Ofer - Stone Throwing, Remand Extension
Translation: Marganit W.
We attended the final segments of several remand extensions in different courtrooms, while waiting for the hearings in the cases of Bassem Tamimi and Naji Tamimi from Nabi Saleh, which took place only after lunch break.
Judge: Major Arye Durani
Defense: Atty. Ahmad Safiya, representing three minors (one 15 years old) members of the same family, accused of throwing objects. This was an arraignment hearing. Several family members were present in the audience.
Sahar Hir Alla Abed Alhafez Hamed – Case No. 1964/11
Hasin Abed Aluahad Muhammad Hamed – Case No. 1963/11
Majaj Muhammad Majad Hamed – Case No. 1966/11
The defense requested and was granted a deferment.
Hearing set for 15.5.11.
Of the 23 cases before the court, two dealt with sexual offences and were tried behind closed doors.
The attorney representing the defendants explained that the trial takes place in a military court because the crime was committed in the Occupied Territories. The PA court, which is also authorized to try such cases tends to treat sex offenses in a much harsher way, so it is preferable for such violators to come before a military court.
Three cases in the docket dealt with membership and activity, others with various offenses such as driving without a license, traffic violations, illegal sojourn in Israel, property violations, possession of combat materiel etc.
Naji Muhammad Abed Allatif Tamimi – Case No. 1955/11, arrested on 5.3.11 (see earlier report of 13.3.11).
Main charge: incitement.
Defense: Atty. Tareq Bargout.
The prosecution states that a revised charge sheet has been prepared with additional witnesses.
The defense requests time to study the changes.
Arraignment hearing set for 15.5.11.
(see protocol of the hearing - Hebrew)
Judge: Major Menahem Lieberman
Naji Arad Case No. 1834/11, from the village Bani Zaid, 19 years old, arrested on 3.4.11 at the military checkpoint at the entrance to Nabi Saleh village. Since the initial interrogation – when he denied the allegations of rock throwing and membership in an unlawful organization – he has not been interrogated. The judge reprimands the police for holding a suspect in custody without interrogation and orders the prosecution to prepare an indictment within 24 hours. Yet he extends the remand by 3 days because tomorrow (Monday) no remand extensions hearings take place.
Defense attorney Nery Ramati requests that the hearing be set for 21.4.11. The judge accedes.
Bassem Tamimi (File No. 1562/11)
Atty. Anan (?), substituting for Atty. Labib Habib, requests deferment of the remand hearing until the conclusion of the proceedings.
Hearing is set for Tuesday,12.4.11.
Today, 17.4.11, Bassam Tamimi was remanded in custody until the conclusion of the proceedings.
The trial is to start on8.5.11.
Outside, in the compound, we spoke to some family members, waiting to be called into the courtroom. Among them was a bewildered and frightened woman who had just realized that her son’s hearing had already taken place and she had not been called in. She now tries to find a way to see her son before he is sent back into detention. She does not know the name of his attorney, and only after the trial was over did she find out it is Atty. Abu Ahmed. Apparently, the attorney never spoke to the mother and did not bother to invite her to attend. Perhaps he did not even talk to the defendant he was supposed to represent. We often see attorneys who meet with their ‘clients’ for the first time in court during the trial.
A man here for the trial of his son was walking around upset, looking for help: his wife was denied entrance to the waiting area by security guards. We were able to involve the attorney representing the son, and shortly afterwards the guards deigned to allow the woman to join her husband in the waiting area. It turns out the reason for the delay was that the woman had cursed… (!)