Military Courthouse at Ofer, Tuesday, 24.07.07, MorningObservers: Hagit S., Rama Y.Translator: Erez L.Tisha B’Av (A Jewish Fast Day) – courthouse seems to be operating in Sabbath mode.Courtroom 7Detainee: Nigerian (not Arab), lives in Azriya, arrested at his home. Being detained at the Russian Compound.Defense: Attorney Asli Abed – the proceedings take place with no translation into Arabic.Defense: The detainee is a citizen of Nigeria, and is not involved in the conflict. He has been detained for 10 days already, after having been assigned a personal bail of 350,000 NIS and an additional guarantee of bail of 7,000 NIS each from two other parties. During those 10 days, the prosecution never objected to the principle of release on bail. His detention is therefore a punishment, even though no official charges have been brought. Request his release on bail on more reasonable terms (3000-4000 NIS). He is prepared to present himself to the police at the appropriate time.Prosecutor: The charge against the detainee is grave: an attempt to transfer money to Hamas. The prosecutor has not brought official charges because the burden of proof has not yet been met. Defense: What is at issue is a single conversation that the detainee had with someone who is also now being detained. The conversation was about a transfer of funds from Jordan. The word Hamas was never mentioned in this conversation, and there is no evidence relating to this conversation. The detainee wants to return to Nigeria but he is not permitted to do so. He has a problem with the Palestinian Authority, and that is the reason he is being detained. Judge: The police request that they be allowed to complete the investigation, and to continue his detention until that time. It has been a week since that request was made. The detainee was not subjected to any questioning and the prosecution has submitted no charges. There is, therefore, a reason for the detainee to be released under certain conditions that would permit the investigation to reach its end: the detainee will deposit 10,000 NIS; he will be held personally responsible for 30,000 NIS; two other parties will be each held responsible for 15,000 NIS; the detainee will present himself every day at 10:00 at the police station in Ma’ale Adumim, starting tomorrow, for the next 14 days; the police are already in possession of his passport, and they will retain possession; the detainee is not permitted to leave Israel for the next 14 days. The prosecutor is required to bring official charges by the 29th of this month. The detainee will then come before a judge at an appointed time. The defense attorney requests that the detainee’s release be processed the same time at his current detention site (the Russian Compound). We observed some other short proceedings, two of which dealt with requests for release on bail that were not granted: Alid Ibrahim, whose release on bail is being appealed by the prosecutor tomorrow in the appeals division. If the appeal is postponed, and if the detainee manages to come up with the bail, he could be released. An unrepresented detainee, whose name we didn’t catch, was released on 17.07.07 on the condition that he deposits 1,000 NIS, with a personal guarantee of 15,000 NIS, and a third party guarantee of NIS 5,000. He was unable to meet these conditions and so was not released. During the proceedings, there was no simultaneous translation. Present in the courtroom: defense attorneys and prosecutors from all over who participated in explaining to the detainee what was going on and what the judge was saying. Courtroom 2Attorney: ShabitRaad Ali Dib Rib. Two of his relatives are present in the courtroom – both Israeli citizens who live in Lod. The case apparently involves an assault and an alleged rape of the detainee’s wife. His wife agreed to testify against him, and the testimony took place behind closed doors. We were asked to leave the room. The detainee is a resident of the Territories, and is currently in Lod under a special permit because of danger to his life. He denies all charges. We chatted afterwards with his relatives, and they claim, obviously, that the story is made up. Note:: We were wondering why criminal cases involving residents of the Territories are tried in a military court (being unrelated to Israeli security). Attorney Abu Ahmed explained that when criminal acts take place in parts of the Territories that are close to Israeli settlements, the PA cannot exert its own authority and transfers the cases to the Israeli army.