Russian Compound, Jerusalem - Activity against security in the region, Gag Order
Translation: Marganit W.
Judge: Lieut. Col. Shmuel Keidar
Police investigator: Rabia Suatri
Defense: Ma’amoun Hashim, Judd Kadamani, Salah Muhsein
There are 6 cases in the docket.
One is a minor, so we cannot report on his case.
Today the attorneys stood firm against the investigator on one important issue: The detainees under interrogation are kept in solitary confinement, in darkness, alone over many days while they are not being interrogated.
Again and again the investigator requests long remand extensions, even when the attorneys prove that for whole days the detainees are not being interrogated. Several of these cases, where the detainees have tied themselves to the suspicions, should be promptly transferred to the prosecution. In other cases, the investigators just wait for the detainees to confess, even when they insist that they are innocent. The harsh conditions of detention force the detainees to confess.
Today was a difficult day: I decided to focus on one detainee: his condition encapsulates the evils of occupation and the cruelty toward helpless people.
Even murderers receive proper treatment when they suffer from mental illness. However, today justice Keidar was attentive to the attorneys and took their arguments into consideration.
Hassin Rashad Hassin Gaber – 850298134
Defense: Ma’amoun Hashim, Judd Kadamani, Ismail Taweel (absent)
The police investigator requests 8-day extension.
A young man is brought in to the court. His expression is one of pain and detachment. His clothes are too big for him. It turns out that for personal reasons he had to change clothes and the detention center gave him a sweat suit several sizes too big. The investigator says these clothes are more comfortable than the detainee’s own clothes. We were stunned to hear this.
The attorneys questioned the investigator, at first with restraint, then increasingly less so:
Q: What are the charges?
A: Endangering security in the region. Explosives.
Q: Does he deny the allegations?
A: He gave a statement to the police on 23.2 and to the Shabak [GSS] on 28.2.
Q: You realize he has had surgery?
A: It is mentioned in the confidential file.
Q: Has he been found fit to be in detention?
A: It is in the confidential file.
Q: You realize he often loses consciousness?
A: He is receiving treatment.
Q: Has he undergone psychiatric evaluation?
A: In the file.
Q: Is he fit for detention?
A: Yes, the Shabak psychiatrist examined him and found him fit.
Q: Not the regional psychiatrist?
A: A professional psychiatrist of the Shabak.
Q: Is there progress in the investigation?
A: (refers to the appropriate section)
Q: Did he give a statement?
A: Two, to the police.
Q: Does he know the main charge against him?
A: I have no answer.
Q: He is detained under harsh conditions. He is not even allowed to go to the bathroom. His psychiatric condition is very bad and he does not even know what he is accused of. Why can’t he go to the bathroom?
Defense summation: The defense objects to the remand extension. “He needs to be examined by the regional psychiatrist. Lately he has undergone traumatic experiences, which brought about certain behaviors (no details provided). He needs to be examined now because he is kept in solitary, under harsh conditions, bad food, darkness and isolation.”
Judge’s decision: there is a request for 8-day remand. The suspect was arrested on 15.2.16 on security charges related to explosives. The confidential file mentions forensic reports that tie him to the charges.
The file states that he suffers from severe migraines and mental issues. For privacy reasons, the judge does not elaborate.
The Shabak psychiatrists examined him and found him fit. The defense requests further examination to determine his fitness. There are findings substantiating his mental unfitness. (prior to incarceration he was on psychiatric medication; those have been changed for others that don’t seem to work. He does not know the name of the med he used to take, but his father can help with that).
The judge recommended checking why he was not allowed to go to the bathroom (which caused certain problems).
The judge ordered remand extension for 8 days, adding that if further extension is requested, the investigators need to submit medical documents.
The father needs to be contacted to ascertain what medication his son is on, and make sure that the pharmacy at the detention center has them.
We left with a very bad impression of a detainee who suffers from psychiatric problems, while the system neglects to examine him to determine if the harsh interrogations do not exacerbate his condition and endanger his life. There is no justification for ignoring a person’s compromised health.
The judge seemed to appreciate the problem. He sounded considerate but acceded to the investigator’s request for remand extension just the same.