Ofer - Assault of soldier/policeman, Health Problems
Translation: Marganit W.
Verdict in the case of Arij Hushia, arrested on 27.12.17 and charged with attempted murder using a hairpin.
Judge Major Sebastian Osovsky read the court’s decision.
Atty. Fadi Qwasme represented Arij Hushia
The protocol is long, so I will give only main points:
On 27.12.17 Arij arrived at Qalandiya Checkpoint with her 8-year old sister who has Down syndrome, and other health issues. They were accompanied by their mother and grandmother, and were on their way to St. John’s Ophthalmological Hospital in East Jerusalem. They had with them a summons to the appointment and an ID card of another sister.
We have already reported several times on how the little girl ran away and how Arij was barred from crossing (after her mother urged to go through). In the end, Arij was arrested, interrogated, and at one point stripped of her clothes, with two men present. She held a hairpin from her headgear in her hand, and according to the records, talked nonsense.
The evidentiary trial took ten months. The prosecution insisted on a charge of attempted murder. Eventually the judge decided to acquit her on the charges of homicide and attempted terrorist act, for insufficient evidence.
The remaining convictions are: attempt to enter an enclosed military area, impersonating another, attacking and threatening a soldier.
Hearing arguments for punishment will take place on Sunday.
We attended all the hearings, including the long verdict deliberations with citations of precedents and legal arguments, and we wonder what is the point of imprisoning a young woman, whose cognitive deficiencies have been recognized all along, and why so much effort was invested in trying to convict her for murder with a hairpin.
As in earlier hearings, Arij’s relatives were in court. The mother told us how attached the sick little girl is to Arij: she keeps kissing her picture and waiting for her return.
Hearing in the case of Asia Caabane
Judge: Major Sebastian Osovsky
Defense: Atty. Farah Biadsi
On 24.4.17 Asia Kaabane, 48 year old mother of 9, arrived at Qalandiya Checkpoint with a knife in her bag. She asked the guard to open the gate, and when the latter went to the gate, Asia went toward her and stabbed her in the shoulder a couple of times. She then threw the knife on the floor, evidently fed up with all the hardships she had suffered.
In his decision, the judge stressed that this is an extraordinary case, since the accused acted out of acute mental anguish: her family situation was difficult, and both sides agreed that the motive was not nationalistic.
In addition, the defense presented a rehabilitation plan offered by a Palestinian organization. Rehabilitation can commence only after her release (but it may be factored in with a petition to reduce prison term by a third.)
Decision: 42 months and a day in prison, beginning with the day of arrest.18-months probation for 5 years for any violent crime, and an 8000-shekel compensation to the injured party.
A discussion ensued whether the victim should be notified about the agreement or asked to consent. (In the end it was decided that a notification was sufficient).