Popular Struggle

Translation: Marganit W.

Judge: Major Meir Vigiser

Military Prosecutor: Lieutenant Barak Tamir

Defense: Atty. Nery Ramati

Defendant: Bassem Muhammad Abed Alrahman Tamimi, ID959225640 - Case 4455/12

[See earlier report on this case]

In our last report of 31.10.12 we noted that the prosecution was about to appeal Justice Vigiser’s decision to release Bassem Tamimi to house arrest. The prosecution requested remand until the conclusion of the proceedings.

In the meantime, the prosecution withdrew its motion and agreed on a plea bargain with the defense.

The indictment was amended and now includes 2 charges:

-Participation in an unlawful demonstration

-Disturbing a policeman or a soldier in the prosecution of their duty

The defense acceded to the prosecution’s demands, but raised a question concerning the activation of a suspended sentence (from an earlier case) when applied to participation in an unlawful demonstration. The attorney cited an Israeli law stipulating that a demonstration of fewer than 10 people does not require a permit. In the “area” (i.e., the Occupied Territories), however, the law requires a permit, which is hardly ever granted; hence, the defendant’s presence with ten other people constitutes a violation and thus allows the police to activate the suspended sentence. He added that, “perhaps, the suspension should be qualified”.

The prosecutor objected, requesting that the suspended sentence conform to the definition of the violation IN THE AREA.

In his summation, the judge mentioned the defense’ motion to “qualify the suspended sentence so that it does apply to participation in an unlawful demonstration”, yet his sentence was:

3-month prison time, activation of the suspended sentence from Case 2058/11 (one month added to the penalty in this case and one month overlapping) – in all 4 month in prison, 3 months suspended sentence and a 5000 shekel fine.

[See attached protocol - Hebrew]

Morning and Afternoon sessions

Translation: Marganit W.

Indictment and discussion of alternative to detention in the case of

Bassem Muhammad Abed Alrahman Tamimi, ID 959225640 – Case 4455/12.

Tamimi is a resident of Nabi Saleh. He is one of the central leaders of the popular struggle against the occupation and against the confiscation of Palestinian lands effected by the building of a separation wall; thus, he is a constant irritant to the state that would rather put him in jail than let him be active outside.

We have attended all the hearings in his previous case until his release in April this year. Bassem spent13 months in jail, and his sentence included a 17-months suspended sentence, in case he repeats the violation of “disturbance of the public peace.”

And now it happened. On 24.10.12 a demonstration of Palestinian (and foreign) activists took place at Rami Levi franchise at the industrial park of Shaar Binyamin (South of Ramallah - on Rte. 60 - about a kilometer from the Adam colony). The protesters called for a boycott of products from the area (in occupied territories).

During the demonstration, the police arrested Bassam’s wife, Nariman. He tried to free her, and as a result was arrested and charged, among others, with attacking a policeman.

[See report by Amnesty International]

Judge: Major Meir Vigiser

Prosecutor: Captain Ashhar Erez

Defense: Gaby Lasky, Nery Ramati

Charges: disturbing the peace

                attacking a policeman

                participation in an illegal demonstration

The hearing did not begin until 15:20. The large crowd that came to attend the hearing had to wait since morning; among them were Bassam’s wife, many activists and MK Dov Khenin.

The military prosecutor requested a remand extension until the conclusion of the proceedings, invoking “endangerment” on the part of the defendant. He further claimed that Tamimi was kept in jail (while three others were released) “partly because of the suspended sentence: Had he not attacked a policeman, he would not have been arrested.”

The defense argued that the only proof in this case (which is the basis for the charge) is a report by Inspector Benny Malka, which clearly contradicts a film recording the incident. The film shows how other activists release Bassam’s wife, while Inspector Malka applies unreasonable force against Bassam and strangles him, as the latter tries to extricate himself. Nowhere is Bassam seen hitting Malka on his hand. Malka is also seen punching the face of one of the other activists, who tried to intervene.

