Russian Compound, Jerusalem - Shooting, Holding and trading of combat materiel
Translation: Tirza Sandbank
Judge: Major Haim Balilti
Police Investigator: Rabia Suatiri
Defense attorneys: Muhammed Zahalka, Judd Kadmani and Amar Yasin
Two cases to be heard.
At the beginning of their detention there was a gag order on the cases of the detainees
. A remand extension was made on 13.7.15 and the detainees were barred from meeting with an attorney.
Today is the third remand extension. They were permitted to meet with their attorney.
Today the defense attorneys attempted to glean information, which was, and which is quite likely to continue to remain, in the confidential file.
The investigator explained that the information involved was liable to affect the course of the investigation of a case involving many people.
The defense attorneys, helpless, tried to ask questions from many different angles, but to no avail.
When Judge Balilti was requested to decide whether essential information could be divulged, he replied in the same words as the investigator: revealing information was liable to interfere with the course of the investigation.
Jamal Jamil Salim Yunis, ID 948623038
He is represented by atty Zahalka.
The detainee is 62 years old, suffering from a heart condition. The police investigator requested an additional ten days in order to pursue the case.
The detainee has been in custody since 9.7.15.
The Defense opposes the extension and asks questions:
Q: Has there been any investigation since the last extension?
R: Yes, but there is a lot of material and new material as well.
Q: How many actions have to be finished or continued?
R: Eight actions.
Q: When was he last interrogated?
R: On the 26.7.
Q: Has he been cooperative:
R: Yes, he gave a police statement and connects himself to the suspicion.
Q: How does he connect himself?
R: It is in the confidential file.
Q: Does he admit a connection with "Shvut Rachel"?
R: In the confidential file.
Q: I understand, says Zahalka. He admits acquiring a gun some time ago. Did he use this gun in the attack?
R: see the confidential file.
Q: Is his son in law one of the detainees?
R: All the detainees in this case appear in the confidential report.
The defense attorney turns to the judge: Sir, the names have been published in the press and the media. Why can this information not be divulged? Why is it that information which has been given out to the media and may be published, is cannot be handed out by the investigator?
Two different judges (both today and at the remand extension on 2.7.15), and two different investigators - all came up with the same answers.
Judge: Not everything published in the press is correct.
Investigator: I am not the one who decides.
Q: Is there any additional suspicion to the suspicion that the detainee sold his gun, which he bought a year and a half ago, to his son in law: Anything further?
R: All avenues of investigation are being explored.
Summary of the defense attorney: He requires that the court examine closely the plan for investigation and that it also take into account the poor medical condition of the detainee. (the judge has been presented with detailed reports about the health of the detainee who suffers from a heart condition) The detainee came to the court on his own, following an order by telephone. He has been interrogated by the police and the GSS for twenty days. I request that he be sent free with suitable restrictions and that he be summoned as deemed necessary. If this is impossible, I request that the case be handed over to the prosecution.
The detainee asks to speak; he does so in Hebrew: "I am sixty two. I am ill. The doctors are doing their work, but I am in a very small cell, and I cannot breathe; I am suffocating. Send me to a different detention centre. I am taking four pills a day.
Judge's decision:
Suspicions: activity taken against security in the region. There is no possibility to supply more details because of issues connected with the investigation. In addition: "I have carefully studied the case including the confidential file, and I am aware of the severity of the charges."
He also speaks about the importance of a medical follow-up and urges that the interrogations be carried out in as short a time as possible. He extenses custody for eight additional days.
Amjar Abed al-Karim Muhammed Dar Aduan - ID 850979527
Defense attorneys: Judd Kadmani and Amar Yasin.
The investigation team asks for 12 more days for investigation.
Q: Is he suspected of killing an Israeli citizen?
R: This is one of the suspicions.
Q: Does this mean that he is accused of being present at the murder scene?
R. In the confidential file.
Q: The defense attorney claims that on the day of the murder he was at work at the gasoline station. There is a security video to prove it.
R: In the confidential file.
Q: Was this claim investigated?
R: Everything concerning the suspect can be found in the confidential report.
Q: Was his alibi checked?
R: In the confidential file.
Q: Isn’t is true that you have no proof that the suspect was in the area of the attack?
R: In the confidential file.
Q: Did the other detentions made in connection with this file lead to the detainee in question?
R: In the confidential file.
Q: I request to be informed by the investigator whether the suspect admits participating in the shooting incident, or in its planning.
R: I have nothing to add, I have said all I can. (the defense attorney pressures the investigator to provide vital and elementary information.)
Q: Have the actions taken supported the claims against the suspect, or has it weakened these claims?
R: The investigation has strengthened the suspicions against the suspect.
Q: The investigator said that there are additional suspicions. What are they?
R: Possession of firearms, use of firearms, shooting at soldiers.
And so, more questions about the same subject, and more answers referring to the confidential file.
Defense summary: Even a very serious and delicate investigation has to be time-limited, and subject to criticism. After 21 days of investigation the rights of the detainee have to be taken into serious consideration. He has an alibi. It has to be examined. I request that the police aim to finish this investigation as quickly as possible.
The judge's decision:
The judge states that in the course of the hearing the defense presented the police with a great many questions about the state of the investigation and it continuation.
"I have examined the case and the confidential file. From these I learn that the suspect is involved in the murder incident.
As for the alibi claim, this is addressed in the confidential file. At the same time, there is no information about belongings which were found in the area of the incident.
He extends the investigation by an additional eight days.