing of Said Hatib, whose trial I came especially to hear.
2329/09 - Said Salah Said Hatib, ID No.907632369
Accused of attacking a soldier on duty.
Defense: Muaid Kabha
Category: Arraignment

Surprise: Said is not present. The judge asks a prison guard to find out what's going on. The attorney says he saw Said at Salem at 9:30. The attorney is upset and angry because he is due to appear in court in Haifa
shortly. It turns out that Said was taken to a police interrogation. The judge orders the Prison Service to bring Said in within 15 minutes. In the meantime the hearings continue.

8. 2156/09 - Seif Aldin Hussam Saleh Awad, ID No. 851975185
Accused of preparing/ throwing/planting a bomb.
Defense: Mustafa Azamta
Category: Arraignment
A young man. The attorney explains the charges, and requests a postponement to 13.7.09. Everyone agrees. The defendant's sister has had a baby and he is allowed to greet his family in court. Hallelujah!

9. 2285/09 - Ahmad Ziad Muhammad Kashmar, ID No. 850063025
Accused of membership and activity in a hostile organization.
Defense: Mahmud Hassan
Category: Arraignment
The defense moves to postpone the hearing to 13.7.09.

Back to detainee No. 7. The prison guard announces that Said will arrive in three minutes. The hearing continues.

10. 2146/09 - Yusuf Halil Yusuf Hajab, ID No. 854327731
Accused of manufacturing and throwing an incendiary object.
Category: Arraignment.
The detainee is a young man. His family, including a sweet little girl, tires to communicate with him from a distance. The girl sends him a message with hand gestures and he sends her a heartfelt kiss. The detainee
looks happy and does not listen to the judge. The hearing is postponed.

11. 2328/09 - Muhammad Rajah Muhammad Albazur, ID No.907629513
Accused of membership and activity in a hostile organization.
Defense: Muhmad Haraz
Category: Arraignment
The accused denies the allegations.
Next hearing set for 13.7.09.

Back to No. 7, Said Salah Said Hatib.
The Israeli Police representative explains: After the security check Said was sitting in the waiting room. Half an hour later, a prison guards checked ID cards and took Said for questioning. They were told about his
scheduled trial and were asked to be brief. Unfortunately, the questioning dragged on because they wanted to finish the interrogation before Said entered the court. The policeman apologizes for the inconvenience.
Said is led in. He is on bail. He wears civilian clothes and does not sit on the defendant's bench.
The defense states that the investigation was concluded about a month ago and that the prosecution has submitted an indictment based on the investigation transcript. The defense takes a very dim view of the present
investigation.
The judge says there's probably need for further investigation.
The defense objects to an investigation on the day of trial. The judge says it is permissible.
The defense says that at this stage, when the investigation is allowed to continue, he needs more time to examine the new material and moves to postpone.
The judge accepts the motion; there is no objection from the prosecutor.
The hearing is set for 14.7.09 with Justice Halabi presiding.

12. 3711/08 - Nadem Jaber Othman Miale, ID No. 850444878
Accused of membership and activity.
Defense: Muhaned Haraz
Category: memorandum
The attorney moves to postpone. The hearing is set for 13.7.09.

