Ofer - Appeal, Detention until conclusion of proceedings

Observers: 
Tova Szeintuch, Norah Orlow (reporting)
16/05/2016
|
Morning

Translation: Marganit W.

 

On the hottest day of the month we decided to focus on two hearings that were of interest to us. Through the potted geraniums that now decorate the wall separating the courtrooms from the crowd of Palestinians baking in the blazing sun, we made our way to the courtroom presided by

 

Justice Major Meir Vigiser

Prosecutor: Lieut. Anan Sarhan

Defense: Atty. Talia Ramati

 

Defendants: Ismail Ibrahim Mahmoud Adra – Case 1200/14

                    Saber Ismail Ibhrahim Adra – Case 1282/14

 

They are father (73!) and son from South Hebron Mountain, both arrested on 6.1.16 and released on bail on 14.1.14.

As reported in two earlier reports the incident that led to their conviction took place on their own land. After several provocations by violent settlers from nearby Mitzpe Yair who tried to evict them from their land, the two had enough and resorted to violence in order to drive away the provocateurs.

 

The defense claimed that the settlers had already reached their aim because the condition for the bail stipulated that the Adras would be barred from their land. Thus for the last two years they have been unable to till their fields.

 

The judge refused to take Ismail Adra’s age into consideration claiming, that if the man is still able to throw heavy rocks, the age issue is irrelevant.

 

Ismail Adra received the following penalties:

12 months in prison starting from 19.6.16, One month probation for 3 years, 5000-shekel compensation to the claimant (who was injured) to be deducted from the posted bail.

Zaber Edre received the following penalties:

incarcaration to coincide with time already served. 12-month probation for three years and 5000-shekel fine to be deducted from the posted bail.

 

We have often commented that the system uses any means, including false allegations, in order to quell the popular Palestinian uprising – especially when the detainee is a well known veteran leader long marked for prosecution, who is detained and jailed at will.

 

This time it is Abdallah Mahmoud Abu Rahma – ID 997446703

A resident of Bil’in, arrested on 13.5.16 while participating in a bike ride from Ramallah to Bil’in.

This is a remand extension hearing:

Justice Lieut. Col. Azriel Levi (res.)

Police Investigator:  Sgt. Fc Yossi Ben Arush

Defense: Atty. Talia Ramati

 

In an earlier case from a year ago Abu Rahma was convicted for “disturbing a soldier” and was given probation. Here is a chance to try to activate the probation. The investigator alleged that the suspect participated in an unlawful demonstration in a closed military zone. [Several years ago Bil’in was declared a closed military zone every Friday from noon to 18:00]. The investigator also claimed that the suspect resisted the order to vacate the area and force was needed to arrest him.

 

But then the judge asked the defense to show him the video taken during the incident.

After viewing it, he was visibly angry, telling the investigator that the bikers and the demonstrators clearly left the area peacefully when told by the army to leave. But shortly afterwards Border Police forces arrived and attacked the defendant physically and verbally, without any provocation or resistance on his part. “The film”, said the judge, “to put it mildly, does not corroborate the PB officers’ testimony. Unfortunately, the police did not present its own film, even though they did film the incident.”

[SCALES FOR JUSTICE organization posted a video showing Abu Rahma in the first minutes of his encounter with the army and then the BP.]

 

In the end the judge stated that there was no proof that the suspect committed any violation and he ordered him released on bail.

But once again, even though the judge recommended not appealing the ruling, the investigator insisted on postponing the decision and the judge ordered a delay until the following morning.

Two days later an appeal was submitted to the Appellate Court. The presiding judge returned the case to the earlier court with an indictment, so the military prosecution could conduct a more thorough investigation.

On 19.5.16 Abdallah Abu Rahma was brought before Justice Lieut. Co.l Sharon Kenan, who also decided to release the accused against a 15.000-shekel bail and third-party guarantee by 2 Israeli Arabs for the tune of 10,000 shekel each (!!)

Again, the prosecution requested to delay the release until Sunday 22.5.16 at 16:00, when an additional hearing will take place. Until then, Abdullah Abu Rahme will be detained at Ofer Prison.

 

On 19.5.16 Abdallah Abu Rahma was released on bail. He is now awaiting trial.