Attorney Lasky argued that “a putative attack on a policeman, a demonstration and a suspended sentence for violent behavior do not add up to “endangerment.” She cited two cases in which the defendants were not sent to prison until the conclusion of the proceedings, but were instead released: one is Noam Federman, who “despite allegations and suspicion of attacking a policeman under aggravated circumstances on Temple Mount… was not even brought for remand hearing, but was immediately released, despite Federman’s long list of prior convinctions…”

The other example was that of Baruch Marzel, “who has 27 prior convictions, all involving  riots, public disturbances and attacks on police… and yet the court saw fit to release him under certain conditions…”

The court then watched a film presented by the defense in which the demonstrators are seen on the shoulder of Rte. 60, not on it, proving that they were not blocking the road, hence there was no reason to arrest Nariman Tamimi and others.

The judge deferred his decision regarding alternative detention (house arrest) and set a hearing for Thursday, 1.11.12 at 11 AM.

[See attached protocol - Hebrew]

The next day, at the request of the judge, 2 guarantors (with Israeli IDs) appeared before the court, with a couple of the defendant’s aunt and uncle who were willing to house Tamimi in their home. Each of them was interrogated separately, and they had to describe the conditions they were offering for the “house arrest”. Their home is located 500 meters from the defendant’s house; they have both line and mobile phones, and they were willing to notify the police in case the defendant ran away…

In his decision, the judge cited the Military Court of Appeals: “the soldiers and policemen who man the checkpoints carry out a difficult and important task… whoever disobeys their orders or acts violently, threatens security…”

However, the judge saw fit to mention that Bassam Tamimi’s case is “unique”: although he participated in an unlawful demonstration, apparently his aim was not to physically confront the police … Obviously, the violence he showed was not particularly severe… he attacked the policeman in the heat of the moment, as a protest against his wife’s arrest…this is not uncontrollable violence…

The judge also mentioned the fact that the defendant reported to court after his release on bail (in his previous case). Thus, the judge decided to release Bassam Tamimi to house arrest at his uncles’ home, in addition to a 20,000 shekel deposit and a third party guarantee of 20,000 shekels by two Israeli guarantors.

An arraignment hearing was set for Wednesday, 6.11.12 at 10:00.

[see attached protocol – Hebrew]

This was the judge’s considerate ruling. However, the military prosecutor, in a knee-jerk reaction and as is common in these circumstances, got up and requested 72 hours postponement to allow the prosecution to appeal the ruling.

In the meantime, Bassam and Nariman’s 16 year old son was also arrested at a demonstration last Friday. He is held at Ofer detention center (separate from his father).

His lawyers (Gaby Lasky and Nery Ramati) have appealed the arrest and he may be released today, 5.11.12.

Translation: Marganit W.

We came to hear the sentencing in the case of Muhammad Amira whose trial has been dragging on for a year and a half [see Norah’s report from 14.5.11]

Muhammad Amira is released on bail and came from his home in Ni’alin. We entered the court compound at the same time and had a chance to talk with him for an hour while we were waiting together, nervously, for the courtroom door to open. It turned out that all this while the judge, Major Amir Dahan was trying to convince the prosecution to retract the indictment. At three PM the answer came that the prosecution had rejected the judge’s offer.

We entered the court. The judge said that he had decided to acquit the defendant from all charges (sedition, supporting a hostile organization, preventing soldiers from carrying out their duty). The judge read his decision, which included a very detailed summation of the trial: the testimonies, the prosecution’s arguments and the defense’s replies. All this made clear that the prosecution was unable to prove Amira’s guilt.

Since the session had already taken so long, the judge decided to defer reading the rest of the arguments to next week. He asked defense, Atty. Nery Ramati (to whom he gave well deserved compliments) to submit in writing Amira’s petition for compensation. We will write a full report once the judge completes reading his decision and we have received the protocol. The legal procedure was not completed today. The prosecution will presumably appeal the acquittal. This case may drag on and on, and there’s no knowing how it will end. But today we had a little taste of justice, something quite rare in this place these days. 

Translation: Marganit W.

We attended the summation and sentencing hearing in the case of

Bassem Tamimi,ID959225640– Case No.2058/11, the Nebi Saleh resident whose trial we have been following throughout the year

(See earlier reports of the case).

