Russian Compound, Jerusalem - Activity against security in the region, Release on Bail
Translation: Marganit W.
Judge: Major Merav Hershkovitz Yitzhaki
Investigators: Zaharan Halabi, Ranan Halabi
Defense: Judd Kadmani, Maamoun Hashim, Hader Daibes
There are 9 cases in the docket.
Taer Anis Shabash – ID 900114166,
resident of Azariya
The charges: terrorist activity endangering security in the region.
There were four attorneys in the court all trying to talk to the detainee. There was much noise and the judge tried, in vain, to calm the situation.
The police investigator requests 10 additional days to complete the investigation. He hands the judge the file and leaves with one of the defense attorneys in an attempt to reach an agreement,
The judge asks for clarification of certain details in the file in order to understand the direction of the investigation.
The detainee was arrested on 18.3.19. He was interrogated and released. He was later arrested again in connection to another event involving other participants. There is a gag order on this case until 27.5.19.
The judge is very active, asking questions and trying hard to get the attorneys to sit down. She states that having read the file she does not find the evidence against the detainee compelling.
Investigator: The suspect does not cooperate. He furnished no satisfactory explanations.
The judge asks the investigator which procedures requested in a previous hearing have been completed.
The list is read, and noted in the protocol: there is a request for polygraph test. The detainee refuses adamantly to take the test.
Since the sides have not reached an agreement, the attorneys wish to ask the investigator a few questions.
Atty. Kadmani: We do not accept the investigator’s proposal.
Q: Is there progress in the investigation?
A: There is no change.
Q: The detainee denies the allegations?
A: He does not cooperate regarding certain parts, denies the allegations and does not furnish satisfactory answers.
Q: How does he refuse to cooperate?
A: The polygraph test.
The case has been concluded. The two main suspects have been arrested, one indictment is ready and the other is in the process.
During the previous arrest, the detainee was asked the same questions and was released. You cannot base the investigation on a claim that the answers were not satisfactory. You have to reinforce the suspicions. In this case the suspicions are unwarranted. The respondent is cooperating . He has two children. He has no connected to the suspicions.
I have read the material in the file. There is no progress in the investigation. Nothing has changed. The detainee is from Azariya.
Suddenly, the judge comes up with a solution:
We have here in court an attorney, Naboulsi, who has an Israeli ID card. He lives in Azariya and is not connected to the defense team. He is willing to act as guarantor and pay the bail money. He will be responsible for the detainee’s appearance in court, if requested to do so.
The judge turns to the detainee and warns him: don’t you dare break the terms of your bail.
An attorney is willing to vouch for the detainee and make sure he fulfills the terms of my decision: the detainee can go back to his home in Azariya, but must not leave the village until 5.6.19 – the end of Ramadan. Mr, Naboulsi, the guarantor ,will make sure that the suspect does not leave the village. 10,000 shekels will be posted as bail, against a receipt that will be issued later.
The terms of the agreement are explained to the suspect.
The investigator requests a 24-hour delay: he will notify the defense if he accepts the decision or appeals it by 4 o’clock the next day.
The judge announces that if there is no appeal, the detainee will be released by 10 AM the next day.