Ofer - Administrative Detention, Minors

Translation: Marganit W.

Again threat of Administrative Detention

Reminder: administrative detention is preventive detention without indictment.

Judge: Major Kamal Zaharldin

Defense: Attys. Nasser Nubani and  Muntherr Abu Ahmad.

Detainee: Assaf Bargouti.

This is a remand extension hearing.

Background:

In Dec. 2018 two terrorist attacks occurred: at Ofra Junction and at Givat Assaf. Allegedly, two members of the Bargouti family were involved in both incidents.

The Bargouti family of Kubar Village is a large family and many of its members have been and still are in prison. The police claims that Issam Bargouti was the shooter in the Givat Assaf incident on 13.12.18. He fled the scene but on 7.1.19 he was arrested and since then he has been interrogated by the Shabac [GSS].

Until Issam Bagouti’s arrest, many of his family had been arrested and his father has been put under administrative detention. His 17-year old brother is being interrogated by the Shabac at the Russian Compound.

During the hearing the prosecutor requested a 72-hour remand extension, in order to bring the case before a military commander so an administrative detention order could be issued.

And here is the explanation for the administrative detention order (from the protocol): 

“While preparing the material in the respondent’s case, the military prosecution came to the conclusion that there is no ground for criminal indictment, hence they request an administrative detention.”

In other words, there is no need for an indictment.

The defense objected, claiming that Assaf Bargouti is in custody only because he is Issam’s brother. He has been interrogated by the Shabac at the Russian Compound for a month.

There’s no need to elaborate what the Shabac interrogation is like.

The judge agreed  that there is room to consider administrative detention and that the circumstances warrant a remand extension.

He ordered a 48-hour remand until 16.1.19, adding, “The court instructs the prosecution that if it is determined that the administrative detention should be discontinued, the detainee should be released promptly.”

Addameer  Human Rights Organization reports that there are currently 480 administrative detainee in Israeli prisons.