Petah Tikva - Danger to Regional Security, Remand Extension

Observers: 
Ada R., Ada H.
Nov-7-2007
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Translation: Jonathan M.

Judge: Major Itai Regev

Prosecutor: Aataf

Translator: Salmaan

Typist: Hadas Penhasi

Lawyers: Aabed and Mhajna

General: the deliberations were scheduled to start at 10 am, but the first detainee was brought in at 9:50 am. Attorney Mhajna had to leave at 11:15 to attend hearings in Jerusalem, after representing three clients (of which I only wrote down two names: Balul Mustafa Ragav and Bashar Walid Hadari). Today 18 detaineesinfo-icon are brought before the judge, four of which are restricted from meeting with a lawyer. Attorney Abed was quite aggressive today and questioned the investigator over and over. Upon receiving the standard repetitive answers he did not hesitate to ask the judge to order the investigator to provide substantial answers to his questions. It was defense work at its best.

The judge, Major Itai Regev, who has the face of a sweet child, passes very unclear verdicts. His decisions are not clear cut and can be interpreted in completely opposite ways.

 Morad Mahmmud Abu-Namus (restricted), Nabuls. Arrested on 2.11.07.

Prosecution asks for remand in custody for 15 days. Client-Attorney restriction until 11.11.07.

Attorney Mhajna: we object to the request. He has been in custody for a week now and it's safe to assume that the investigation is still in its initial stage. A shorter remand in custody is probably sufficient. I would like to point out that the suspect is restricted from meeting an attorney.

Remand in custody for 15 days.

Raad Haled Koka, Nablus. Arrested on 26.10.07. Prosecution asks for remand in custody of 8 days.

Attorney Abed asks the routine questions and the investigator as usual refers to the "classified file" or the "classified report". He does not know his "clients" and does not remember what is in the files. Since the files are classified he doesn't really need to remember anything...

Attorney Abed: "This is a religious man who works in a mosque. He has no connection to the allegations. During his detention he has only been interrogated once. The suspect had been detained as a result of a mistake. The Palestinian Authority released him since it realized that he was falsely arrested. The suspect has been arrested purely on the basis of intelligence information, with no corroborating witnesses. The suspect was convicted in the past, but has since learned his lesson and has not taken part in any activity that endangers the security of the country or the region. I ask to release him from custody before irreversible damage is caused to him. The suspect attends university and was supposed to take his exams two days after he was arrested. There is a concern that he would have to forgo the semester if his detention continues."

Decision: the suspect is connected to the specific charges. Remand in custody for 15 days.

Muhamad Hamdan Kana, Nablus. Arrested on 20.10.07. Prosecution asks for remand in custody for 15 days.

Attorney Abed asks that the case be brought to a trial or that the suspect be released. He asks of the court to order the investigation completed as soon as possible. The suspect was arrested on 20.10.07, was remanded for 15 days and this is his second remand in custody. The suspect has given his statement to the police. The other suspects in the case, who were in police custody, had also given their statements. The fact that the suspect had not been interrogated for the past week shows that the investigation should had been over by now or has already concluded. Therefore, the prosecution's request is baseless and unacceptable.

Decision: remand in custody for 15 days.

Ihab Taher Shid, Nablus. Arrested on 11.9.07. Prosecution requests remand in custody for 8 days.

Attorney Abed: "we object to the request. The suspect has been detained for almost two months. The last time custody was remanded for 15 days and since then he has not seen an investigator. "

Decision: Remand in custody for 8 days. There is no doubt that the detention of the individual has been a long one and the prosecution will have to come to operative conclusions regarding the procedures necessary to complete the investigation in a hastily manner.

Majdi Salam Shurak, Awarta. Arrested on 11.10.07.
Attorney Abed: (argues with the investigator about the date on which Shurak arrived at the detention center. The investigator suggests that the suspect might be lying. The suspect then produces a receipt from the detention center that proves he is telling the truth) "The suspect stated that upon his arrest he was brought in front of an investigator who told him to return to his cell, think about what he has done, and then return and confess. After ten minutes he was returned for investigation and that was it. He has yet to understand what he was arrested for and what is expected of him."
Attorney Abed questions the investigator: "are there other people involved in the investigation? Is the arrest based on pure intelligence data or are there incriminating witnesses? Has he done anything?"

