Russian Compound, Jerusalem - Plea Bargain, Stone Throwing
Judge: Captain Moti Schiff
Defense Attorney: Anwar Abulafia
For statistics: ten files on remand extensions, five prohibited and five in open court. Of the latter – two ended in agreement, and three detainees won a hearing on their case.
The detainee (we did not catch his name), is a young man of 22 and appears to be ill. He is a student of law in his last year. He was arrested on 5.12.07, in other words he has spent more than a month in detention. This is his third remand extension, and the investigator is asking for another 21 days. The detainee met his lawyer for the first time today, on the bench in the corridor, and this was the opportunity for the attorney to receive information about his client.
Attorney: did he make a statement?
Investigator: no. He did not give police testimony (we were about to learn what was considered police testimony by the investigator).
Attorney: he told me that he answered every question.
Investigator: correct (here it comes...). He denies everything.
Attorney: are you aware that he is ill?
Investigator: yes, he is under constant supervision by a doctor. His detention conditions are no different from those of other detainees, and the doctor approved these conditions.
At this point, the investigator submitted to the judge memos from the interrogations and secret reports.
Attorney: we are talking about an ill man. The length of detention is very long. In Israel it is permissible to hold someone in remand for interrogation only for 15 days, this according to Basic Law: Dignity of Man and his Liberty. He has denied everything. I request the release of the detainee to an alternative to remand: after all, there is no danger of him taking flight, and I suggest a number of alternatives – a financial deposit (bail) and people who will sign as guarantors on a bail document at the wish of the court.
The detainee asked for, and received the right to speak. He complimented Israel as a state of law, and described his health difficulties in the prison cell.
Decision: suspected of membership in a hostile organisation... Carried out extensive activity in that frame (he looks unable to carry out any activity). I have studied the investigative material... Reasonable suspicion... Fear of escape.
Remand extension until 14.1.08. If there will be developments in the investigation, the prosecution has an open road to remand extension requests.
Ahmad Hasuna. Will be 18 in two months time. Minor according to the attorney. Adult according to regional regulations. Requested extension – 25 days. The investigator offered a bargain. The attorney refused..Suspicion: membership of, and activity in Hamas.
Attorney: any answers given?
Investigator: yes, denies everything.
Attorney: is it correct that the activity attributed to him is football and table tennis?
Investigator: no, there are other suspicions and the investigation is at its peak.
Attorney: political activity?
Investigator: in the secret report.
Investigator: in the secret report.
Attorney: conspiracy for military activity?
Investigator: four times I have told you, it’s all in the secret report
Attorney: this is the fourth extension. What interrogative activities will you still do?
Investigator: in the secret report...
Attorney: new activities, or activities already done?
Investigator: in the secret report...............
The attorney asked for an alternative to remand, and the judge decided to extend to 21.1.08.
We did not succeed in learning properly about the third and fifth detainees, because the defence attorney, Ma'amun Hashim, had reached agreement with the investigator while the accused were sitting on the bench. Handcuffs, blindfold, and out...
The fourth and sixth were both prohibited.
The seventh and last detainee was represented by Advocate Ayub. He is Israeli and it was noticeable. He refused an extension of 11 days by agreement, and demanded to cross examine the investigator. It evolved that investigation of the detainee was terminated, but that a few of the boy’s partners were still being interrogated for throwing stones.
Attorney: so he is your hostage until you finish interrogating them all? He has already admitted throwing stones six times on Route 443. It is a simple file, two hours should be enough; there is no need for 18 days in order to write the indictment.
Decision: serious offences... Miracle no one was hurt... issue of danger...
Remand extension until 13.1.08 for transfer of the file to the prosecution.
After them, there were three more prohibited detainees