Russian Compound, Jerusalem - Barred (from meeting with attorney), Health Problems
Translation: Marganit W.
Judge: Lieut. Col. Zvi Heilbronn
Police Investigator: Zahran Halabi
Defense: Maamoun Hashim, Judd Kadmani
There were two cases in the docket of detainees
barred from seeing counsel.
One of them was a minor.
Before I report on the detainees, whom we could not meet because no civilian is allowed to be present when a judge meets a detainee who is barred from seeing an attorney, I would like to quote from what an attorney said at a press conference [this is taken from Channel 7 website].
Atty. Itamar Ben-Gvir had something important to say about detainees who are prevented from conferring with their attorneys.
Atty. Ben-Gvir: “I saw my client. No lesson has been learned: The same routine is repeated. Last week the District Court struck down the use of “police plants” and yet the same routine was used again. This is a scandal! The Shabac officers have learned nothing. They treated my client roughly, vulgarly, with methods bordering on sexual harassment against women. What does the Shabac have against women? My client was interrogated harshly and cruelly, he was spat on and there was physical contact. If we want to live in a democratic country, someone should stop the Shabac’s behavior! I call upon the Prime Minister to personally intervene and put an end to it.“
I can only wish that Ben-Gvir would include Palestinian detainees in his ‘cri de coeur’.
Khaled Kamal Rashid Nuabit – ID 411013097
Resident of Barka (Ramallah region)
He was arrested on 8.12.18 and this is his fourth remand.
Most of the time (since 26.12) he was barred from seeing counsel.
The charges against him: conspiracy to commit a crime.
Khaled has given a statement to the police and has partially linked himself to the allegation. There are other suspects in the case. Some of the files have already been given to the prosecution.
The investigator requests 11 additional days. After questioning the investigator, Atty. Hashim sums up:
“We have not met the detainee and he has not been counseled by his defense. The investigator says that the detainee spent most of his time in interrogation. We do not know how that investigation is conducted. According to the investigator my client is cooperating and has partly linked himself to the allegations. I ask the court to check up on the detainee.”
A minor, arrested on 5.1.19.
The investigator requests a 12-day remand extension.
The minor is suspected of conspiracy to commit a crime and of aiding and abetting a wanted man. The defense maintained that the minor is the brother of a terrorist not yet caught by the police. All other suspects in the village have already been arrested. Most have been released by now, but not this minor who is the brother of the perpetrator of the attack.
The defense asks: What links the detainee to the crime?
A: It’s in the secret file.
Q: Is he suspected of aiding and abetting another in committing the crime?
A: That too.
Q: Was the arrest based on intelligence?
A: Yes.
Q: Was the interrogation rigorous?
A: Routine.
Q: Has he linked himself to the new findings?
A: Partially.
Q: How is his health?
A: He complains of some medical issues. The Prison doctor is seeing to it.
Defense summation:
The event happened a month ago. Many people - neighbors, acquaintances of the family – were detained and later released. The detainee has not yet given a statement to the police. We do not know what condition he is in because we have not met him. He is an underage boy who has never been in detention before. The fact that he is barred from seeing an attorney prevents proper outside supervision, so the court acts as a defense attorney. Judicial review is called for in this case because the detainee has no access to legal counsel.