Russian Compound, Jerusalem - Remand Extension, Barred (from meeting with attorney)

Translation: Marganit Weinberger

Russian Compound    

Judge: Eran Laufman

Defense: Firas Sabah, Judd Kadmani

There are 4 cases in the docket, two of them of detainees “barred from meeting with an attorney”. On a third case there is a gag order.

Sami Muhammad Suleiman Ata – ID 854408564

Defense: Atty. Firas SAbah

There is an agreement between the sides: an 8-day remand and transfer of the case to the prosecution.

Yussuf Muhammad Hussni Tahaa – ID 906440128

The detainee is barred from seeing his attorney, Firas Sabah.

Tahaa has been  in detention since 14.4.13 and is barred from meeting his attorney until 2.5.13.

The police investigator requests a 15-day remand extension. This is the second remand extension.

Tahaa is suspected of military activity and providing service to an unlawful organization.

With the detainee out of the court, the defense interrogates the police investigator. He sums up: the suspect, who apparently cooperated with the interrogator, links himself to the charges against him. He provided two statements to the police. The defense sees no reason for such a long remand. True, the investigation is complex, but the suspect does not deny the allegations. He has been barred from seeing an attorney for many days.

At this point we were asked to leave the court so that the suspect could be admitted for his remand extension hearing.

Justice Laufman is not familiar with the preliminary injunction or the Supreme Court recommending that we should be allowed to be present during the hearing. We show him the document and he examines it. The investigator tries to move for a closed-door hearing, but the judge does not accede. He adds our names to the protocol and gives us permission to attend the hearing without the attorney’s presence.

The suspect was admitted into the court and the judge updated him about what had transpired earlier when the attorney represented him. The judge asked him if he was feeling well. When he said yes, the judge handed down his decision:

9 days remand extension to complete the investigation.

Marwan Muhammad Abed Issa – ID 852321066– Barred from meeting his attorney.

Defense: Judd Kadmani

The detainee is suspected of planting an explosive charge and engaging in other military activity against security forces in his area. He has been in detention since 12.4.13 and “barred” until midnight today. The investigator requests an 18-day extension.

The detainee was born in 1991. He was previously detained in 2009.

Atty. Kadmani moves for reduced detention: the detainee has been interrogated more than 30 times since his arrest, under harsh conditions, including solitary confinement. Since he is barred from seeing an attorney, he was deprived of legal counsel for the entire period of the investigation.

As per Justice Laufman’s earlier ruling, we stayed in the remand extension court, but this time the investigator decided to hold the hearing behind closed doors. He asked us to leave the court while he explained to the judge the need for closed doors.

We left. The investigator spoke with the judge, apparently convincing him, so we stayed outside when the detainee met with the judge and with the police investigator.

The judge’s decision: 14-day remand extension to conclude the investigation.

A detainee under gag order

This was a continuation of a hearing from 22.4.13 [See report] where Justice Fleischman turned down a request for closed doors, but maintained a “gag order”, which obtained today as well.

The man has been under interrogation for 45 days. The investigator request an additional 8 days remand. This is the sixth remand extension.

The judge’s decision: 4 more days.