Military court Ofer, Monday, 9.10.06 AMObservers:Hava B., Tova s., Roni H. (reporting)In an intermission we had a long conversation with the defense lawyer Shahin, who works for the non-profit organisation “Nadi el Assir” (Prisoner’s Club). He explained that in this organisation four lawyers attend to one arrested person: one lawyer visits him in the police prison, as soon as he is arrested (when he is not incommunicado, of course), another one represents him at court before the charges are submitted (prolongation of arrest), a third one visits the defendant in prison and documents his case and a fourth one defends him in the hearings at court until the sentence is given. This is Shahin’s assignment.He also explained that under certain conditions it could be useful for the defendant (and not only for the judges) if the defense comes to an agreement with the prosecution, because certain charges can be dropped, the procedures do not last so long and the defendent does not spend more that necessary in prison. On the other hand, of course, these agreements increase the numbers of persons pleading “guilty”, although they are not.He pointed out to the fact that lately many young people are being recruited to the Jihad although they have no idea what the Jihad represents. He is worried that external interests might be involved here.Shahin himself travels every day from Daharye to Jerusalem which takes him 4 hours in each direction!Room Nr.4, Judge Ronen Atzmon1) 9:40 – 9:45 File 3747/04 – Mushir el Halabi – Lawyer A Tawil – charge: attempt at manslaughter – reminderThe defendant and his parents are present – the date of new hearing: 29.11.062) 9:45 -10:05 File 3716/06 – Shadi Shelalda – Lawyer Jamal Mahamid – charge: attempt at manslaughter – readingShadi is charged with shooting at the car of a certain Shaul Halfon on 16.4.06. The lawyer denies the charge and claims that Shadi has an alibi – he was imprisoned in a PA prison between 12. – 19.4. – he needs to prepare documents to prove it – this is not so simple, because some of the people who could testify to his detention will not want to come to an Israeli military court, or cannot come! Shadi was investigator in the drug department of the Paestinian police and was caught with drugs himsself. Mahamid asks to postpone the hearing to 29.11.06Room Nr.1 – Judge Liberman1) 10:10 – File 1372/06 – Sami Alayan – Lawyer Iliya Teodori – charge: membership in hostile organization – evidenceSami has paricipated in meetings and processions of Hamas and did fly a flag (!). In the year 2000 he has been already charged with membership and was paroled. Now he is sentenced to 16 months imprisonment and 12 month on probation.2) 10:25 – File 4951 and 4952 to be decided tomorrow- Lawyer Hassan – charge: damaging an army vehicle – the defendants confessedThe prosecution is not ready – the hearing will take place the next day.3) 10:35 defendant Sadam Hussein, lawyer ShahinSadam has not seen his father for 6 months and since his father is blind, the lawyer asks to seat him in the first row. But when the son speaks to his father in a clear voice, the soldiers protest and put the father back into the last row. Sadam is a Palestinian policeman and when his village was attacked by Israeli soldiers, he defended it.4) 10:40 File 2174/05 – Basem Ka’aki – Lawyer Shahin (?) – charge: arms tradeIs imprisoned since 1.2.05. No family present . Next hearing: 13.11.06 – expected sentence: 3 – 5 years imprisonment.Then followed an irritating bringing-in and bringing-back of defendants and a constant change of lawyers. The overall impression was that of a treadmill of law suits and of boredon and indifference of the side of the judge, who left the room at 11:00. Room Nr.2 – Judges Tirosh, Kaufman, DahanWe come in in the middle of an interrogation of a defendant by the prosecution. There are many questions connected to the geography of the area of Hebron but the defendant cannot answer in terms of north and south and very soon it becomes obvious that the interrogation is quite fruitless. The charge seems to be shooting on a vehicle. Next hearing: 19.10.06 – Lawyer HaarefNext case: File Nr. 1858/04 – charge: attempt at manslaughter – lawyer: Samara transfers the legal representation to lawyer Avi Ben Ami and the next hearing is on 29.10.06.