A week earlier (20.5.12), we were at Ofer when the verdict was handed down

(See report by the Popular Struggle Coordination Committee)

Bassem was accompanied by his wife (he was released a month ago under restricted conditions because of the failing health of his elderly mother). Today he waited two hours to enter the court (upper picture). Beyond the fence (picture below) that separates Palestinians from the occupied territories from visitors from Israel, waited diplomats, journalists, photographers, representatives of human rights organizations and anti-occupation activists, all those who have followed this case from the start with keen interest and persistence.

Justice Major Etty Adar delivered the sentence:

30 months imprisonment, 13 of which Tamimi already served, plus 17 month suspended sentence for a duration of 5 years “if the defendant engages in sedition, incitement, aiding and abetting, or any violation involving throwing rocks or disturbing the peace which goes beyond organization and participation in unauthorized demonstrations”.

In addition: 2 month suspended sentence for a duration of 2 years, if he is charged with organization and participation in an unauthorized demonstration.

Plus a 7000 shekel fine.

Thus, by imposing strict and long suspended sentences, the system seeks to neutralize activists who struggle against the occupation, the separation fence and the plunder of the land, thereby suppressing the non-violent popular struggle.

(See attached protocol (in Hebrew) and a report by the Popular Struggle Coordination Committee).

Translation: Marganit W.

Judge: Major Meir Vigiser

Prosecutor: Nathaniel Kola

Defense: atty. Nery Ramati and Ihab Galid

We came to observe the hearing of eight boys from Beit Ommar accused of throwing rocks at Israeli vehicles. There was a rumor that the judge had ordered the eight boys removed from the village for a certain period. This rumor is false and it is not clear who spread it. Seven of the boys are in detention and will remain so until the conclusion of the proceedings.

Defendants:

Bilal Mahmoud Ayad Awwad – ID 4101537915

BaselAbu Maria – ID 859597908

Zain Abu Maria – ID854841111

Mohab Aadi – ID 859507600

Saed Al Sleibi – ID 859597882

Sami Abu Joda – ID 401691910

Ahmad Al Sleibi – ID 859543076

Ayash Awwad - ID 401539671

They are all 15-16. They were arrested in their homes between 2-3:30 AM and interrogated at the police station in the morning, without their parents’ presence and without access to a lawyer. All the boys confessed to throwing rocks and the event was captured on video and in stills. Three boys, Bilal Awwad, Sami Abu Joda and Ayash Awwad, have prior convictions for throwing rocks at Israeli vehicles and are under suspended sentences.

Defense Atty. Ramati argued that the blatant violations committed during the  arrests and the interrogations, which infringe on the boys’ rights, warrant their release on bail. In addition to being arrested in the middle of the night, three boys were interrogated by Motti Ohana, who is not a juvenile interrogator, and they were not notified of their rights (to remain silence).

I refer here to a debate sparked by Mili’s suggestion that we do not publish minors’ names. Responses to her suggestion spoke of the difference between the treatment of minors in Israel and in the Occupied Territories. In today’s hearing the defense said, “The defendants are minors and the principles that govern the juvenile laws in Israel apply to them too, therefore we need to be more careful in defending their rights.” Now the point is clear.

Ahmad Sleibi was released on bail in the morning (before we arrived in court) because his rights had been so clearly and blatantly violated. On the day of the arrest, Atty. Lymor Goldstein called twice asking to see the boy, but the interrogators forbade it. The boy was not informed about his right to remain silent. In view of this, the judge decided to release him on bail under these conditions:

10,000-shekel deposit in cash to insure his reporting to court.

Third party guarantee by a holder of an Israeli ID for 15,000 shekels,

Commitment to report to court when summoned to hearing of his case.

The prosecution appealed the decision and the appeal will be heard and next Sunday (April1).

A comment about the judge: he seems to have meticulously examined the flaws in the interrogation of each of the boys and insisted on guarding their rights as minors both during the detention and the interrogation.

The trial will resume on 4.4.12 before Justice Sharon Rivlin-Ahai.

Translation: Marganit W.

The physical check-up at the gate is getting worse and worse lately – this is unacceptable!

Justice Zvi Heilbronn’s Court

There were many delays today. The judge left the court because the defense did not show up; he asked to be summoned when the latter arrived. The judge returned but the attorney was not there, so the judge left again. Eventually the hearing began.

Ribhi Bazar, ID944540368

The defendant is a middle-aged man from Beit Lakiya. There were no family members in the court. He looked very dejected.

