Ashqelon - Remand Extension, Health Problems

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Yael A., Niva Sh

The judge was religious, a lieutenant-colonel, who has in the past refused to tell us his name.

Today, exceptionally, the judge arrived early, at 10 am. We were allowed to enter immediately, without any waiting or stories. After that, all of us waited half an hour until the detaineesinfo-icon were organised.

At 10.30, the discussions began. The first three were preventive detentions. Here is the timetable for each of them:
Detainee 1: Discussion began at 10.30 and finished at 10.40
Detainee 2: Discussion began at 10.41 and finished at 10.50
Detainee 3: Discussion began at 10.50 and finished at 10.55

Prisoner number 4
Amar Avivi, a prisoner since 5/2/08; discussion began at 10.55 and finished at 11.07

Remand extension of detention was requested for 22 days. A secret report was presented to the judge.
The investigator: “On 7/2/08 the family was informed that he was arrested, the sister was questioned and she refused to give her name. The lawyer representing him was Anwar Abu Omar, who is known to us ( ie to the investigator) and he knows the date of the discussion. I request extension of detention.”

The suspect: At the beginning when there was an extension of remand detention, and then another 22 days.  I finished the investigation and those with me finished.  I am a sick man whose health is deteriorating, because I am not receiving proper treatment. I receive medication for my lungs and my eyes. The investigator said to me yesterday that he had finished with me, and am kept in prison because of others.

To the judge's question whether the prisoner had been seen by a doctor, the answer was in the affirmative, but he does not receive treatment and does not see properly.

The decision:
After looking through the file of the investigation, there is a reasonable suspicion.... it was decided to prolong detention for another 15 days.

Prisoner number 5
Discussion began at 11.08; finished at 11.20

Salman Kawsmi. Arrested on 5.2.08

The lawyer, Fahmi Awiwi from Moadon HaAssir visited the prisoner a week ago.

We request extension of detention for 15 days. The lawyer  representing the accused is currently in discussions in Jerusalem. I looked for him until the last moments outside the Ashkelon prison, and I wish to say that if he had arrived at the last moment, the prison warders would brought him in quickly. I request that the judge answers the request in full.

Judge to the prisoner:
Do you understand the request?

I have no problem with the request. But during the investigation, they used a military investigation, not a regular investigation, and they did not show me any orders from the high court in the military investigation. This is a matter which is linked to what happened in Dimona and during the course of the questioning, they discovered that I am not involved. During the military investigation, I gave a long account, and then to the police, I denied the whole story. They took me for investigation again, and I denied it again. On 27/2/08 my detention was finished and on 28/2/08 they prolonged the arrest again for 22 days, and questioned me twice or three times, and said to me that every that is linked to Dimona is discovered and that I am not involved, but because of what I said, there is a suspicion that I know things. Then in the military investigation, I told them this story, to get it off my conscience. Everything was a story, but it seems that part of it was accurate. In the military investigation, there was no logic, I just wanted to get it off my conscience, and it seems that part of it was correct.

The decision:
From looking at the file, there is reasonable suspicion, but the details of the dates of  questioning are missing. and they were requested. I will explain to the investigators that there is a rule for this. Also, in the file, I learn that the accused has a criminal past, and this includes arrest because of belonging to an hostile organization. It is necessary to state that the judgement relates to 10/08/05, and that date points out that the time of the additional investigation was not great. I have taken into account that the accused is not represented in this discussion, and I allow extension of arrest of 12 days until 30/03/08.

Prisoner number 6
Nadel Abu Akram. Discussion began at 11.30
The prisoner does not know who is representing him.

The investigator:
He was arrested on 28/2/08, and his lawyer, Fahmi Awiwi, with whom I spoke this morning,  said to me that he cannot get here on account of hearings in Jerusalem. He agrees to extension of arrest of 11 days, for the investigation to be completed, and the file of the investigation will be brought to the hearing.

Judge to the investigator:
You know me and know that I do not accept such agreements.

The prisoner:
I have no reaction but I want to see a lawyer.

Judge to the prisoner:
Did your lawyer not speak to you?


He claims he is representing you.

The decision:
From looking at the file, I notice that there is a reasonable suspicion relating to the prisoner. according to the investigator, the lawyer representing the prisoner, did talk to him on the topic of the file, from the words of the prisoner, it appears that he does not know the lawyer, Awiwi, and that he has never spoken with him. This state of things is unacceptable and I cannot accept the lack of appearance of the lawyer today, even more so the agreement as stated by the investigator regarding extension of the arrest, when the lawyer, Fahmi Awiwi has not found it necessary to be present at the discussion. In this instance I cannot allow or access the words of the representative of the accused who is supposed to be representing him and the proper process of the investigation. I have taken into account the public interest against the interest of the accused. Detention is prolonged by 8 days until 27/3/08 to allow passage to Ofer.