Petah Tikva - Barred (from meeting with attorney), Danger to Regional Security

Observers: 
Varda Zur, Nina Reshef (reporting)
Aug-10-2016
|
Morning

Petah Tikva Police Station

 

At today's hearing, the presiding judge was Major Arieh Levi;

Police interrogator: Sader Nadir.

Defense attorneys: Raed Mahamid and Yassin Jit.

 

The session began 30 minutes late. A total of 12 cases were brought before the judge, with the last two deprived of meeting with counsel.

The first 5 cases were heard again in almost assembly-line fashion. All were accused of endangering the region's security, with remand requested and approved for another 8 days in order to complete the investigations and forward the cases to the Military Prosecutor at the Salem Military Court, North of Jenin.

Due to the speed of the proceedings, I was unable to document one case.

 

During this session, the detaineesinfo-icon were neither brought from nor returned to their cells wearing blindfolds.

 

After listening to the summary of the interrogation, we decided to continue to clarify just who does the actual interrogation. We had access only to Raed Mahamid, who had exited the courtroom, like us, when a detainee denied consultation with council was being questioned. He stated that it is a special police unit that continues the interrogation after the army arrests a suspect. In response to our question, he stated that he didn't know just how the police and the Shabak collaborated during the interrogation.

 

Heard in passing: There had been a change in procedures approved by the President of the Court, but these had not been instituted in Petah Tikva as yet. Also, some new procedures would take about 6 months to be implemented.

 

We would like to commend the presiding judge, Major Arieh Levi, for the respect he showed toward all parties during the proceedings, his thoroughness and good humor.

 

 

Salah Hajaz Salah Shbeita - ID 402291819

8 days were requested in order to complete the investigation before handing the case to the Military Prosecutor.

Justice Levi questioned the validity of the demand given the incompleteness of the file, due to the absence of written charges and a summary of the investigation conducted during the last 8-day remand. The detainee's admission of guilt had not been investigated, nor was there a proper listing of the acts to be completed in order to close the investigation.

The investigator, who wished to declare, there and then, the future steps in the interrogation, material that should have been written in the report, but was curtly dismissed by the judge, stating that he could not accept a verbal declaration concerning a secret matter in public.

However, after reading the previous remand-request report, it appeared that the detainee had connected himself to the charges; hence, the judge denied the request for the detainee's immediate release. However, given the flaws in the case file, the judge stated that another 8 days of remand was unwarranted and approved only 2 days in order to close the file.

As part of his presentation of his reasoning, the judge reviewed the judicial demands to be met when presenting a case for judgment while reprimanding the interrogator.

 

 

Muhammad Najah Abdallah Samara - ID 854915485

The detainee had been held under administrative detention since 26 June and then officially arrested for the purpose of interrogation on 3 August.

His attorney stated that the detainee denied all the charges against him and had declared his innocence.

The police investigator stated that given the new turn in the investigation, 5 days were requested to complete the investigation.

The judge stated that based on a confidential report completed by the Shabak (GSS) and the findings of the investigation, the 5 days of remand were warranted and thus approved.

 

 

Mou'id Gamal Said Shiareb - ID 941120628

The detainee is suspected of being a member of Hamas, aiding Hamas, receiving funds in the name of Hamas, and conspiring to plan attacks against the IDF and Israeli targets. He admits to the suspicions.

The interrogator requested a remand extension of 5 days.

The attorney stated that given the detainee's poor medical condition, and in view of his admission to the suspicions, together with his client's statement that the interrogators had told him that the investigation had ended, warrants reduction of the length of the remand.

The interrogator replied that the detainee’s claim is incorrect. There have been new developments in the case, which he could not elaborate in public. A plan of 8 actions has been devised.

The judge announced that the attorney's argument (i.e., admission per se was sufficient for transferring the case to the Military Prosecutor) was disrespectful toward the court and the law. He added that the attorney knows full well that self-admission without corroborating facts is unacceptable in court. All claims, including that of guilt and medical condition (the detainee was being treated by a physician at the detention center) required investigation in order to ascertain their veracity. Furthermore, the interrogator was requesting 5 days for an investigation that usually takes 8 days, which indicated careful planning and consideration of the detainee.

Hence, the 5 days were granted.

 

Hamdan Ahmed Hamdan Shtiwi - ID 860140805

The detainee is suspected of possession of a weapon, trade in weapons, membership in a criminal organization, membership in a hostile organization, and acts against the region's security.

He was arrested only this morning.

Both sides accepted a remand extension of 8 days.

 

The final two detainees were deprived of meeting with counsel and others. Hence, the courtroom was cleared and we left.

One of the two was Omar Hashem Yunis Katisha - ID 921532065, who had also been deprived of meeting with counsel when brought before the court last week.