13. Said's attorney recommends that I move to Courtroom 1.
The hearing here is similar to that of Said. Two brothers are accused of attacking soldiers. I enter after the session has begun. The judge is a woman.
A solder testifies that he saw nothing. A Palestinian shoved him and he fell to the ground.
The two defense attorneys, through repeated cross -examination, try to challenge the soldier's allegations. The judge declares a 30-minute recess. She has 14 other cases and looks exhausted (so am I).
After the recess another soldier testifies. He is the checkpoint commander, a tall, robust fellow. He swears to tell the truth and nothing but the truth.  The prosecutor wants him to describe the checkpoint ("crossing" in her parlance). He says he serves in the Tul-Karm region and that the gate is an 'agricultural' one. At fixed hours, the state allows the farmers to cross in the morning and return in the evening when their work is done. This is Gate No. 609. At 7:30 PM, they check the passengers for illegal objects. This is their job. On 28.4.09 a resident of the village arrived. The soldier is asked to point at the person (there are two defendants on the bench). The soldier continues: The resident is registered as eligible for passage. Then his brother arrived. He was repeatedly told to stop, but he continued to walk, so they pointed the gun at him and he stopped. He was told to lift his shirt - standard procedure - and he refused, shouted, threw a fit and continued to approach the
soldier who insisted on keeping a safe distance. The brother, who had been watching, ran back and pushed the soldier.
The witness explains that this is an 'agricultural checkpoint', small and friendly; the soldiers recognize the Palestinians, who cross there daily, so he did not take the incident seriously and continued his daily routine.
He checked the ID of the younger brother, the "troublemaker" and found him on the black list. He let the other farmers through and started attending to the brothers at 6:50; a third Palestinian was present. He asked the
younger brother for his permit, but the man shoved him and hit him with his fist. The soldier hit back and they both fell down. The soldier called for help. A scout who happened to be in the area shot into the air. The
third Palestinian ran away, they overpowered the brothers and the incident was over.
The attorney wanted to know if there is a camera at the checkpoint. The soldier said he was not authorized to answer this question.
The judge said: If you know the answer, tell us.
The soldier says he does not know. He is in charge of the checkpoint and he checked the younger brother's ID. The soldiers were interrogated by the Military Police Investigators. A complaint was lodged against them.
The defense requests to see a transcript of the investigation.
The Prosecutor promises to check. She wants to finish examining the soldier.
The soldiers' testimonies seem to be coordinated. The checkpoint commander is impatient with the defense's questioning. He vents his frustration and is reprimanded by the judge.
The judge wants to hasten the process. She has other cases.
The defense tries to find inconsistencies in the soldiers' testimonies.
The commander says he lost a tooth as a result of the fistfight.
There will be more testimonies at the next hearing. There is a request for medical reports.
The next hearing is set for 29.6.09.

  

 

Translation: Bracha Ben-Avraham

09:30 - We enter the courtroom and wait together with 7 people who are to be put on trial. They are sitting on the left-hand side of the courtroom and were not brought to the dock with handcuffs. These defendants were released on bail from detention.  We sit on the right-hand side of the courtroom, as instructed. 

4 armed soldiers, the prosecutor and a typist are also in the courtroom.  All of us are waiting for the judge, who arrives at 09:52.

The first defendant is brought into the courtroom:

Mohammed Hassan

Defense: Attorney Samara

Charge: Membership in an unauthorized organization, Hamas, from 2004 to 2006. 

The defendant pleads guilty.

The judge to the defendant: Did you understand?  Have things been explained to you?  He tells Defense Attorney Samara: "Feel free to talk with all the defendants."

At this point, the judge announces that he wishes to continue with cases that require a panel of judges.  All 7 of the people removed from the courtroom.  Their cases will be heard later.  The court is waiting for cases that require a panel of judges.

The families are brought in and sit in their appointed places.

Two detainees are brought into the courtroom with their legs shackled.  One looks like a very young boy. 

Aamer

Charged with serious crimes - manslaughter.

The witnesses must be summoned, and so the evidence hearing is set for 27.1.09 at 11:00 AM.  We will try to follow this trial. 

Samir Sa'id

There is an agreement regarding the evidence material, and the next session and hearing is set for February.  The judge and attorneys talk among themselves.  We can hardly hear what they are saying and decide to go to another courtroom.

Judge: Major Ahsan Halabi

Prosecutor: Noah

Defendant: Mohammed ???

We entered in the middle of a session and heard only that the defendant is charged with membership and activity in the unauthorized organization of Jama'a Al Islamiyyeh. The charge involves propaganda activity only: hanging pictures, distributing leaflets, and participation in marches connected with the elections in 2006, as well as attempts to raise financial help - all of which are considered minor crimes. 

The judge notes that the defendant's attempt to raise funds was unsuccessful.  During the last three months preceding his arrest he was not active at all.

The judge adopts the plea bargain: 14 months imprisonment from the day of arrest, a fine of NIS 1,000 or, alternately, one additional month of imprisonment, and 14 months on probation for 3 years.  

Defendant: Abed Mustafa

The defendant is charged with membership in an unauthorized organization and establishing contacts for [the purpose of] military activity, but the contact was severed, and no harm was done.

An indictment was initially submitted against the defendant charging him with possession of a pipe bomb and establishing contacts, as well as an attempt to establish a new group within the organization, but such a group was never established.  The defendant denies the charges against him.  