The prosecutor did not give us his name, guarding his privacy.

Defense: Rahamim Dayan (standing in for Atty. Dahan who represented the defendant previously)

Charge: On 18.2.12, a week before his arrest, the suspect provided his picture and 15 shekels with a view to obtaining a false ID card under the name of Yihya Shalubi. He is also charged with infringement of the ‘closed area injunction’ (illegal stay). The court accepted a plea bargain whereby two (unspecified) counts were struck from the indictment.

The court ruling: in view of the defendant’s prior convictions – 3 similar violations and one old violation; considering his record and his suspended sentence, and despite his claim that he broke the law in order to provide for his family (he has seven children), the court insisted he has to use legal means when he leaves his area.

Sentence: 4 months in jail from the day of arrest (26.2.12) and activation of the suspended sentence for 2 months, plus a new 2-month suspended sentence for 30 months for entering and leaving Israel illegally. He also got a 3-month suspended sentence for 3 years for using false documents, in addition to a 2500 shekel fine (to be paid upon his release) or two and a half months in jail.

Mati (?) Ruhi. The accused has no attorney. The court appoints Atty. Safiya (who arrived 5 minutes before the hearing). No family members attended the hearing.

Charge: He was caught on Rte 1 near Mishor Adumim driving at the speed of 143 KPH (in a 90 zone). When flagged, he fled the intersection driving through a red light. He was caught at Azariya Junction, with no driver’s license and no insurance. The vehicle has a yellow license plate and there were 5 passengers in it. He claims he is an auto electrician and is used to driving his vehicle in the village.

The Police Investigator requests detention until the conclusion of the proceedings.

The defense says such violations do not merit detention.

The investigator could not cite any precedents for his motion.

A debate ensued concerning the number of traffic lights on the road in question.

The judge says that if he releases the defendant before the conclusion of the proceedings, he will impose a complete house arrest under adult supervision.

The judge allowed the defendant 3 phone calls to arrange bail.

Justice Sharon Rivlin-Ahai’s Court

A group of detainees, most of them minors, came in one after the other. We left after four hearings, when exhaustion took a toll on our attention and concentration.

Muhammad Najah Salem – ID 4021955283 – Case No. 3129/11

A 14-year old boy from Hizme, who looks like a 10 year old. His mother sat in the court. When I spoke to her she smiled warmly.

Charge: throwing rocks in June 2011. The boy is not in detention. He sits next to his attorney, Safiya.

Military prosecutor – name not given.

Atty. Safiya spoke with the boy (perhaps trying to convince him to agree to a plea bargain). He smiled and looked amused, perhaps because this short, skinny boy was adamant in his refusal to admit guilt and insisted on an evidentiary trial.

There is a statement given by the boy at the police station, but I could not hear its details. There is also an incriminating witness, summoned to appear in court on 18.4.12. The boy is barred from discussing the case with the witness (also from Hizme).

The boy, showing serious demeanor, seems to understand the injunction. When the hearing was over, he sat down with his mother. Apparently, they waited for the hearings of the other boys who were charged with the same violation at the same event.

Fakher Shaher Raza Naasan, ID 860087949- Case No. 1625/12 – age 17.

Defense: Atty. Ahmed Safiya

Charge: possession of arms – on 20 occasions. He was caught collection bullets and shells at Hativat Etzion. The soldiers chased him and he is accused of preventing a soldier from carrying out his task. In December he and others threw rocks at an Israeli bus and damaged it, they aimed rocks at soldiers, set fire to a copse in order to draw the soldiers, then threw rocks at them.

The court agreed to a motion by the defense to postpone the trial by two weeks so the sides can reach an agreement.

Muhammad Jalab Muhammad Saleh Aladin- ID 401646385, Case No. 3185/11, age 16 from Hizme.

Defense: Atty. Ahmad Safiya.

The boy is accused of throwing rocks at Israeli vehicles in June 2011. He admits the charges.

In reply to the judge’s questions, the boy states that he does not study and does not work.

What do you do? – Nothing.

The court accepts a plea bargain: in view of the defendant’s clean record, his young age and his admission of guilt, he gets a 6-month suspended sentence for 3 years, plus a 1000 shekel fine to be subtracted from the bail deposit. The rest of the money will be returned to him.

