Russian Compound, Jerusalem - Release on Bail, Remand Extension
Translation: Diana Rubanenko
Judge: Menachem Lieberman
Police investigator: Shanan Muhammed
Defence Counsel: Firas Sabah, Judd Kadmani, Nadim Darawshe
Four cases in the docket: one of them was transferred to the Ofer military court.
The three attorneys represented all the detainees.
Salman Mustafa Omar Hasson - ID 850144601
The investigator: The investigation team is requesting a four-day remand extension for investigation purposes.
The detainee was arrested in the framework of an affair of which the investigation is currently ending - on the suspicion of membership and activity in an illegal organisation.
The investigator claimed that the previous day required investigative actions had been performed, and that there is a police statement. Over the next two days, the suspect's case will be summarised and transferred to the military prosecution.
Defence attorney Firas Sabbah: The suspect was arrested recently on the charge of providing a service to an illegal organisation last year. Other suspects are involved in this affair, and they did not incriminate him. He denies the suspicions attributed to him. And then the investigation team accused him of a charge of involvement in an incident that happened in 2008. These charges do not justify his detention. Firas Sabbah seeks the suspect's unconditional release.
The investigator asks for more days, and emphasises certain details: the suspect was arrested following his incrimination by two people, not from the same region. They gave evidence that he is an active member of the organisation, and his membership remains in force.
Justice Lieberman asks the investigator whether - in the case the detainee is released - there are concerns about disrupting the investigation. The investigator replies: The affair continues. As we see it, a disruption is likely.
The decision of Lt.-Col. Menachem Lieberman:
The suspect was arrested on 9 June 2015. He was interrogated for one month, but no evidence was found that the material links him to the suspicions.
Suspicions dating to 2008/2009 were cited. At this stage I am not convinced that there are grounds for disruption. His imprisonment is unjustified. Moreover there is no evidence attesting to danger, and in addition the suspicions date back six years.
Lieberman adds: Although there are alleged suspicions that he was an active member, and perhaps still is - but in view of the long time that has elapsed, we may be able to suffice with an alternative to detention. Depositing NIS 3000 will ensure that he appears in court. If an indictment is not served on him within a fixed period, he will be reimbursed.
He will be released, at the latest, this Thursday.
Mujahad Barkat Mansour - ID 853936433
Before the detainee was brought in, police officers entered the court and advised the judge that the detainee has an infectious disease - jaundice.
I was sure that the detainee is receiving treatment, but he was brought in by four members of the Nachshon unit, who were wearing face masks and gloves, because jaundice is highly infectious, especially in poor sanitary conditions.
It was a weird sight. The detainee appeared exhausted.
Investigator: We are asking an eight-day remand extension. The charge is involvement and participation in a case where many people are involved. Some progress has been made in investigating the affair, but at the same time much investigative work still needs to be done - with the suspect and with others - as written in the confidential report.
Judd Kadmani presents the case and asks:
Q: What links the detainee? (to which suspicion is he linked?)
A: I refer you to the confidential report
Q: Is there evidence apart from the evidence in connection with which he was detained? Is there further material?
A: I cannot enter into details
Q: Is there any material apart from the information that his incriminators gave?
A: Everything appears in the confidential report
Q: Is progress being made in the investigation?
Q: Do you agree that the progress relates to the whole affair?
A: It's in the confidential report.
Q: Is it true that an identity parade of photographs was held, but the detainee was not identified?
A: Yes that's so, there was an identity parade and the detainee was not identified.
Q: When it was discovered that his illness is infectious, was everything necessary done in view of this situation?
A: His medical condition is addressed in the confidential report.
Q: Is he being held in isolation?
A: He is alone in a cell like everyone who is being interrogated.
Summation by the defence attorneys:
They object to the request for extension, because in 15 days of investigation nothing was found to link the suspect to the matter, apart from intelligence information. His most recent interrogation was held many days ago. Kadmani contends that the man is being held for no reason. The detainee denies the suspicions, and "we request his release".
The judge's decision:
Before handing down his decision, he emphasised his concern for the suspect's medical condition, and added that he should be hospitalised, if necessary.
In the matter of the decision: the man was arrested on 23 June 2015 on suspicion of involvement in a particularly grave offence. The court is convinced that the suspicions are solid, that he is involved, and that his detention is necessary.
At the same time - he added – regrettably, the investigative team has not invested efforts in interrogating the suspect in the past week. Since 20 June he has not been questioned frontally.
In any event, the honourable judge was convinced that the inherent danger and concern for disrupting the course of the investigation comprise grounds for detention. And hence his remand must be extended by a further four days.
Ala'a Mufid Kamal Dar-Ibrahim - ID 907506943
There was agreement to another four days for investigation purposes.
His case is connected to the charges against Mansour.