Petah Tikva
Observers: Ada R., Ada H. (Reporting)The entire report appears on the Hebrew siteTranslation: Jonathan M.
Judge: Major Itai Regev,
Prosecutor: Ataf Aweida
Defense Attorneys: Attorney Abed, Attorney Mahajna
Recorder: Corporal Dana Shaham
Translator: Shibil Halbi
Note: Ada R. comments on the “Masculinity” of the situation. Only two elderly women who came to watch and who, of course, do not belong to the system. There are 13 suspects today waiting for remand of custody; four of these are prohibited from meeting an attorney.
The hearings began at 09:30. Attorney Mahajna did not arrive until 10:00, so the suspects that were prohibited from meeting with an attorney were shown in first. Attorney Abed tells me that the detainees
complained that the wardens strip searched them the night before. They made everyone take of their cloths and conducted humiliating physical examinations (this was probably part of a wider police activity, since such activity took place also in the “Ktziot” prison where Palestinian prisoners are held. That prison was the site of a riot in which one prisoner was killed and several were wounded).
The warden, who is relatively old, pushes and hastens the detainees up and down the stairs; he pushes them from behind as they are talking to their attorney. The corridor is filled with the shouting of the policemen who are pushing/dragging the chained detainees. When the judge is approached on the subject he responds that he did not see anything and so cannot say anything. Later he changes his response and reprimands the warden. The air conditioner is noisy. Attorney Mahajna and the judge are whispering to each other and the translator translates simultaneously. It is quite difficult to understand what is said.
The four detainees who are barred from meeting with an attorney are brought in first one after the other, but their verdicts are given together at the end of all the hearings. We noticed that whenever the attorneys object to the remand in custody request, they always add that it is also possible to settle for a shorter period. I wonder why they always offer a compromise even though they object to the request.
Suspect no. 11 has been in detention for a month and a half and he has been remanded in custody for another 30 days. He complained about methods of intimidation and isolation. I wonder if anyone is supervising the wardens when they get custody of the detainees for such long periods of time without seeing a judge. The issue could at least be brought up.
- Barred: Haled Jamal Mahmmud Adili, Yatma, arrested 13.10.07, Request: 22 days.
Prohibited from meeting a lawyer until 18.10.07.
Attorney Abed: objecting to the request. Since the investigation is at its initial stage there is no basis for requesting 22 days for its completion. It is possible for a remand in custody to become unnecessary if the investigation ends before the requested time period. This is the suspect’s first arrest and there is no information about the investigation methods. It is suggested that the court tighten its judicial supervision of the investigation. A remand in custody of one week is quite enough if the investigation is told to put more effort into its work.
Decision: Remand in custody for 8 days. During this week the investigation program is to be updated according to progress and an additional request is to be filed if necessary.
- Barred: Samar Musa Mustafa Gamhur, Beit Anan, Arrested: 11.10.07, Request: 15 days.
Prohibited from meeting a lawyer until 21.10.07.
Attorney Mahajna: Objects to the request. The suspect was arrested 6 days ago. The investigation is in its initial stage. He is also barred from meeting with his attorney. It is impossible at this stage to discuss the accusations. We are in the dark and have no option but to leave the matter in the hands of the court, to go over the investigation file and decide whether the request is appropriate.
Decision: Remand in custody for 15 days.
- Nahed Rashid Shakirat, Nablus, Arrested: 21.9.07, Request: 22 Days.
Attorney Abed: How many of the people involved have not been interrogated yet?
Investigator: I do not have an answer.
Defense Attorney: Do you even know how many people are involved?
Investigator: Yes
Defense Attorney: There are a number of suspects that are in custody, perhaps even all of them. The suspect has given a statement to the police. Most of the actions requested by the prosecution have already taken place. We trust the court to remand custody for no longer than a week. It is time this investigation comes to a close (the suspect tries to explain something to the prosecutor, but he signals him to be quiet since the judge is speaking)
The suspect gets up and addresses the judge: “…I am at the ending phase of my interrogation. The situation at home is very bad. I am worried about my family. We too deserve to be treated like human beings. Twice during this investigation I’ve been put in solitary confinement. Before entering solitary confinement I was subject to a very severe strip search. Despite the fact that we were searched for weapons when we were first arrested we were strip search again in a very humiliating way.
Decision: Remand in custody for 15 days. The investigation has been carried out appropriately and there has been real progress. The extra time requested by the prosecution has to do directly with the investigation.
In response to the suspect’s statement regarding his treatment, I must state that the prison authority is responsible for the well being of the suspect and that of other detainees. As a result of this responsibility the authorities can take punitive acts and perform searches in order to ensure that detainees do not posses equipment that can be used to harm them or others. There is no need to mention that even when punitive actions and activities to maintain law and order are taken, it is important to do the utmost in order to preserve the dignity of the detainees (the judge instructs the defense attorney to report this order to all other suspects).
- Amgad Alian Sa’ad Zamel, I.D 988163580, Nablus, Arrested: 10.9.07, Request: 15 Days.
Attorney Abed: Also this suspect complained that he was strip searched in a humiliating way. We object to the request. The suspect has been in custody for about 40 days and has been interrogated thoroughly. He denies the accusations. Up until today the police have not taken an official statement from him. The investigating authority is not doing enough in order to promote the investigation. I ask to shorten his detention to one week only
Decision: In the last hearing the court determined that suspicions against the suspect were based on classified intelligence. As the investigation progressed certain evidence has emerged tying the suspect to current activities against regional security. Custody is remanded for 15 days. יון