Muhammad Waja Jamil Wahadan – ID 854554631 – Case No. 1441/12

A minor (we could not ascertain how old). Not in detention. The family is not present in court. He sits next to Muhammad Najah Salem and his mother.

Defense: Atty. Ahmad Safiya

The boy denies the allegation of rock throwing. Witnesses will be summoned and Atty. Safiya will represent him when the names of the witnesses are obtained. For reasons of conflict of interest the attorney has to make sure that he does not represent any of those witnesses.

Norah’s Report from Courtroom 4

Judge: Major Etty Adar

Defense: Captain Michael Avitan

Defense: Atty. Labib Habib

Defendant: Bassem Muhammad Abed Alrahman Tamimi – Case No. 2058/11, resident of Nabi Saleh, accused of incitement and organizing illegal demonstrations. He has been detained since March 2011 [See earlier reports on this case]

Today the court heard the concluding statements in this trial.

A large crowd of supporters and diplomats was present, as was the defendant’s mother, a small, frail elderly woman who cried most of the time. Her presence, however, brought joy to Bassem, her only son. A few years ago she lost her daughter who died while in detention.

The hearing began at 10:30 and ended at 13:15.

The prosecutor argued that Bassem Tamimi’s violation went beyond incitement, becoming active solicitation to throw rocks.

The defense, in a lengthy and excellent summation, argued that his client’s detention is illegal and he has to be released. His detention is based on illegal testimony and incrimination by two minors from the village whose interrogation was carried out in violation of juvenile laws. Their rights were violated and they spoke under pressure of intimidation and false promises of release.

[For details see protocol in Hebrew and a press release by the Coordination Committee of the Popular Struggle]

When the hearing was over, I helped the old mother to her feet and brought her to her son who kissed her excitedly. Nobody in the court (including soldiers and prison officials) dared interfere. 

Translation: Marganit W.

Morning and Afternoon sessions

A witness for the defense (a photographer) was supposed to testify today in the trial of Bassam Muhammad Abed Alrahman Tamimi – Case No. 2058/11.

Tamimi has been in detention at Ofer for a year, accused of organizing unlawful demonstrations and incitement.

Judge: Major Etty Adar

Prosecution: Captain Michael Avitan

Defense: Atty. Labib Habib

As usual, a large crowd waited for the trial of Bassam Tamimi: diplomats, representatives of human rights organizations, journalists, photographers and many supporters. But the hearing did not take place, despite the long wait by everyone connected to this trial. The reason: the witness, who had had an accident, came to the gate of Ofer Compound at 9 AM but was not allowed to enter because his arm was in a cast! The Prison guards refused to let him in because of the cast. All appeals to their superiors were in vain. The man waited until after lunch break and eventually was sent home, because he was refused entry.

After the break, when the judge found out about the refusal, she summoned the responsible party to court and demanded an explanation for the outrageous denial of entry. The officer explained that in the past they had had problems with people who used their cast to smuggle in contraband objects. This is a bizarre claim considering the sophisticated system and elaborate equipment, including magnetometer and screening machine used in the security room.

The judge rejected the explanation and rescheduled the hearing for 7.3.12 at exactly 11 AM. She instructed the screening officer to see to it that the summoned witness is admitted without delay at the appointed hour.

Many hours were wasted because of this arbitrary injunction and lack of coordination between the various branches of the legal system. The court crews as well as all the visitors mentioned above spent hours waiting for nothing.  

Translation: Marganit W.

Morning and Afternoon

Today, again, we had to wait in bitter cold and pouring rain until we were let in, frisked and allowed to attend the hearings. As usual, the soldier on duty explained that the Palestinian families have priority over visitors, knowing that we would accept such explanation with understanding; but surely the system can find an efficient way to let in the Palestinians and at the same time allow us to enter the court in time to hear the trials. Apparently, the military justice system is not eager to maintain the public’s right to attend trials: it complies only because it has to, and then heaps unimaginable obstacles on anyone who insists on exercising this right to be present at the hearings.

Courtroom 7: remand extensions

Judge: Captain Oren Boaz (ret.)

