Ofer - Holding and trading of combat materiel, Remand Extension

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Yifat Doron, Dafna Banai (reporting)


Translation: Tal Haran


Sireen Khaled Rashid Sawafta, ID 850389560

Appeal of the Salem military court’s ruling of 24.6.13 to detain her until the conclusion of proceedings.

(see previous report on her case)


Judge: Colonel Netan’el Benishou (Presiding Judge of the Military Court of Appeals)

Prosecutor: Captain Roee Ben Ari

Defense: Atty Adel Samara


The defense argues the lack of criminal intent in Sireen’s actions, and she is not dangerous. She acted in innocence, perhaps even stupidity, but she is no terrorist or military agent, and her deeds have no such significance. For example – charge no. 3 that accuses her of making contact with an enemy agent: Sireen admitted that someone did approach her and told her he was from Syria (it is not known whether he is indeed from Syria) – and suggested she join the PFLP. Sireen refused, so there is no criminal intent on her part. The same applies to the two charges of holding a weapon – she held the weapon of Abed Al Majd for a brief moment, and fired a shot with a hunting rifle – mischief lacking any deep thought on her part, the boastings of a young girl.


As for the charges of arms dealing: when she mentioned the price of the rifle with which she was photographed, the Gazan man who approached her was flirting with her, and she was not aware of the intention of his question and the meaning of her answer. She did not know he was from Gaza and certainly not that he was a military activist. Their talk was about personal matters, and then he asked how much such a rifle costs where she lives, and she answered.


The prosecutor: their chat was through a site called “Pink” where public matters are discussed, and this proves that the chat was not as innocent as the defense claims it to be.


Defense: She also refused the man’s request to take a certain gift from someone in Jenin and pass it on to Nablus. More importantly, she cut off contact with this person when she realized he was an activist.


All her actions prove that she was manipulated to answer innocently as she did, and that she did not realize she was being used. Finally everything took place in chats. She did not actually do anything. Therefore the defense requests the release of the suspect on bail, for the Ramadan, and considering she is a 4th-year university student, and that there are guarantors with Israeli IDs ready to vouch for her reporting to trial and/or the police.


Prosecutor: Even if every single charge proves her lacking any criminal intent, the total of her actions is serious and the overall picture should be considered as evidence of serious felonies. The contact, Hassan of Tul Karem (who was supposed to purchase the weapon) also left a message saying it was she who contacted him (by phone, as he has no internet), and this proves criminal intent and danger.


The focus according to the prosecution lies in creating the contact, and the nature of the felonies is such that they can be committed anywhere by phone and internet. The suspect lives in Area A, and may commit them anywhere without arousing any suspicion or taking any risk, and therefore no alternative for detention may be considered.


The judge promised his answer today or tomorrow at the latest. Several days have gone by and no ruling has been made yet.