Ofer - Plea Bargain, Release on Bail

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Ofra Ben-Artzi, Hagit Shlonsky (both reporting)

Translation: Marganit W.


Hagit’s report

Courtroom 5

Judge: Major Shmuel Fleischman

Prosecutor: ?


22 arraignment cases are in the docket.

The charges – by order of prevalence: throwing objects, membership and activity in an unlawful organization, exit from “the region” without permit, and others.


Fadel Tamimi – Case No. 2697/11

(See earlier report from 28.4.11).

Fadel was released on bail on Monday, 16.5.11.

Attorney Lymor Goldstein has not yet received the investigation material from the prosecution; this includes a videocassette, which forms the basis of the evidence. The defense requests a postponement.

The next hearing is set for 27.7.11 at 9:30 AM.


Abbas Abdel Karim Diab Saada – Case No. 2707/11

Defense attorney Munther Abu Ahmed presents a plea bargain reached with the prosecution: two charges will be expunged and the defendant will admit to two out of the four charges in the indictment. The remaining charges are: breaking into a car in French Hill (Jerusalem) and an attempt to steal it; entry into Givat-Zeev (Jerusalem) without a permit.

The defendant  expresses remorse, which prompts the judge to say: “I don’t believe you. This is what you said on the last 4 or 5 occasions.”  It turns out that in 2002 the defendant was sentenced to 8 months in jail, and in 2003 he repeated the offenses and was sentenced by the Magistrate Court in Jerusalem to 6 months. He went to jail again, when a suspended sentence was put into effect.

The judge scoffs at the claim that the illegal entry into Israel was presented as a search for work, when in fact it was carried out in order to commit a property violation. The judge turns to us (the observers) saying: Write it down: “for reasons of livelihood…”

Sentence: 91 days in jail plus a stiff suspended sentence: 24 months for 3 years (for break-in and car theft). I was unable to hear if the suspended sentence includes the illegal entry into Israel [H.S.]


Iyad Raed Hatib – Case No. 2877/11. A boy of barely 15, accused of throwing rocks. He has been detained for 12 days and shows signs of having been beaten.

(see earlier report from 8.5.11)

Since the defendant is a minor, the trial before Justice Fleischman is conducted behind closed doors. The judge decides to release him to house arrest under the supervision of his mother and another person. There are also heavy sums to be posted as bail.

Implementation of the decision is postponed because the prosecution plans to appeal.


Naji Majed Ribhi Arar – Case No. 2546/11

(see earlier reports from 10.4.11 and 28.4.11)

At the defense’s request arraignment is set for 22.6.11 in Justice Fleischman’s court.


Three additional detaineesinfo-icon represented by Atty. Lymor Goldstein (see earlier report from 28.4.11) will be arraigned before Justice Fleischman:


Fathi Hamdalla Arar – Case No. 2753/11

Muhammad Kassem Arar – Case No. 2754/11

Alaa Abdullah Said Suleiman – Case No. 2698/11


Courtroom 3 – Court of Appeal

Judge: Nissim Sarousi

Prosecutor: Dvir Peleg


Atty. Muhammad Aabed appealed the administrative detention of a 27-year old detainee, married and father of a babyinfo-icon, who was arrested a month ago.

The defense argued: the detainee is haunted by his past: he has been detained 4 times before. The last time he was released form administrative detention was two years ago. In each case the charge was membership and activity in an illegal organization. In his youth he belonged to an organization, and since then he has been unable to shake off the label. Today, the defense claims, the area is governed by the PA and people it considers undesirable are reported to the Israeli authorities.

After his last release, the man got married and opened a store. Suddenly, he was again arrested. The GSS forces people who have rehabilitated themselves to return to their past lives.

The prosecutor moves to reschedule the appeal and maintain the detention order. He gives no reasons.

The detainee tells the judge: I used to belong to the Islamic Jihad, but I left the organization, just like Ariel Sharon who left the Likud…



Ofra’s report

Courtroom 2

Judge: Major Amir Dahan

Prosecutor: Captain Michael Avitan

Defense: Atty. Ilya Theorody


Tarek Shaheen – Case No. 2605/11, suspected of membership and activity in an illegal organization, 19 years old, from Daheisha refugee camp in Bethlehem.

Tarek was arrested on 7.4.11at 3 AM at his home. His father told us that his son is a high school graduate, enrolled at the university and that this is his first arrest.

20 soldiers took part in the arrest: four entered the house, awoke the entire family (in English) and ordered them not to say a word and not to resist, informing them they had come to arrest Tarek. The family watched in silence as their son was arrested and taken out into the dark. Tarek was held for a few days at the police station, then transferred to Ofer [Military detention camp].  

10 other youngsters from Daheisha were arrested that night and are still in custody.

According to the father, the youngsters paraded with flags in the camp and were later incriminated. The father claims that the Israeli army routinely raids Daheisha and Bethlehem several times a week.

Security in Area A is under Palestinian jurisdiction.  The occupation, however, seems to breach all borders, written agreements and international conventions. This is evident from soldiers’ testimonies in “Breaking the Silence”.

The hearing was rescheduled for 23.5.11 due to changes in defense attorneys.


Ali Kamal Hoarin – Case No. 1240/11, a young man from Dahariya who has been in detention for 4 months on charges of “preparing/throwing/laying of a bomb” (actually a kind of flare, according to the prosecutor’s explanation).

The detainee’s father is in court, ready to testify, but in the end the defense cancels his appearance in order to save time. I attended only part of the hearing, in which Ali was interrogated first by the defense, then by the prosecution.

According to his testimony, he had a [entrance to Israel] permit and was working in Mishor Adumin at a solar heating plant. He used to sleep there, going home once a month for a couple of days or for a weekend. He worked from 7 AM to 4 PM, rested for 2 hours, then worked from 6 PM to midnight, as well as on Saturday nights. From his answers to the prosecutor it was evident that Ali denies the allegation (which refer to August and October 2010), claiming that most of the time he was absent from the village, and when he came home he spent his time with his family and rested. The prosecutor tried to shake this alibi.

I am not sure how the hearing ended, but it is clear to me that the young man was exploited under disgraceful conditions in a settlers’ plant.

Moreover, I checked in the Yellow Pages and found “Barsheshet” factory in Mishor Adumim (P. 121), which advertises itself as a patriotic “blue and white” establishment.

Recent data by the Palestinian Statistics Bureau show a high level of unemployment among young people, as well as a large number of Palestinians working in Israel and in the settlements. These data shed light on the problem (and also on the case of Abas Saada, who is accused of a break-in).

I reported this to a journalist as well as to “B’tselem”.