Russian Compound, Jerusalem - Holding and trading of combat materiel, Remand Extension
Translation: Diana Rubanenko
Judge: Major Nick Kaufmann
Police investigator: Khadr Mustafa
Defence Attorneys: Naji Aamer, Muhammad Mahmoud, Fahmi Shakirat
There are 3 cases in the docket.
Vadiya Ruslan Vadiya Hizmeh, I.D. 851613398
Defence: Attorney Naji Aamer
On 20/12/10 we attended a remand extension session at which the investigators requested a further 15 days to continue the investigation. The suspicion was: “participating in disturbance of the public order”. The detainee was arrested on 3.12.10. Though born in Hizmeh, he is now a resident of the USA. This is his third remand extension.
The police investigator requests 5 more days for the investigation.
After hearing the arguments of the police and the defence counsel, and reading the suspect’s file, the judge decides to extend remand by a single day.
He asks the investigator to check by the following day, if it is necessary to transfer the file to the prosecution, or if to release the suspect.
Muhammad Mahmoud Achmed Sahwil, ID 850926874
Defence: Attorney Muhammad Mahmoud
The suspect was detained on 16.12.10. The police are seeking an extension of remand by 7 more days in order to prepare the file for the prosecution, to examine the incriminators, and to transfer the file to the prosecution.
This is the second remand extension.
The judge inquires if an additional extension of remand is significant for the investigation. The investigator answers in the affirmative: information has come up in recent days and must be examined. There are also incriminators.
Attorney Mahmoud wants to know what material there is, apart from the incriminators, and whether there is one or more.
Answer: Its in the confidential report.
Attorney Mahmoud sums up: he does not consent to such a prolonged extension of remand.
Judge Kaufman sums up: he maintains, among others, that the incriminator’s version that the authorities possess was given two years ago, and it’s not clear why the suspicions were not examined until now. This is the only investigation that the detention requires, and there is no justification in an extension of 7 days. The police must be allowed to perform that investigative act, and to transfer the file to the prosecution.
He extends the detention demand by 3 days.
The police investigator objects: in his opinion the actions required to transfer the file are long and complicated. Besides, there are no remand extensions on Wednesdays.
The judge does not change his mind, to the regret of the investigator.
The third case is of a resident of Jerusalem. An investigator from the Minorities Department is representing the police.
To my regret the investigator, whose first name is Nadav, declines to give his surname.
Muaez Aakef Adas Dissi, ID 301592978
This is a judicial case. The defence counsel is attorney Fahmi Shakirat.
The investigator requests 10 more days for the investigation.
The suspect was detained on 29.12.10 on suspicion of possession of combat materiel. He was interrogated and gave his version, which has been presented to the judge.
The suspect is a resident of Kafr Aqab [annexed to Jerusalem]. He was arrested by the army. The defence counsel argues that since he is a resident of Kafr Aqab [hence a Jerusalem resident], this court has no authority to interrogate him.
The investigator makes it clear that although this is the case, the offences were committed in the Occupied Territories, and the suspect’s accomplice is also from the Territories.
He presents a memorandum from the military prosecution, stating its willingness to judge the detainee.
To several of the defence’s questions, the investigator replies that the material has been presented to the court.
The defence objects to extending remand.
The judge sums up: the application is for extending remand by another 10 days. After having examined the material, his conclusion is that there is a basis to the suspicions attributed to the detainee, and he decides that the court has the authority to hear his case. Although the suspect is an Israeli resident, his life is conducted in the West Bank, and the offences attributed to him were committed in the area of the West Bank. He therefore rules that, at this stage, the court is authorized to hear the case.
He extends the investigation by 8 days.