Russian Compound, Jerusalem - Membership/activity in unauthorized association, Remand Extension
Translation: Marganit W.
Judge: Major Sivan Omer
Defense: Ma’amoun Hashim, Judd Kadmani, Khader Daibes
There are four files in the docket.
Bahaa Muhammad Abd Al-Kader Huaja – ID 85399809
Born: 1992. Residence: Na’alin.
He is represented by all three attorneys.
Bahaa was arrested on 13.10.18 on suspicion of membership and activity in an unauthorized organization, as well as aiding and abetting the organization and endangering peace in the region.
The investigator requests a 15-day remand extension.
The defense asks:
Q: How is the respondent connected to the charges?
A: There is a confidential file detailing his connection. The investigation is complex.
Q: Are the suspicions current?
A: They are.
Q: Is it based on information or incrimination?
A: It’s in the confidential file.
Q: Are others involved?
Q: Does he deny the allegations?
A: The suspect is not cooperating. He has not given a statement.
We object to the request by the investigators. It is exaggerated. The respondent denies the allegations.
“The request is for 15-day remand.” The judge dictates the charges, and knowing what’s in the confidential file, she asserts that there are serious charges against the suspect. “I will allow the investigation to proceed, in view of the severity of the charges… However, based on the information in the file, I will shorten the detention to 8 days.”
Hussein Daoud Hassan Aata – ID 403837651
Born: 29.8.1998. Resident of Dir Abu Mashal.
Defense: Atty. Khader Daibes.
The police investigator requests 15 additional days to complete the investigation.
Charges: throwing rocks and firebombs and violent activity.
From the defense’s questions we gather that the suspicions are recent. He has not yet given a statement to the police. At this point, he denies the allegations.
When asked about other participants in the events, and for the basis of the arrest, the investigator refers to the confidential file.
We object to the remand request. It is exaggerated. The respondent rejects the allegations.
(I copy earlier decision) “The request is for 15 days” The judge dictates the charges, and being aware of what’s in the confidential file, she concludes that the charges are serious. “I approve the continuation of the investigation due to the severity of the charges. 8 day remand extension.”
Tarek Bassem Muhammad Nasser – ID 40503 1527
Born: 1.11.99. Resident of Safa.
The police requests 11 day extension.
Charges: membership and activity in an unautharized organization and providing services to that organization.
He’s been in detention since 3.20.18.
From the defense’s question we learn that the detainee admits to some of the charges and that he has given a statement to the police.
The attorney states that in this case, too, the long remand extension prevents judicial supervision, and the detention conditions are very harsh. This is the third extension. The defense request transfer of the case to the prosecution, or a least to shorten the investigation.
“having examined the file, I conclude that further detention is warranted…”
8-day remand extension.
Seif Samer Sahil Al-Adariso – ID 8594765814
Born:17.6.1990. Resident of Tul Karem.
Defense: Atty. Daibes.
The police requests 8 more days.
Charges: planning a military action (with others), membership in an unautharized organization and aiding and abetting that organization.
The investigator adds for the protocol that if there is no development in the case, the file should go to the prosecution within the 8 requested days (as per the judge’s decision in the earlier remand hearing).
Defense: This is the 6th extension. The detainee is kept under harsh conditions and undergoes long interrogations. In the earlier hearing the judge recommended giving the file to the prosecution, absent any other development. The detainee reserves the right to remain silent and has given a police statement.
Question: if he maintains silence, how can the investigation proceed?
Answer: He was asked about his health and such.
Judge Omer examines the file and directs questions at the investigator. The two are heard whispering. She tells him to go seek advice regarding her decision (apparently she means to release the detainee, with a possibility of appeal within 24 hours).
The investigator leaves the court, the detainee is taken out and we all wait for her honor to write her decision while the investigator confers with the Shabac [GSS].
Judge’s decision (in my words):
Since there is no progress in the investigation I order to release the detainee. I expect the police to transfer the file to the prosecution for a decision regarding further remand extension.
The investigator returns reporting that they request 72 hours to appeal the judge’s decision. The judge agrees to only 24 hours for the appeal.
The judge examined the files thoroughly. Perhaps this is why she appreciated the lack of progress in some of the files.