Military Court in Petach Tikvah, Wednesday, 31.5.06Reporting: Rachela M.Translating: Ilene M.Lawyers: Nizar Machaj’na,from “Nadi El Asir”, Abed Mohammed, from “Antsar A-Sajin”, Firas Sabach from “Damir”, and private lawyers : Ziad Zuaby and Amar Yusuf.Judge: Adi Fogel14 detainees, including one who is forbidden to meet with a lawyer. Chelami Dembik from Nablus ,assistant bank manager, has been detained for 34 days and is prohibited to see an attorney. In the beginning he is represented by a young lawyer from Nazareth, Ziad Zuaby, who has a personal acquaintance with the detainee but is inexperienced in the ways of the military justice system. The following is an exchange between the lawyer and a police representative. (Pay attention to the judge’s role in the discussion)Attorney Zuaby: What is under suspicion? What type of activity is suspected?Police Representative: It’s in the classified reportZuaby: What type of activity is he suspected of?Police representative: It’s classified. I cannot say. Being active in an hostile organization.Zuaby: Is it a specific activity or a number of things?Police representative: The activity and involvement are detailed in the classified report.Zuaby: Is it connection with a member of the Hamas?Police representative: I didn’t say thatZuaby: Can you describe to me the type of activity suspected in a way that will not damage the investigation?Police representative: NoZuaby: Are we speaking of an “active deed” or a suspicion stemming from his status or his presence in a particular place?Police representative: An act he committed. Activity of the HamasZuaby: Has he admitted to this?Police representative: It’s in the classified report.Zuaby: I ask the court to instruct the police representative to reply.Judge: He cannot reply because there is not a yes or no answer.Zuaby: Is there denial or admission of guilt? I request that the police representative reply.Judge: After reviewing the classified report, I have found that there is no room to answer that.Zuaby: The detainee has already been detained for 34 days (since the 18th of April) What has been done during this time?Judge: Do not ask questions that he cannot reply to.Police representative: We are requesting to extend detention for 22 daysZuaby: Is this extra time intended to weaken him?Police representative: NoZuaby: Is this the reason that you cannot reply about what you have done so far?Judge: I am here for you. There are judges that long ago would have told you that you have only two questions. Ask what you wish (How generous-r)Zuaby: The activity that you are requesting to do will take 22 days?Police representative: It is a complicated investigation that justifies a lengthy period.Zuaby: What is so complicated?Police: It’s in the classified report.Zuaby: Is the suspicion connection with a member of the Hamas? Is it connected to the fact that he is a bank manager?Police representative: Not directlyZuaby: That is, we are not speaking about transferring fundsPolice: It’s in the classified reportZuaby: Everything is in the classified report! What else can be said?Judge: (and here we can see the brilliant legal viewpoint of the judge, pay attention to the images) You go to the door, the door is locked, so you go to the window and the window is closed – everything is closed. You try, but don’t be surprised when there are no answers.Zuaby: (suddenly dawning on him))I thought we were in a democratic state .This is about human rights, not even about citizens’ rights. What am I allowed to ask? (Here, I wanted to suggest that he ask about the weather – r)Here, Attorney Zuaby gives up and relinquishes his role in favor of Attorney Abed Muhmmed from “Antsar A-Sajin”. It seems as if the prosecution and the police see Attorney Zuaby as a failure. However, I saw here a rare view of a lawyer who is, for the first time, confronted face to face with the system, and says what more permanent lawyers cannot afford for themselves and their clients to say, challenging those present. I found this to be quite impressive.In conclusion, he read, to the surprise of the judge, the decision of the judge in the previous deliberation : “I am extending the detention with a heavy heart. It could be that we are speaking of an innocent man.” He then spoke of the detainee’s family, that he is a father of twins with birth defects and is leaving them without a source of income. And then Attorney Abed concluded, pointing at the especially flimsy file with only a few pages in it : “I don’t see the justification for so many days and request his immediate release, or an alternative to detention.”The decision: 18 daysDetention of Said Basaam Yasin, director of the legal department in Ansar A-sajin inNablus. Said Bassam Yasin was charged by the prosecution.Husan HamranI wrote about him in a previous report. His investigation has been concluded and he will soon be charged. Last time he was represented by Attorney Andre Rosenthal of an East Jerusalem office. After that, he was represented by Attorney Ibrahim Ibrahim of a Nahariya office manage by Yusuf Amar,who is in court today.