Ofer - Administrative Detention

Translation: Marganit W.

Commission for the examination of violations of suspended sentences

Judges Panel:

Chair: Justice Lieut.-Col Dalia Kaufman

Justice Major Etty Adar

Justice Lieut.-Col. Sharon Rivlin-Ahai

Petitioner: The Military commander (represented by Lieut.-Col. Inbar Ofek)

Respondent: Iyad Ata Ahmad Abu Fanoun,ID 9041021340–Case 1314/13

Defense: Atty. Ahlam Hadad, Atty. Nery Reamati

Background: Iyad Abu Fanoun was released from prison as part of the Gilad Shalit agreement. In 2003 he was convicted of homicide attempt and of membership in the Islamic Jihad. He was sentenced to 29 years, 9 of which he spent in jail.

On April 2012 Abu Fanoun was again arrested. This came about as a result of changes introduced into the military justice code in cases of prisoners released before their term is up. These changes were discussed while the Shalit deal was under way. The changes enable the IDF and the GSS to re-arrest and detain every ex-prisoner until the end of their original sentence.

I was unable to find a charge sheet – in such cases typically there is no charge sheet and the detainees are tried before something called “Committee for the Annulment of Improved Conditions” (in other words, the release is considered “improved conditions”).

Amira Haas (in an article from 17.2.13) reports that in the cases of Ayman Sharawna and Iyad Abu Fanoun the security authorities claimed that the two had resumed their unlawful activity. However, the evidence against them is confidential and the two vehemently reject the allegations.

On Sunday, 17.3.13 Ayman Sharawna (also released in the Shalit Exchange), who has been on hunger strike for the past 7 months, agreed to be deported to Gaza for ten years.

Atty. Hadad represented Sharawna (and together with Nery Ramati appealed to the Supreme Court on his behalf). The plea bargain with the security authorities, however, was negotiated by Atty. Jawad Boulos.

On Monday 18.3.13 Iyad Abu Fanoun instructed Attys. Hadad and Ramati to enter a plea bargain on his behalf, similar to that of Sharawna.

At this point the defense informed the court that Atty. Leah Tsemel and Atty. Haled Alaraj were joining the defense team. Atty. Tsemel requested a postponement to re-examine the case and negotiate with various bodies. Thus, if there is a plea bargain, it will be negotiated by Atty. Tsemel and not by Hadad and Ramati.

Two defense witnesses were supposed to testify today, but they did not show up. They will be summoned for 14.4.13