Petah Tikva - Danger to Regional Security, Remand Extension
Translation: L.W.
The hearings were brought forward from Wednesday because tomorrow, Monday, is the eve of Rosh Hashana. Advc. Raed Mahamid showed me an order from Lt. Col. Yoram Haniel, in a verdict given regarding detention days determining according to the work of Petach Tikva and Kishon courts, the remands as 8, 15 days, etc. In his opinion, the distortion must be corrected to permit other frameworks that will expand the judicial discretion: “I order the content of my decision be brought to the president of this court in order that he should give his opinion on the matter.”
Meanwhile, it seems that the presiding judge did not have time to give his opinion...
The investigator argued, regarding each of the detainees
, that the reason for multiplicity of remand days (most requests being for 18 days) is due to the Jewish holidays “with which we are blessed,” when no one works and it is not possible to advance with the investigation. The judge, of course and in his fashion, accepted the argument, and 18 days were given with ease. It would be interesting to know whether such an approach would be so easily agreed to among hospital doctors. The need of the investigators for holidays from work is balanced in their eyes against the total deprivation of freedom for the detainees.
Today there are 12 detainees – among them 6 prohbited from meeting a lawyer.
Hearings began at 10:10 and all were finished by 12:20.
Hearings in the case of the first (female) detainee took place at the end of the second hearing in court. The hearings on the 5 prohibitees remaining took place at the end of all the remand cases.
There was a loud outburst in the courtroom between Advc. Samaan and the head of the police group, Kobi Attias. The policeman did not let the lawyer talk to his client in the corridor before or after the hearing. The judge allowed the argument to continue without intervening. He turned his head towards the stenographer as if he was not present in the room.
It must be noted that Attias is good in that he does not allow pushing or pressure on the detainees on their way to and from the courtroom.
Judge: Major Itai Regev
Investigator: Sergeant Major Aatef Ouida
Defense attorneys: Raad Mahamid, Samar Samman
1. Prohibited Sanabel Nabag Yussuf Brik, ID 852474386, Nablus, arrested 22.8.08, request: 8 days remand
Prohibition, four days from 25.9.08.
She is accused of throwing acid in the face of a soldier at Huwwara Checkpoint (when being allowed to use the humanitarian lane). She is completely covered, and it is difficult to see her face, but the thinness of her body indicates anorexia.
The judge tells Advc. Raed Mahamid, who represents her today, that she claims to feel well and has no requests. In response to defence questions about the charges against her, the investigator says that he cannot detail them, and they are in the classified material.
Decision: while calling the charges “strike against the security of the region,” the judge rules 8 days remand.
2. Prohibited Osama Muhammad Abd Shahrur, ID 909881518, Balata, arrested 24.9.08, request: 18 days
Prohibition, five days from 25.9.08.
Defence: Raad Mahamid
Decision: 18 days.
3. Haled Midhat Naim Gazal, ID 907568042, Nablus, arrested 4.9.08, request: 18 days
Defence: Raad Mahamid: the detainee was prohibited already from 9.9.08, and this is already his fourth remand extension. He has been detained 22 days...
Decision: 8 days.
4. Mustafa Kafah Mustafa Mizlah, ID 850562372, Beit Furiq, arrested 7.9.08, request: 16 days
Defence: Raad Mahamid: the detainee has already been detained three weeks.
Investigator: the investigation is already in final stages, and the file is being prepared for the prosecution. “I will note that in the holidays with which we are blessed, we lose work days.”
Decision: the suspect was to be detained until 2.10.08, but is brought today because of the holiday. Extension 16 days.
5. Ziad Shehada Salim Dar Halil, ID 850971227, Jilazun Refugee Camp, arrested 9.9.08, request: 16 days
Investigator: detention was to end on 1.10.08, but is brought before judge today because of the holidays.
Defence: Raed Mahamid
Decision: 16 days.
6. Amid Nader Abd Al Aziz Shilabi, ID 851973610, Nablus, arrested 15.9.08, request: 16 days
Investigator: detention was to end in four days time, but is brought before judge today because of the holidays (in which we don’t work).
Defence: Raed Mahamid
Decision: 16 days.
7. Prohibited Watzaf Amad Watzaf Abd Al Fatah, ID 850924101, arrested 24.9.08, request: 18 days
Prohibited for five days from 25.9.08.
Defence: Raad Mahamid
Decision: 18 days.
8. Prohibited Mustafa Hassin Mustafa Sharaka, ID 850368648, request: 18 days
Prohibition, 5 days from 28.9.08.
Defence: Raad Mahamid
Decision: 18 days.
9. Aamar Yasser Achmad Zalah, ID 945868057, Azira A Kabalia, arrested 23.9.08, request: 18 days
Defence: Samaar Samaan: the detainee’s 16 year old younger brother was killed four days before his arrest – it is not known why or by whom he was killed, perhaps by mistake. The detainee has been prohibited since his arrest and until today, and it was impossible to coordinate a meet in these circumstances.
Decision: 18 days.
The judge now relates to the attorney’s complaints about the possibility of speaking with his client outside the courtroom, and contends that there is no infrastructure for such a meet in the corridor, and the meeting must be coordinated with the detention centre authorities.
10. Tamr Haled Naif Aamar, ID 852517549, Kafr Kalil, arrested 4.9.08, request: 18 days
Defence: Raad Mahamid: the detainee was prohibited. Requests from the investigator the dates and lengths of prohibition.
The investigator examines the file, but does not find all the prohibition orders, but only a part.
Decision: 18 days.
11. Prohibited Ahmad Jamil Yussuf Sharaka, ID 853070274, Jilazun Refugee Camp, arrested 22.9.08, request: 8 days
Prohibited for five days from 24.9.08.
Defence: Raad Mahamid
Decision: 8 days.
12. Prohibited Ahmad Jamil Yussuf Sharaka, Nablus, arrested 24.9.08, request: 18 days
Prohibition, four days from 24.9.08.
Defence: Raad Mahamid
Decision: 18 days.