Petah Tikva - Remand Extension, Health Problems

Translation: Bracha Ben-Avraham

A normal day in the courtroom. It is 09:30, but only Attorney Abed is in the courtroom. The judge, Major Itai Regev, is already here but enters the courtroom only at 09:40 and begins remand hearings of 4 barred [from meeting with attorneys] detainees. 

Attorneys Sabah Firas, Ra'ed Mahamid, and Jilal Abu Wassel gradually drift in.  The interrogator is Sergeant-Major Hashem Halabi who looks to me much less aggressive than Atef Awida and willing to offer more plausible answers.  Nevertheless, an exchange takes place between him and Attorney Abed regarding Attorney Abed's request to the judge to note in the protocol that the interrogator, who refuses to answer his questions, is not enabling him to defend his client properly.

Once again we have the story about suspects being brought up and down the two flights of stairs with their hands and feet shackled and their eyes covered.  Not only that, but the detainees are well-trained and replace their eye-coverings and stretch out their hands so the warden can handcuff them.  The war of attrition has evidently ended with the wardens emerging victorious.  Today we did not ask the judge to deal with the matter of eye coverings on the stairs.  He always sides with the prosecution.

There is a new translator today (whom we have not yet met).  He is friendly with the attorneys and talks with them.  He sits in the first row (the suspect is seated in the second row) and translates for the suspects (when he remembers to do so) while facing the judge or the attorneys seated on the left side of the judge's bench.  The suspects stretch their necks as far as they can in order to hear what he says.  But the entire proceeding is a farce anyway, so what difference does it make?  No justice will emerge from it to brighten the heavens.

Today there are to be hearings for 13 detainees - 5 of whom are barred from meeting with an attorney.  However, there are only 12 present.  One of the detainees has been transferred to Ofer Prison, and Abed, his attorney, did not receive any notification.  He complains to the judge.  His client is now without an attorney in the Ofer court, but what difference does it make whether he has one or not?

1. Barred Saliman Salim Alzir, I.D. 941289761 from Hermlah Bethlehem, Arrested 19.12.08. 

Request for remand: 8 days.

Barred from meeting with an attorney: 6 days from 7.1.09.

The judge tells the attorney after the suspect is no longer there, of course, as it is forbidden for anyone who is not a member of the security forces in charge to see him, that the suspect says that he feels good (of course). 

Attorney Mahamid: This is already the fourth time he is barred from meeting with an attorney and the present barring is until 12.1.09. The suspect was arrested when he arrived at a checkpoint. 

Judge's decision: Remand of 8 days. 

2. Kaissar Abed el Aziz Uldiq, I.D. 936544402, from the village Diq,

Arrested 15.12.08.

Request for remand: 15 days.

Attorney Abu Wassel: The suspect was already detained and released in June 2008.  He suffers from a swelling and pain under both ears and has a respiratory problem too. The judge wants to know how long a period do the charges against the suspect entail. The interrogator refuses to answer such a confidential question. The interrogator goes to bring part of the detainee's file from the office and presents it to the judge, who reads it and decides: "Exposing information at a public hearing at this stage will not benefit the detainee himself, nor his defense, and does not require an answer."  The investigation file shows that he was examined by a doctor on 16.12.08 - the day after he was arrested.  

Judge's decision: 8 days remand and treatment for his medical problems.

3. Rami Mohammed Nasser, I.D. 905160941 from Nablus, Arrested 11.12.08

Request for Remand: 8 days.

Attorney: Firas.

Judge's decision: Remand of 8 days.

4. Sudki Hassin Dib, I.D. 904655859 from Adame, Arrested 11.12.08

Request for remand: 8 days

Attorney Firas: Arrested one month ago. Two remands and sentenced in court of appeals. 

Judge's decision: 8 days remand.

5. Omar Jamal Faris Miadma, I.D. 914879445 from Aqraba.  Arrested 30.11.08,

Request for remand: 16 days.

Attorney: Abed                 

Judge's decision: with agreement of the sides, 13 days remand.

6. Fursan Jamil Beni Fadel, I.D. 910666940 from Aqraba, Arrested 28.11.08.

Request for remand: 16 days. 

Attorney: Abed         

Judge's decision: by agreement of both sides, 13 days remand.

7. Munzar Jamal Aater, I.D. 850171828, from Aqraba.  Arrested 28.11.08.

Request for remand: 16 days.

Attorney: Abed                 

Judge's decision: with agreement of the sides, 13 days remand.

8. Mohammed Mahmoud Daour, I.D. 909846628, Arrested 10.12.08.

Request for remand: 8 days.

Attorney Ra'ed Mahanid: This is the detainee's fourth remand.  He works as a driver.  Each time he receives a different vehicle to drive. That's how he makes his living.  He was caught at a checkpoint and combat materiel was found in the vehicle, which did not belong to him.

The investigator refuses to answer where in the car the combat materiel was found the detainee was driving.  He had a passenger in the car who was interrogated and released. The detainee has already given two police statements. 

Judge's decision: He is responsible for any vehicle he is driving. 

8 days remand.

9. Barred: Farouk Mohammed Musa, I.D. 850003583, from Aqraba,

Arrested 19.12.08.

Request for remand: 15 days.

The judge reads the attorney what the suspect said during the closed hearing: "My health is all right. I understood the question.  I have nothing to say about it.  Yesterday I was not allowed to pray. The interrogator prevented me from doing so.  He forced me to pray sitting up and shouted at me while I was praying.  The interrogator's name is Shaul.  I am opposed to being barred [from meeting with an attorney].  If they renew the barring, I will go on a hunger strike."

The suspect's first barring was on 21.12.08.  He gave a police statement on 31.12.08.

Attorney Abed expresses bitterness about the lack of answers on the part of the investigation.  Next time, inshallah, [God willing] he will bring a declaration from the Supreme Court stating that keeping information from the defense hinders the clients' defense.

Judge's decision: 8 days remand.

10. Barred: Mohammed Adel Ibrahim Nazal, I.D. 850206285, from Qalqilya, Arrested 19.12.08.

Request for remand: 15 days.

Barred from meeting with an attorney: 5 days from 3.1.09.

Judge's decision: 15 days remand.

11. Barred: Hammar Nur a-Din Abed al Daoud Aashur, I.D. 947905295,

from Nablus

Arrested 22.12.08.

Request for remand: 8 days.

Extension of barring: 3 days from 6.1.09.

Attorney Mahamid + Abu Wassel: The suspect has not met with an attorney since his arrest. 

Judge's decision: I am convinced that barring the detainee from meeting with an attorney was necessary under the circumstances.

8 days remand.

12. Barred: Shahid Rassan Ziada, I.D. 850459041, from Adame,

Arrested 10.12.08.

Request for remand: 8 days.

Barred from meeting with an attorney: 3 days since 5.1.09.

Judge's decision: 8 days remand.