Ofer - Administrative Detention, Appeal
Translation: Marganit W.
Immediate threat – stay order in order to consider administrative detention
Judge: Lieut. Col. Shmuel Kedar
Request for remand extension until the conclusion of the proceedings in the case of the defendant Odeh Kadi.
Defense: Atty. Ihab Galid
The reason for the prosecutor’s request are Facebook posts that the defendant published in his account . They are videos of Hamas, which the prosecution regards as seditious – they lead to dangerous acts.
The defense pointed out that the defendant has no criminal record. What he posted in his account had already been published on news sites. Moreover, he is the sole provider of his family.
Judge Kedar pointed out that there are 4 posts in the indictments – two show masked Hamas combatants and two praise Hamas, while a mother of a dead fighter calls on her other sons to follow in his footsteps. The judge said he could not discern a clear call for violence, only praise for Shahids (martyrs). Besides not many people saw those posts and they did not garner much approval.
It’s interesting to note that in order to decide whether the posts warrant a remand extension, the judge (basing himself on decisions by the Appellate Court) referred to the number of “likes”, noting that they were few.
Another consideration of the judge: “Incidentally, in news programs on Israeli TV, we routinely see interviews with Hamas operatives with coverage of their activities. One wonders if that does not count as sedition, warranting a debate about whether freedom of speech should apply to both sides.”
Thus, the judge ordered an alternative to detention: release on 4,000- shekel bail.
The prosecutor requested a 72-hour delay to consider administrative detention.
The judge agreed to 48 hours to allow the prosecution to appeal. He added: “I reject the request for 72 hours to consider administrative detention, which is a separate procedure from stay of execution aimed at submitting an appeal. I cannot consider 72 hours for an administrative detention based on the investigation report.” Meaning, there is still no secret material from the Shabak [GSS]!
We were informed that Odeh Kadi was indeed ordered to administrative detention for 3 months until 25.10.18.