Police Investigator: Yehuda Ben Kisos

Defense: Atty. Nery Ramati

Suspect: Samih Jad Hatib, ID 859218000 – Case 73138/12,

a minor, 16.5 years old from Bil’in.

Samih was arrested four days earlier (on 15.2.12), charged with throwing rocks at the separation wall in Bil’in. With him were 2 other minors who were later released on bail.

The investigator requested remand extension for a few days to complete the investigation. The defense objected, asking instead to release the suspect, like the other minors. The attorney stated that his client had been detained - shackled - by the army for 16 hours before he was brought to the police station for interrogation, which is against the law.

The judge began to explain his reasons for releasing the suspect, when the investigator drew his attention to the fact that Samih has a suspended sentence for the same violation, whereupon the judge changed his decision acceding to the interrogator and extending the remand by two days.

On 21.2.12 there was another hearing in Samih Hatib’s case, when Justice Sharon Kenan ordered Samih detained until the conclusion of the proceedings.

The defense will appeal and the hearing is set for 26.2.12 PM.

Court 2

Judge: Major Etty Adar

Prosecutor: Captain Michael Avitan

Defense: Atty. Labib Habib

Accused: Bassam Muhammad Abed Rahman Tamimi, ID 959225640 – Case 2058/11 from Nabi Saleh.

Bassem Tamimi has been detained for 11 months now (since 24.3.11). Today he testified for the defense. His testimony drew even more visitors than usual (22): diplomats, journalist, representatives of human rights organizations and us. The hearing began in the morning and lasted until after lunch. In his testimony Tamimi rejected all the charges against him and reiterated that he does not recognize the laws of the authorities of the occupation and the Israeli army. He explained at length the reasons for the protest of Nabi Saleh residents, told of the theft of the village land by nearby Halamish settlement and how the army backs the settlers and uses violence against the villagers of Nabi Saleh.

For details of Bassam Tamimi’s testimony see press release by The Popular Struggle Coordination Committee.

The next Evidentiary Hearing was set for Sunday, 26.2.12 (but did not take place and was postponed to 4.3.12).  

Translation: Marganit W.

Morning and Afternoon sessions

We were detained at the entrance for 20 minutes and were allowed in only when most

Palestinians had been admitted.

Judge: Major Sharon Rivlin-Ahai

Courtroom 2

There were 21 cases in the docket this morning, most of them memoranda and arraignments hearings.

There was a long session in the afternoon for the evidentiary trial of Ahmad Mahmoud Ali Al-Salibi,

ID859543076-Case 5003/11

Prosecutor: Captain Batya Pitrio

Defense: Atty. Nery Ramati

Ahmad Al-Salibi, 16 years old, is released on bail. He was arrested at Beit Ummar on suspicion that together with others he threw rocks on Rte 60 and attacked a policeman. He does not admit the charges. (In the same incident a Palestinian student was shot and injured by a BP officer. In his defense, the officer claimed that he had been attacked while trying to arrest one of the rock throwers and that his life was in danger. The injured student’s trial is taking place these days at Ofer; he is accused of throwing rocks and attacking a policeman, Amir Sabarna.

[See previous reports on this case]

On 13.10.11 Ahmad Al-Salibi was interrogated at Hebron Police station by Sgt.-Major Sami Hamza, who today testifies for the prosecution in Salibi’s trial.

The defense conducts a meticulous cross-examination of the witness, exposing the faulty methods the interrogator had employed, in blatant contravention of all laws and regulations. Apparently, Sami Hamza used the same methods on other detainees who took part in the incident.

The defense attorney cites passages from transcripts of interrogations he had examined. Hamza did not warn the suspect that he might “incriminate himself”. He did not remind him of his right to remain silent, nor did he explain that whatever he said might be used against him.

The interrogator – who claims to be a qualified juvenile officer – did not comply with the requirement to have the parents present in a minor’s interrogation. He did not inform the family about the investigation and about the fact that it was conducted at the police station in Hebron.

