Ofer - Fines, Membership/activity in unauthorized association

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Nitza Aminov (reporting)

Translation: Marganit W.


“Participating in rallies, in court parlance: massive disturbance of the peace”


On 26.2.18 Muhammad Al-Warasna, from Shayukh village attended a rally, in which he threw rocks from a 30-meter distance.


Muhammad is represented by Atty. Ahlam Haddad.


Judge Lieut.-Col. Sebastian Ossovsky was presented with a plea bargain.


From the Prosecution’s arguments:

“The accused has no prior record, he admitted his guilt, thus saving the court’s time; we took into account his young age and the fact that there was no damage…the jail component is offset by suspended sentence and a monetary component…”

To be sure, there is always a “monetary component”, and in this case it is a 3000-shekel fine.

The agreement includes a 9-months prison time and a 15-months suspended sentence for 5 years for any violation of rock throwing or willful endangerment.

Judge Ossovsky asked the interpreter to explain to Muhammad the implication of suspended sentence: the young man is barred from participating in any protest for five years.


Judge Ossovsky was also presented with a plea agreement in the case of

Samira Halaika.

Halaika is a member of the Palestinian Parliament, representing Hamas movement.

(Let me reiterate that the elections to the Palestinian parliament were sanctioned by Israel. But Israel considers some of the parties “illegal”. 12 members of the Palestinian parliament are currently held in prison.)


Samira was arrested on 9.3.17. After spending time in prison she was released on 20,000-shekel bail.

She is represented by Atty. Shaaban.

She is accused of being a member of Hamas and Kutla Islamiya (Hamas student organization).

She claims she has never been a member of Kutla Islamiya. As MP she was invited to participate in various events, including Kutla, but she was never a member.


Atty. Shaaban told the court that Samira has a 10-year old daughter who suffers from spine condition requiring surgery in Jordan. Medical records were submitted. The attorney moved to impose a minimal suspended sentence.


The agreement reached: 10,000- shekel fine and a 6-months suspended sentence for 3 years for any repeated violation.


The judge added for the protocol: “The authorities should allow a family member to accompany the minor, in accordance with security considerations.”

If you pay attention, this implies that the accompanying adult may not be the mother.