Witnesses were summoned who failed to prove the charges.  The only charge that remained was membership and activity in an unauthorized organization,

the Al Aqsa Martyr's Brigade.

The defendant expressed remorse for his actions.   

The charges eliminated from the indictment, the defendant's confession and the plea bargain should be taken into consideration. 

Sentence: 14 months imprisonment, a fine of 2,000 NIS or two months imprisonment, and 12 months probation for 3 years.

Defendant: Tamer Mohammed Dawar Alawi

Defense: Halevi

The defendant appears to be a young boy.  He is charged with offering sanctuary to a wanted man and establishing preliminary contacts for throwing a pipe bomb. 

According to the prosecution, he has no previous record. The defendant confessed to the charges in the indictment.  No harm was caused by his actions.

He promises not to repeat these actions. actions

Sentence: 12 months in jail, a fine of NIS 1,000, and 18 months probation for 3 years (according to a plea bargain).  

We did not manage to catch the name of the next defendant.

Defense: Anna Sa'id

Charge: Membership of one year in a student group, an unauthorized organization belonging to Hamas, during 2003-2004.  At the time of the offense, the defendant was 15 years old and still a minor. 

The defendant studies engineering in Al Najah University [in Nablus].  He has no previous record.  He admits to the charge against him and promises that he will not repeat his actions. 

The judge wishes him success and pronounces the sentence according to the plea bargain reached between the two sides: 49 days in jail, as detention days,

a fine of NIS 1,000 that will be deducted from the NIS 10,000 that he deposited as bail, and 6 months probation for one year. 

Defendant: Mahmud Salah Mohammed Abdallah

Defense: Zahalka

Charged with hostile terrorist activity.

The trial was postponed until January.

Defendant: Yusef Mahmud Abu Salah

Defense: Brihan Khury

The defendant's mother is sitting in the courtroom crying.  The defendant tries to calm her with hand motions. He is charged with establishing contacts with the intention of placing an explosive charge in a bus carrying soldiers and then committing suicide. The defendant pleads guilty. 

The prosecutor: We are talking about a contact not made by the defendant's initiative. The connection was severed at the beginning and no damage was done.

The judge: Anyone who takes any part or agrees to take part in a suicide bombing... must receive a lengthy sentence in order to create a deterrent.

The judge adopts the plea bargain and takes the defendant's guilty plea into account, which saved the court time.

The judge sentences the defendant to 27 months in jail from the day of his arrest, a fine of NIS 7,000, of which 2000 that he already paid will be deducted,

and 24 months probation for 5 years. 

Defendant: Tariq Eshkar

Defense Attorney: Wissam Agbariyeh

Charge: Membership, when he was younger, in a student organisation belonging to the Islamic Jihad, an unauthorized organisation. The defendant was involved in propaganda activities. His actions caused no harm, and he has no previous record. 

Sentence: 11 months in jail, a fine of NIS 1,000, and 14 months probation

for 2 years.

Defendant: Mahmoud Kafayeh

Defense Attorney: Na'el Zakhalka

Charge: manufacturing incendiary material and establishing ties with intent of  manslaughter.

The next hearing was set for 28.1.09.

The court adjourned for recess, and we left after the show...

 

Translation: L.W.

Judge: Major Itai Regev

Investigator: Sergeant Major Hashem Halabi

Defense attorneys: Abu Wassell, Raed Mahamid (from the Prisoners' Club), Sama'an

(from Mahmoud Hassan's office), Louis Huwari (private - hired by family)

(Ra'ed Mahamid tells me that Al Jazeera frequently and admiringly mentions the activities of the women of MachsomWatch.)

Advc. Sama'an complains to the judge about difficulties placed in his way by the commanders of the detention centre when he asks to meet detainees after their prohibition has been lifted. The judge notes in his written decisions that the attorney is to be allowed to meet with them already today. He tells the attorney that he hopes this will help.

Hearings begin at 10:00. The warders treat the detainees with relative delicacy. Today they are not towed out by their shirts while still listening to the judge's decision and dealing with their lawyers.

It appears that conditions in Petah Tikva Detention Centre are particularly problematic, and there have been recent decisions to transfer minors and ill detainees to other detention centres.

At 10:35, the well remembered Barak Ya'ish (see report 23.7.08) arrives, whereupon the so exceptional Petach Tikva behaviour worsens.

