Military Court at Ofer, Thursday, 24.05.07Observers: Tami G., Aya K., Hava H, (reporting) Transl. Lydia A4 security guards at the Separation Fence fired, on Monday afternoon, at 5 journalists who tried to approach anti-Fence demonstrators around Har Efrat. In the pictures taken by Mussa El Shaar, of the AFP agency, one of the security guards is seen firing an Uzi gun at the demonstrators. This was reported in the Israeli press. (YNET 21.05.07) However, a session in the military court, concerning remand/release of 2 of the demonstrators, presents a different story.Defense: Gaby LaskiThe suspects: Ibrahim Muhmad Swayi and Daoud Ali Saad. The defense lawyer handed the judge a disc recording the event, the judge refused to take it, then took it, but at the end of the proceedings gave it back to the lawyer saying that it was not needed in view of the decision. I’m quoting from the protocol of the trail. Remarks in brackets are mine.Defense: I repeat my request and beg to add the following: Under discussion is a plot of land belonging to the petitioner, where his apricot and fig trees had been uprooted by the army the night before the event, in preparation to building the fence and installing a sewer system for the Efrat settlement. They accepted it sadly, though without taking any action – they were just sitting there crying in their pain. The next day, the day of their arrest, residents of the village came over. (It was apparently then that the security guards started firing at them and at the two men suspected of attacking the guards.) They were interrogated on the same day and the investigation was completed. The fact that – according to my colleague – no soldiers were found willing to give evidence is not sufficient reason to leave them in detention beyond the days they had already been there, especially since they were already questioned and gave their version. The suspect: we had been in that place for 12 days prior to the event. We set up tents there in the evening and photographers were there all the time and there was no trouble. Decision: the request is for release from detention of suspects detained by police order acting within their authority. I read their representative’s request and listened attentively to her arguments. I also perused the evidence material which has accumulated in the file since the event. The event seems to have gotten some publicity and appeared on TV, though I did not have the privilege of seeing it. The evidence material shows that the suspects have already given evidence and their version definitely denies any criminal action. I also read the evidence given by the soldier who implicated them – Nir Apriat – he identified suspect no.3, whereas suspect no. 1 was seen and identified by him only at the police station. The soldier identified suspect no. 1 as the one who had attacked him. However, it turns out that there were a number of people there wearing similar red shirts and the soldier could not possibly be sure that he had identified the suspect no.3, since there was no eye contact. The evidence at this stage linking suspect no.1 with any kind of offense is weak or none-existent. As for suspect no.3, solid evidence exists only concerning the fact of the attack, though I prefer not to discuss the weight of this evidence. The decision in the matter will be made by the judge at the trial, should indictment be served. I cannot see how the suspects could interfere with the investigation if released on appropriate bail since in any case they have no contact with and no influence on the soldiers whom the police wants to question, and should the suspects be needed for investigation it they can be made to report for it by an option of arresting them. I wish to emphasize the shooting by the Separation Fence security guards at residents, whose 50 fig and apricot trees had been uprooted that very night, without the slightest effort to ease the suffering of the residents, which was indeed great. Considering the tension and the pain involved, the security guards should have acted with restraint rather than shoot right away in a Wild West style. Before concluding this decision I wish to quote a saying by the soldier N.A., p.1: “ We received a report from a soldier of the Shimshon battalion about 50-60 ‘two-legged creatures'” – I cannot but express my disgust with this contemptuous expression, which speaks volumes about the man who used it. I cannot say whether this is the style of the witness or of the investigator who wrote it down. Another suspect arrested with the suspects was released and the police admitted that there was no evidence against him. My instruction is to release the suspects on bail. Each one will deposit 7,000 NIS in cash at the court office and a guarantor will sign for the same amount to ensure their appearance at investigation or court. Another condition is that the suspects should appear for investigation the next Sunday at the Etzyion police station and subsequently at any date set by the police. End of protocol. Gaby Lasky argued that, bearing in mind that the suspects have just been deprived of the source of their income (50 fruit trees), the amount imposed on them is excessive. The suspects themselves looked worried on hearing the sum, but the judge said that the sums are not too high since the guarantees are meant to ensure their appearance at investigation (have not they already been investigated?) whenever they are summoned. Badr Rabiya Elharini, of Ras Hamis, a teacher, working at the Peres Peace Center. No lawyer – he represents himself in fluent Hebrew. He too was arrested on charge of attacking a soldier (who would believe such nonsense?) On Wednesday, May 16, at 3 a.m., soldiers broke into the family home to detain Badr’s brother, who lives with the parents. The parents called Badr asking him to come at once. In the meantime the soldiers “turned the house upside down”, i.e. broke windows, a closet, threw out anything movable, etc. According to the family, they also stole a large sum of money which they found in the house. The younger brother wanted to stop them and a soldier moved in his direction to beat him. Badr grasped the soldier’s hand. The soldier grabbed him by the neck and started strangling him. Badr forcefully pulled the soldier’s hand from his neck and tore his watch. This enraged the soldier who, together with some others, attacked Badr with heavy blows and arrested him on the charge of attacking a soldier. The judge, whose name I could not catch, decided that Badr was not dangerous, that he should be released on 5,000 NIS bail and two guarantees for a similar amount. Badr looked shocked. The prosecutor asked for a 72-hour deferral in the release but the judge noted that the deferral would then end on Shabbat. It was decided to release Badr on Sunday morning on bail as decreed by the judge. I called Badr’s wife to tell her about the decision. I talked to Badr on Sunday night and indeed he had been released on bail. He plans to sue the army for damages.