Ofer - Release on Bail, Remand Extension

Translation: Tal Haran

Military Appelate Court

Judge: Colonel Itzik Mina

Prosecutor: Captain Gil’ad Peretz

Defense: Att. Nery Ramati, Att. Abu Omar

Appellant: Amin Ali Hamed Al Bakri, ID 949965685

The appeal concerns Judge Moshe Levi’s ruling, who decided to keep the appellant in custody until the conclusion of proceedings against him, on grounds of charges pressed against the appellant following his threats against Policeman Ibrahim. [From the court protocol. N.A.]

Amin Al Bakri has been an employee of the Waqf at Haram Ibrahim (The Cave of the Patriarchs in Hebron) for the past 35 years and also resides nearby. He tells the judge that there are Border Policemen, Jewish settlers and soldiers constantly in attendance on site.

Among these, only the Border Policemen are involved in clashes. Whenever something happens, he, Al Bakri, arrives on the scene with a camera, and later lodges a complaint with the Police Internal Investigations department.  Such a complaint appears in the present file as well.

The case at hand involves his 12-year old son who returned from school and said he was beaten up. He also noticed the child had wet his pants from sheer fright. Amin Al Bakri arrived with a camera, spoke with the soldier, and left. The soldier called him back, he returned and was arrested.

Describing the case, the prosecutor repeatedly stated that when in custody at the police station, the appellant never stopped cursing! The prosecutor heatedly repeated this several times and almost made it sound as though the cursing was grounds for the arrest.

The judge, mentioning he had studied the file well before the court session, including the photographs, decided to grant the appeal and ruled to release the appellant on the following conditions:

1. The appellant will report to the police station nearest his place of residence every Sunday at 8 a.m.
2. The appellant will sign a bail order of 30.000 NIS
3. The appellant will provide two valid guarantors for the sum of 20,000 NIS each, to ensure his reporting to the court sessions to be held in his case.
4. The appellant will deposit a sum of 7,500 NIS in cash

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Judge: Colonel Itzik Mina

Porsecutor: Captain Gil’ad Peretz

Defense: Att. Mahmoud Hassan

Appellant: Abed Al Halim Bader Abed Al Halim Huaja, ID855027413

-Case 2328/13

Abed Al Halim is held in custody at the Russian Compound, Jerusalem. The defense stated for the protocol: “This is an arrest for interrogation purposes, with the appellant held in custody for too long. If we consider the fact that he is cooperative and has admitted his actions at the beginning of the investigations, along with all the others concerned, I do not think a person should be held further under especially harsh conditions, in total isolation, for a simple investigation. This morning I have been informed by the appellant that he has not been interrogated for the passed five days. He is kept in custody for no reason. The fact is, that he has confessed, there is evidence, and if the prosecution believes indictment is in view, they should go ahead. Being held in custody for interrogation will not remit his sentence.”

The prosecutor explained that the investigation is at its last phases, and then will be handed over to the police and the prosecution for further investigation completions. Therefore he does not know when the indictment will finally be presented.

The judge ruled further custody until 9.12.13..

Appellant: Abed Al Rahman Luay Abed Al Halim Huwaja, ID854680378

- Case 2329/13

The defense attorney explains that in this case as well, the appellant is in custody for no reason at all and remarks that he has not been interrogated for 10 days!

In this case as well, the judge ruled to postpone the appeal and hoped that until the end of his custody on 9.12.13, the interrogating and prosecuting authorities will make every effort to provide a statement regarding the date the indictment will be presented.

What we did not hear inside the courtroom:

The two appellants are cousins, and outside the court I spoke with one of their fathers. The family is from the village of Ni’ilin. An incursion took place on November 6. The father says that around 2 a.m. a large army force arrived and imposed curfew on the house. Although family members said they were coming to open the door, the soldiers blasted it and trashed the house. They came in with two dogs, turned over and broke everything in sight. They caught the son, beat him and yelled: “Where is the weapon?” They took the son away and the family had no idea where he is. Their son, 24-years old (not one of the appellants) is not well, having been injured in a road accident. 3 days later the family found out he is held at the Russian Compound detention facility. 3 days after the event described above, the soldiers came back and repeated the incursion. This time they took the other son, 19-years old, to the Russian Compound, while yelling constantly about a weapon.

   Several days later, the soldiers came yet again, this time to the home of the father’s brother living nearby, and of course the same pogrom routine was repeated. The soldiers took the cousin along. The father says that some days later he received a phone call from some woman in Tel Aviv, he had no idea who she was, who told him that the older son has been in hospital twice.

There are at present 5 detainees from Ni’ilin at the Russian Compound.

The father added that the older son, in custody since 6.11.13, has not been allowed to meet a lawyer.

The law allows prevention of such a meeting only up to one month’s time!