Ofer - Release on Bail, Minors

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Aya Kaniuk, Nitza Aminov (reporting)

Translation: Marganit W.


It is the Occupation!


Sometimes we hear statements about minors and and female prisoners claiming that they are in jail because of personal problems.

I argue that in this respect, too, the occupation is to blame. For 48 years Israel has been maintaining military rule in the occupied territories. It has reneged on every responsibility that an occupier has toward the occupied population. Moreover, Israel foils any attempt by the civil Palestinian society to maintain education, charity, and mutual support, declaring all such organizations illegal.

True, from time to time we hear accounts of personal distress and of people presenting themselves at the checkpoints. One example is a girl whose parents were told by the principal that her grades were failing. The father got mad at her, and the girl ran to the checkpoint. Today she is in jail.

Another story that I heard today: a father tells of a son who, under influence of a friend, decided to quit school. The father got furious, and the son made his way to the checkpoint with a knife in his bag. Today he is in jail.

My point is that had Israel allowed the population to form social organizations, these youngsters and their families could have found counseling and instruction.

Small wonder that a generation born into the occupation sees running to the checkpoint with the intent to be arrested as the only solution to their personal problems.


In Courtroom 7 I observed remand extensions.

“B’Tselem” has an excellent publication explaining how ‘remand extension until the conclusion of the proceedings’ is in fact part of the punishment.

I recommend reading http://www.btselem.org/publications/summaries/201506_presumed_guilty


Judge: Lieut. Col. Azriel Levi

Prosecutor: Lieut. Liran Yosef

Defense: Atty. Muhammad Barakat

Defendant: Abd Alsalam Mahmoud Ibrahim Mitani – ID 939735882


Mitani lives in Azariya where he has a workshop. He is 48 and has 7 children. He is the sole breadwinner in the family.

The prosecutor requests remand extension until the end of the investigation.

The charge is entering Israel without a permit.

Later on, the detainee tells a different story:

Two Israelis came to his shop, left their vehicle there, and one forgot his ID card there. Mitani arranged to meet the man at A-Za’im Checkpoint to return the ID.  When he got to the checkpoint (using Palestinian transportation), he explained why he was there to one of the security guards, showing the card. The guard confirmed that Mitani did not claim he was the owner of the card.

The prosecutor said that she had re-read the testimonies and admitted that there was doubt regarding the charge of false identity. She left the decision to the court, but did not retract the charge.

The judge said the man should not be indicted on charges of illegal entry or false pretense and released the detainee under these conditions:

2000 shekel bond.

Third party guarantee for 10,000 shekels

It was never mentioned that the man had been in jail for two weeks and that he will have to stand trial.

Arraignment hearing set for 8.11.15.