Petah Tikva - Barred (from meeting with attorney), Holding and trading of combat materiel

Observers: 
Varda Zur, Nina Reshef (reporting)
Aug-24-2016
|
Morning

 

Presiding judge: Lt. Col. Kobi Raz;

Police interrogator: Sader Nadir;

Defense attorneys: Nassim Abu-Ghosh, Raed Mahamid, and Yassin Ghet.

 

The session began an hour late (10:30). A total of 7 cases were brought before the judge, with the first of these barred from consultation with defense counsel. The atmosphere was again hurried but casual.

We received permission from the police investigator to photograph the list of detaineesinfo-icon brought for extension of their remand, needed to ensure accuracy in reporting their names and IDs.

 

During this session, only the detainee barred from meeting with attorney was blindfolded when he arrived and when he was returned to his cell.

 

Khudifa Mahmoud Muhammad Hamdan, ID 403164999

The detainee was barred from meeting with attorney, meaning that we and the defense attorneys were denied witnessing the proceedings. Hence, we were also denied knowledge of the charges or the remand time requested.

 

Mou'id Jamil Said Shurab, ID 941120628

Suspected of possession of a weapon, commerce in weapons, membership in a hostile organization and intention to transmit information to a hostile organization.

The detainee denied all the charges. Defense counsel Abu-Ghosh stated that the detainee had undergone only one interrogation session during the entire time of his incarceration, and that in connection to other matters, involving someone else.

The police investigator claimed that everything related to the detainee's detention was indicated in the confidential case report, with new developments appearing in his case as well as that of others.

Defense attorney Ghet asked whether the detainee had been questioned by the police, whether all the information available had come to light during his interrogation by the Shabak [GSS], as well as how many additional steps were to be taken as part of the investigation.

The investigator stated that interrogations had been conducted by the police as well as the Shabak, with all the details noted in the confidential report.  When asked by the defense attorney whether the detainee had undergone a polygraph session, surprise was noted in the investigator's response: Poligraph?!!

The defense attorney asked to reduce the number of days of remand request, to transmit the file to the Prosecution or to release the detainee immediately.

The judge nevertheless granted the 5 days of remand as requested by the investigator.

 

Abed-el Rahman Ahmed Abed-el Rahman Asida, ID 411296445

It was impossible to hear the charges as everyone started talking at once for some reason.

The investigator requested a remand of 15 days in order to complete the investigation.

After review of the case, the judge suggested 8 days, to which both sides agreed.

 

Hamdan Ahmed Hamdan Shteewi, ID 860140805

Suspicion: Possession of a weapon. The investigator states that incriminating evidence has been found. The detainee denies any guilt. After discussion between the parties, they agree to a remand of 5 days, with the investigator stating that there was a good chance that the case would be transferred to the Military Prosecutor at the end of this period (i.e., 28 Aug.)

 

Sharif Jamil Said Shurab, ID 850544164

Suspicions: possession of a weapon and explosives, illegal use of a weapon, conspiracy to cause harm, endangering the area's security.

Defense attorney Ghet requests that the judge review the case given that the detainee is suffering from the results of a shock grenade. He states that the detainee claims that no progress had been made in the investigation throughout the period of his detention, and that no new charges had been brought other than that to which he had already confessed. He also claimed that the case had been brought before the Appellate Court after his previous, fifth, detention.

After stating that a meaningful turn in the investigation had occurred, which was detailed in the confidential report, the investigator requests that the case be transmitted immediately to the Military Prosecutor. The defense attorney also requests that the judge review the report of the appeals court. We are not told what this entails. There is considerable discussion among the parties. After reading the confidential report, the judge grants 5 days of remand and orders the investigator to complete the investigation as soon as possible.

 

Abdullah Muhammad Najib Abed-el Latif Muhammad, ID 950911859

Suspected of possession of a weapon and explosives, commerce in explosives, conspiring with a hostile group, endangering regional security. Defense counsel: Attorneys Abu-Gush and Mahamid.

After reviewing the case file, the judge suggests reducing the requested remand of 12 days to 8 days as requested by counsel, but without guaranteeing that the investigation would be completed or that an additional, short remand would not be requested.

In response to the judge's request that every effort be made to complete the investigation as soon as possible, the investigator states that such efforts are always made but that the circumstances sometimes interfere with these efforts. The judge attempts to bring the parties to an agreement over the length of the remand, with the investigator arguing that the shorter remand will interfere with completion of the investigation. The judge notes that 13 investigative actions are listed but again requests that the time needed be reduced.

At this point the investigator states that there is evidence tying the detainee to the suspicions. In the end, the judge agrees to a 12-day remand and requests once more that every effort be made to complete the investigation by that date (4th Sept) so that the case can be transmitted to the Military Prosecution.

 

Alfard Halil Hana Atik, ID 984455154

Suspicions: conspiracy to commit a crime, possession of a weapon, commerce in weapons and explosives.

This is the first time we see a detainee aged about 60.

15 days of remand are requested in order to complete the investigation, especially given the recent date of his arrest, only yesterday (23 Aug).

(We observe seemingly friendly interactions between the parties, e.g. laughing, back-slapping.)

Defense attorney Mahamid notes that the detainee has a license to repair weapons owned by the Palestinian Authority as well as to possess weapons on behalf of the PA.

The investigator also states that the detainee is suspected of serving entities other than the PA. When repeatedly asked about the suspicions, whether they are security or crime related, and whether the detainee has incriminated himself, the investigator reiterates that the findings of the investigation are confidential and detailed in the file. He also states that the detainee is being interrogated in order to "arrive at the truth".

The judge states that given the detainee's age, his cooperation, and the fact that this is his first arrest, as well as to intensify judicial oversight, he will grant a remand of "only" 12 rather than the requested 15 days.