The tenth detainee, Said Yunes Mahmoud Amaro, with amputated foot, totters on two crutches. I do not know when his foot was amputated, but his face expresses suffering as he walks. When he walked down the steps, the warders covered his eyes "according to regulations" and dragged him by his arms (according to Advc. Ra'ed who was present when Amaro was removed from the courtroom).

The judge notes to the investigator that there are relatively fewer detainees this year than in previous years (???).

There are 12 detainees, 2 of whom are prohibited (from meeting a lawyer).

1.  Abdulla Ibrahim Abed el Hafez Fukha, ID 851936161, Dir Sharaf, arrested 15.7.08, request: 16 days extention of remand in custody.

Decision: the detainee is to be moved to another interrogation centre if his presence is not required for the investigation.

Remand 16 days.

2. Ahmad Halil Muhammad Mahlouf, ID 921566477, Nablus, arrested 18.7.08,

request: 8 days remand

Advocate Abu Wassell

Decision: 8 days extension of custody.

3. Amin Hatem Amin Mansour, ID 853440691, Nablus, arrested 25.7.08,

request: 8 days

(16 year old minor, barely shaves)

Advocate Ra'ed Mahamid

Decision: 8 days.

For the first time since I have been observing here, the warder allowed the detainee to finish a conversation with his lawyer and didn't drag him out by his shirt. Is this a new era?

4. Abed el Jabar Salim Musa Saris, ID 850472259, Nablus, arrested 14.7.08,

request: 16 days

Advocate Abu Wassell

Decision: the detainee will be transferred to Salem for submission of indictment.

Remand 16 days.

5. Islam Haled Hassan Ahmad, ID 850014507, Balata Refugee Camp, arrested 16.7.08, request: 16 days

Advocate Abu Wassell

Decision: 16 days.

6. Muhammad Yunes Muhammad Amro, ID 9509016007, Dura, arrested 10.7.08,

request: 16 days

Investigator: the detainee was prohibited until today. Prohibition was lifted in order to transfer the file to the prosecution. He is accused of manufacturing explosive charges and was arrested in his home. 

Advocate Sama'an

Decision: 16 days.

7. Ahmad Said Ahmad Amro, ID 851597161, Dura-HebronNablus, arrested 10.7.08,

request: 16 days

Advocate Sama'an

Judge's decision: 16 days. Requests transfer to another detention centre for preparation of the file for prosecution.

8. Kamil Juad Naif Abdi, ID 852373984, Yaabed, arrested 15.7.08,

request: 16 days

Prohibited for 5 days from 20.7.08

Advocate Ra'ed Mahamid

Decision: 12 days.

9.Saher Hassan Muhammad Mansara, ID 851103978, Bani Naim, arrested 22.7.08,

request: 16 days

Advocate Abu Wassell: the detainee is 16 and a half. He had a tiny part in an attempted attack. He only kept watch. His mother is terminally ill. He asks that the detainee be allowed to talk to her on the phone.

He has been prohibited since his arrest until today. The prohibition was lifted today.

Decision: 16 days.

Recommendation to the investigating authority to allow the detainee to phone his mother under conditions to be set by the investigating team.

10. Said Yunes Muhamad Amro, ID 850746769, arrested 10.7.08,

request 16 days.

(Last week his remand was extended for a week. Today the request is for 16 days.)

Advocate Sama'an: requests in the name of the detainee that he be transferred to Ofer, where the route to the courtroom is easier for him. The detainee is an amputee - right foot, and the walking causes considerable suffering, particularly up and down the stairs. He also requests that the judge orders the warders to be considerate of the detainee's physical challenge when they bring him in and out of the courtroom.

Investigator: the detainee is suspected of manufacturing and placing explosives.

Decision: 16 days.

11.Prohibited Samah Muhamad Awad Daher Sharbati, ID 937181279, Hebron,

arrested 23.7.08,

request: 15 days

Prohibited for three days from 29.7.08

Advc. Ra'ed

Decision: 15 days.

12.  Prohibited Tamer Muhamad Ma'arouf Alivi, ID 851956789, Nablus, arrested 21.7.08, request: 16 days

Prohibited for 3 days from 29.7.08 

Advocate Ra'ed.

Decision: 16 days.