Ofer - Administrative Detention, Appeal
Translation: Marganit W.
When I arrived close to the court compound, there was a demonstration there demanding the release from administrative detention of the Palestinian circus clown Muhammad Abu Saha, whose hearing was scheduled to take place today behind closed doors (as is the rule when administrative detention is concerned). Muhammad Saha was arrested in December 2015 and put under administrative detention for six months, i.e., until June 2016.
He is represented by a lawyer from Adameer organization, who today appealed his client’s detention.
A decision on the appeal will be given sometime in the future, when the system sees fit.
The demonstration outside the court pleased me, so I stayed to watch from my car that was parked at a distance of some meters. Shosh Kahn (from Women for Women Prisoners) joined me, and we listened to the organizer being interviewed by a media outlet.
When the event was over I entered the court compound. On my way to the courtroom, a Prison Authority officer stopped me and sternly ordered me to follow him out. Why? Because I had taken part in a demonstration. Since I know my rights I told him not to set me up: it is my right to watch a demonstration and I have a permit to observe court hearings. However, Shosh was stopped at the entrance and prevented from entering. Eight prison guards stood there checking who we were and arguing. I protested loudly that they were trying to prevent me from attending the hearings.
I will focus on the follow-up on the hearings of 15 young men from Nabi Salah (see earlier report).
Judge: Major Sigal Turjeman
Prosecutors: Captain Almo Aysu, Lieutenant Eli Neumann
Defense: Atty. Talya Ramati, Atty. Lymor Goldstein
Today, too, the hearing of 8 of Nabi Salah’s detainees took place in a small hall that could not accommodate the family members and supporters who had come to the hearing. The attendants had to step out to allow others to come in. The judge said she would try to get a bigger hall for the next hearings.
First Defendant: Rafat Talaat Said Ela’is, ID 950582353 - Case 6758/15
Again the sides argued abut a video from the security camera of a gas station near Nabi Salah (see details in previous report). The disc has disappeared – then resurfaced. The Shabak [GSS] returned it to the gas station. The defense argued that this is important evidence, while the prosecution claimed that it is irrelevant.
The decision of the appellate court (whether to release the detainees or remand them in custody until the conclusion of legal proceedings) was presumably dependent on the existence of the disc.
Thus, the judge declared a recess. She must have gone out to consult the Appellate Court judge. When she came back, with the two defense attorneys, she announced that the Appellate Court ordered the release of Osid Amara on a 15,000-shekel bail, plus 2 third-party guarantors for the same sum.
Amara’s release will presumably lead to the release of the other detainees.
The defense will have to submit the phone numbers of the detainees and to make sure they appear before the court when summoned.
On 27.3.16 the court will hold a hearing to examine Amara’s bail (he has a sick mother undergoing expensive treatments and cannot afford the steep bail sum).
An evidentiary hearing was set for 30.5.16 at 9:30. The incriminating witness, Ez Aladin Tamimi and other witnesses will be summoned to testify in that hearing.