In the video of the interrogation (parts of which were read in court) you could clearly hear how Interrogator Hamza tries to trip the detainee (for example: even though there is no factual information, the interrogator tells the detainee that the police has a video showing how he – the accused – attacks the soldier); similarly, Hamza tries to put words in the mouth of the accused. The defense claims that there are tendentious inaccuracies in the translation from Arabic (the language used in the interrogation) into Hebrew (the language in which the statement was written). Those inaccuracies are always detrimental to the accused. The main question the defense raises about the interrogation is: How did the interrogator know what to ask?? The soldiers who testified about the incident did not identify the accused and did not mention him specifically. It turned out that only four days after the interrogation did intelligence regarding Al-Salibi surface. He and other suspects arrested a few hours after the incident were interrogated without any evidence or information.

In the next hearing another witness will testify for the prosecution and the defense will present its arguments. It is set for 26.2.12 at 13:30.

Courtroom 1

From 10:30 until after 15:00 the court heard testimonies in the trial of Bassem Muhammad Abed Alrahma Tamimi, ID 959225640 - Case No. 2058/11

(See earlier reports on this trial)

Bassam’s wife and young son are present in court, as well as some of his usual supporters, plus a journalist and a photographer.

Judge: Major Etty Adar

Prosecutor: Michael Avitan

Defense: Atty. Labib Habib

Yitzhak Shilo, head of the unit that interrogated Islam Dar Ayyoub Tamimi (Bassam’s incriminator) testified for the prosecution.

(See earlier reports of the pre-trial regarding Islam’s case).

In cross-examination, the witness describes the interrogation as routine, in accordance with interrogations of Palestinians accused of disturbing the peace that are conducted at the Judea-Samaria Central Unit (the Binyamin Police Station does not have the means to tackle such disturbances, which cause the IDF serious damage. Local stations lack the skilled crews to interrogate and record, as well as proper facilities).

The defense tries to show that the interrogation of rock throwing kids is aimed at exposing the leaders and inciters behind them, to catch the “big fish”. For this purpose a slew of interrogators are recruited, in addition to the one or two qualified to interrogate juveniles. Those interrogations take longer than usual and use sophisticated equipment.

The witness confirms that the interrogation was conducted specifically to help solve the problem of disturbances at Nabi Saleh, but he rejects the attorney’s contention that the interrogation he conducted intentionally broke the law governing juvenile interrogation with a view to ferreting out the organizers.

A Side Story

A woman accompanied by her Hebrew speaking husband (who serves as her translator) is waiting in the court for the conclusion of Bassem Tamimi’s trial.

She is released on 1000 -shekel bail having been summoned to court upon her arrest at Meitar checkpoint 6 months ago. She is charged with “violating the injunction regarding enclosed areas”. In plain language: She is a Palestinian who does not have a permit to enter Israel. She admits that when she came back from visiting her sick father in Bethlehem, soldiers checked the passengers of the car and discovered her. Charges were brought against her (Case 2577/11).

The woman has been living with her husband and children for 25 years, but all her requests for entry permits have been denied.

She has no attorney and denies the charges. Justice Adar explains that the woman has a choice: plea bargain that can be arranged with the prosecution on the spot, or an evidentiary trial. Prosecutor Michael Avian made himself available right away, suggested conditions for a bargain, the judge accepted, and the state coffers were enriched by 500 shekels, to be deducted from the deposit the woman had posted.

The judge also approved a one month suspended sentence for a year.

Translation: Marganit W.

 
Ofra's Report:
We came to observe the trial of Bassem Tamimi. While waiting we met the
worried parents of a minor facing remand extension. Four other minors (maybe there were more - there was not docket, as should be) paraded before the judge, Sharon Rivlin-Ahai, who is in charge of trying Palestinian children and youths. Perhaps her practice will soon be extended, if the Prime Minister's suggestion that the Youth of the Hills  - who threaten peace in the region - are to be tried at the military courts in Judea. However, if this comes to pass, it will surely be the End of Days. In the meantime,only Palestinian children are routinely incriminated by their peers - courtesy of the GSS; only Palestinian children are kidnapped from bed in the middle of the night by Israeli soldiers and handed over to seasoned interrogators who also export their expertise to other countries; only
Palestinian children are taken away from their families and detained for months, cut off from friends and from their studies - only because they are Palestinians. This is what happened to the four I saw today, as they were brought in, two by two, handcuffed together:

