Migrash Ha’Rusim, Military Court Thursday 24.8.06 AMObserved by: Chava H. and Yael N.Translation: Miriam E.This was my first visit to the lockup and the military court, and it was quite hard to see. Overview: The hearings start at 11 a.m.; we arrived at 1:30 p.m. Present were the judge, Major Fleishman; the police plaintiff, Avi Akiva; an interpreter and court reporter; lawyers; the accused in order of appearance below; the audience, including two MachsomWatch members (except for one hearing in which two family members―Jerusalemites―of the accused were present).The remand extensions of one woman and five men―one a Hamas minister in the Palestinian Cabinet―were being heard. The woman and one man were prevented from seeing a lawyer, and their respective hearings were held in their absence. Another man who was prevented from seeing a lawyer came in for a hearing as we were leaving. In all of the cases, remand was extended as per police request.All of the male detainees were handcuffed, had their feet bound, and were blindfolded; the cuffs and blindfolds were removed before they were brought into the courtroom, but not the leg bonds. All bonds that had been removed were replaced on the detainees’ exit from the courtroom.The detainees wait for a long time in the hall, standing, with their faces to the wall, sometimes in a narrow space behind the door. I asked if a detainee who had been waiting a long time could sit, but it was explained to me that the detainees are prohibited from seeing one another. Apparently Israel’s security depends upon their remaining in a standing position―it’s not enough that they’re blindfolded.I will point out that Judge Major Fleishman checked each file carefully and quoted from the interrogations (evidential material) for the record. He tried to give the impression that verdicts regarding remand extensions are not automatic. He even pointed out (for our benefit?) that he always checks that there is evidence before issuing a verdict, thus preventing the appearance of lawyers’ requests for another hearing in the detainees’ files. The judge also made sure to ask every defendant if s/he had any medical or other requests.On the way to the courtroom, we passed the lockup. The disgraceful conditions in which the detainees are kept cause me to ask a longstanding question: These detainees, against whom indictments still have not been submitted, and who have certainly not been sentenced, and thus have not even been convicted, are being punished here by being deprived of their freedom in worse conditions than those of convicted criminals. The detainees:1. A young woman prevented from seeing a lawyer (we didn’t catch her name) being represented by Attorney Firas of A-Damir [Prisoners’ Support and Human Rights Association] The plaintiff submits a confidential report to the judge. He requests a (first) extension of remand, and the lawyer accedes. The woman is brought in. When she is told that her lawyer agreed to an extension of remand, she asked to be told who appointed her a lawyer without her knowledge; it turns out that her brother had called A-Damir.2. Saada Ali Safi Hamayil, a young man represented by Attorney Firas. The judge reads (for the record) from the accused’s confession: “Acquired a Kalachnikov rifle and fired it; acquired bullets; was invited to take part in a terror act; expressed willingness to keep an explosive [in his possession].”The judge extends his remand for 11 days in order to complete the interrogation and handing over of his file for a military trial at Ofer, where an indictment will be submitted, as well as a request for detainment until the close of proceedings. The lawyer agrees to the remand extension. In answer to the judge’s question to the accused if he has any requests, the accused asks for his cell phone and documents that had been confiscated at the time of arrest. The judge instructs for the return of the detainee’s belongings.3. A young man (we didn’t catch his name). Today he has no legal counsel due to a lawyers’ strike in Nadi al-Asir [An organization for the prisoner] because they have not received salaries for half a year. The detainee’s file reads: “Planning to steal bullets with intent to sell them”. In addition, he is suspected of agreeing to carry out a grenade attack on settlers’ cars. He also got his remand extended for 11 days in order to complete the interrogation and submission of a indictment. Grounds for arrest: Suspected threat to public safety. The detainee agreed to the extension.4. Husam Mahmad Saliman Hadar, represented by Attorney Firas. The detainee’s file reads: “The suspect participated in handing out Al Kotleh Al Islamiya fliers; collecting money for Al Kotleh Al Islamiya; admitted participating in dozens of Al Kotleh Al Islamiya processions; threw stones at the IDF;and was incriminated by another The suspect looks frightened and distraught, as if he does not agree with the charges. The lawyer speaks to him, calming him. With the lawyer’s agreement, his remand too is extended 11 days in order to submit an indictment.5. Mahmud Haled Mashcham, prevented from seeing a lawyer. 18 years old, but looks 14. We were not present.6. Palestinian Minister for Jerusalem Affairs and Hamas member Haled Abu Arfeh, represented by a private lawyer, Osama Saadi, and another lawyer. Abu Arfeh was arrested on June 29, 2006, and this is his eighth remand extension. During his detainment, our Interior Minister revoked his Jerusalem Permanent Resident status (as well as that of three other Hamas members). There is a petition in the High Court questioning the legality of this measure.In this case, the proceedings appear more like those of a regular trial. The plaintiff asks for a remand extension. The defense makes a short speech: “An investigation is not being conducted, there is no indictment, the long detention is an administrative detention”. He proposes the suspect’s immediate release. The judge reads the file carefully and sends the plaintiff to bring a missing report. Twenty minutes of precious court time passes until the plaintiff brings the report. Yet the judge does not release the accused, because the interrogation was only conducted recently, and questions arose [therein] that require more processing. There is a tangible suspicion that Abu Arfeh’s release that day may disrupt this specific processing. In conclusion, the judge instructs for the extension of his remand by another week, until this coming Thursday, and for the police to appear when it is ready and perform the rest of the processing.Present in the courtroom were Abu Arfeh’s wife and brother. They are Jerusalem residents, and therefore could come. Abu Arfeh speaks briefly with and embraces and kisses his wife and brother without interference by the guards. At the close of the hearing, we went out and spoke with them. Abu Arfeh’s wife was emotional, even as we expressed our solidarity with their suffering. His brother expressed appreciation for MachsomWatch’s activities.