Ofer - Palestinians staying illegally in Israel, Release on Bail

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Tamar Goldschmidt, Aya Kaniuk, Nitza Aminov (reporting)

Translation: Marganit W.


Much has been written about the small village of Nabi Samuel, whose inhabitants Israel simply wants to disappear.

Read what has been written on the subject in the Mahsanmilim Website:


www.mahsanmilim.com/nabi_samuel.htm (roll down for English)


and also watch Eran Torbiner’s film on Nabi Samuel:





We attended the remand extension hearing of

Ihab Barakat

Judge: Lieut. Col. Hanan Rubinstein.


Atty. Haim Hadaya represented the detainee. He told the court that he is a frequent visitor in Nabi Samuel and knows the detainee’s family well.

In order to suppress and stifle the small village, the villagers are allowed to use only one defined route. The attorney explained: “The residents of Nabi Samuel live in enclosures; they are permitted to use the main road.” But they are forbidden to enter neighboring Givat Zeev.

The detainee was caught driving on his way to help a friend whose car broke down on an adjacent hill. The attorney explained that he was caught a few meters from a plot where his family harvests their olive trees. One cannot carry instruments and measure distances all the time!


The prosecutor, who mindlessly repeats the official line of the system said, “The detainee has a previous violation (last June he was caught staying illegally inside Israel and received a suspended sentence – N. A.).

So it appears that he has no regard for the law and was not deterred. The present violation poses risk, especially in today’s reality.

I move to detain him until the end of the proceedings.”


Ihab’s mother was in the courtroom. She told the attorney that his 2-year old son is about to have stomach surgery soon.


Rejecting the prosecution’s position, the judge saw no reason to doubt the detainee’s claim that he was on his way to help a friend and had no evil intent. He released him against a 3500-shekel deposit, with guarantees by 2 underwriters with Israeli IDs – posting 3500 shekels each. The detainee gave the attorney the names of two Israeli friends who were sure to vouch for him.

When we left, the mother was still there waiting for the payment and the signatures.

The prosecution reacted with the usual knee-jerk motion: request for 78-hour deferment in carrying out the decision. The judge allowed 48, but instructed the prosecution to inform the court if they plan to appeal the decision.


This is not the end of the story: an arraignment hearing was set for 16.10.17.