Muhammad Abu Rumi, 15, from Al-Azariya, Saber Maali, 16 from Daheishe , Muaz Abu Nasser, 15,  and Yusuf Sabahne, 14, both from Daheishe, both detained since 23.7.11!
All four are accused of throwing rocks and Molotov cocktails. All categorically deny the allegations, which is why no plea bargain has been struck, as the court normally tries to impose. This is the reason for the unusually protracted detention - almost half a year! - of Muaz and Yusuf.
Moreover, both are charged with a violation allegedly carried out on Naqba Day (May 2008, when they were 10 and 11). How can an incriminating child
remember what happened three years earlier, unless the interrogators "make sure" he remembers. Why is it so important for the system to prosecute
minors for something that happened when they were young kids?
Muhammad complained of having been beaten by the GSS officer. His defense attorney, Tareq Bargout requested a postponement so he can check the
complaint before the next hearing, on 18.1.12.
A conversation with the attorney and Muhammad's father yielded the following:
Muhammad was arrested with his brother Abdullah, 13. The father, Ramzi, joined them at the interrogation facility at the soldiers' request. In accordance with the law governing juvenile interrogations, he was present at Abdullah's interrogation, and the latter was promptly released. But at the same time, Muhammad was interrogated without his father's presence, which is a violation of the Juvenile Law. He has been detained at Ofer ever since, for a month and a half.
 

Muaz and Yusuf are detained at Ward 3 at the Meggido Prison [the father claims that the facility houses adults too]. Their most serious complaint concerns "Ramleh Transit" (inside Ramleh Prison). This is part of the procedure of transferring prisoners/detainees from jail to the court. This transition site is notoriously agonizing. This is how the children describe it: filth, cockroaches, terrible food , awful toilets, no blankets! The tw spent 2 days at Ramleh Transit , from Thursday to Sunday, their day in court. The judge apparently knew about the ordeal, , which is why she showed "consideration" and set the next hearing day for Wednesday, which offers the shortest transit time.   

I reported all these facts to Physicians for Human Rights and to the Committee Against Torture as well as to B'tzelem.

Norah's Report:
As noted earlier, we came chiefly to attend the trial of Bassem Tamimi,
resident of Nabi Saleh, who has been detained since Mars 2011.

But before his trial started,  there was a memorandum hearing in the case of Muhammad Azem Zadki Kafaya, ID. 921569455, Case 1556/11
Judge: Major Etty Adar
Defense: Atty. Labib Habib
Charge: membership and activity [in an unlawful organization)
Kafaya is accused of supporting the Islamic Jihad. He was under administrative detention as well as detention by the PA.
His brother was in court. He told us that he, too, had been detained for a long period on charges of "membership".
An evidentiary hearing will be held on 5.2.12 at 13:30. Witnesses will be summoned.
 

Bassem Muhammad Abd Alrahman Tamimi, ID 959225640, Case  2058/11
Judge: Major Etty Adar
Defense: Atty. Labib Habib
Prosecutor: Major Michael Avitan

The only witness for the prosecution in this evidentiary hearing was Inspector Jalal Aweida who served as Investigation Officer (and is today a prosecutor in Acre). Aweida is well remembered for his testimony in the trial within a trial
concerning the legality of the interrogation of the minor Islam Dar Ayyoub from Nabi Saleh, who had incriminated Bassem Tamimi. [We found out lately that Justice Rivlin-Ahai had rejected the defense's argument that Islam's investigation was not conducted according to the law - see Press release and video from Islam's interrogation, published by the Popular Struggle Coordination Committee].

Aweida's examination and the cross-examination lasted for many hours, well into the afternoon. But the highlight of this tiresome examination was Aweida's repeated assertion that the minor's interrogation was conducted in a pleasant, relaxed atmosphere, that he did not use any intimidation tactics, everything was done in good humor. Even when he was confronted with a video of the interrogation where he is seen making threatening motions toward the boy, he insisted that it was all done jokingly”.
(See protocol of the hearing/examination- in Hebrew).

On the whole, Aweida's conduct was that of a landlord, not of a summoned witness. He answered what he chose to answer, raised his voice and bawled out the defense, until the judge had to reprimand him.
The next hearings are set for 22.1.12 /  29.1.12 / 19.2.12 / 26.2.12.