Attorney Abed addresses the judge and states that none of the answers he received were relevant. He asks the court to address the conduct of the investigation, the fact that the defense attorney is left in the dark and to the fact that after one month under arrest the detainee has no idea why he was arrested. He also asks that the court examine the status of the detainee and why he has not been interrogated so far.

Decision: instructs to release the prisoner immediately after recording his identity, exact address and receiving bail for the amount of NIS 7,500.

The investigator asks for 72 hours in order to appeal.
The judge orders to postpone the release for 72 hours.

Mahmud Saaid Ska,
Balaata Refugee Camp

Arrested on 23.10.07. Prosecution requests remand in custody for 16 days.

Attorney Mhajna tells us that the suspect is charged with contact with a hostile foreign person. Agrees to the request.

Decision: Remand in custody for 16 days.

Fadi Ziad Acuzant, Nablus
Arrested on 20.10.07. Prosecution requests remand in custody for 16 days.

Attorney Mhajna agrees to the request.

Decision: Remand in custody for 16 days.

Ali Mhamud Toyl, Nablus.
Arrested on 18.10.07. Prosecution requests remand in custody for 16 days.

Attorney Mhajna agrees to the request.

Decision: Remand in custody for 16 days.

Eisa Jacob Dacas, Nablus

Arrested on 20.10.07. Prosecution requests remand in custody for 22 days.

Attorney Abed agrees, but asks it is shortened to 15 days and that during that period the prosecution does all it can to conclude the investigation. The attorney points out that during the arrest of the suspect at his home, a new cellular phone was confiscated from him; this phone does not appear on any of the forms.

Investigator: Agrees to 15 days.

Decision: Remand in custody for 15 days. I have made note of the missing phone.

Haled Daroza, Nablus

Arrested on 20.10.07. Request: 22 days.

Attorney Abed: "the suspect has been under arrest for 18-19 days. He was interrogated intensively when first arrested and has not been interrogated at all over the past week. All those involved in the case are in detention; all have been interrogated and most of their cases have been transferred to the Military Prosecutor's Office. In my opinion the case is ready to be moved to the Military Prosecutor's Office."

Attorney Abed asks that the remand in custody is rejected and that the case be transferred to the prosecution within 16 days.
Decision: Remand in custody for 22 days.

Haled Jamil Adilli,  Tama

Arrested on 13.10.07. Prosecution requests remand in custody for 16 days.

Attorney Abed agrees to the request.

Decision: Remand in custody for 16 days.

Muhammad Ruhee Turaci, Tzara

Arrested on 11.10.07. Prosecution requests remand in custody for 16 days.

Attorney Abed agrees to the request.

Decision: Remand in custody for 16 days.

Aiman Daud Zachan (restricted), Nablus

Arrested on 26.9.07. Prosecution requests remand in custody for 8 days.

Attorney Abed: "the suspect has been prohibited from meeting an attorney for over a month and a half. Is there an intention to prolong this restriction?"

Prosecutor: "I don't think so."

Attorney Abed: In this case, considering that the suspect has given his statement and admitted to some of the charges, we do not object to the remand in custody request. However, I would like the court to order the prosecution to abide by protocol and not ask for further remand in custody and to conclude its investigation during this time.

Decision: Remand in custody for 8 days. In light of the classified file, every additional request for remand in custody will be examined according to current evidence. Since restriction of client-attorney meeting has been in effect for so long, the court will have to examine every specific request with special caution.

Aladdin Jamil Gnick (restricted)

Arrested on 16.11.07. Prosecution requests remand in custody for 15 days, client-attorney restriction until 11.11.07.

Attorney Abed objects to the request.

Decision: Remand in custody for 8 days

Yosef Salman Karhak, Beita/Fuka

Arrested on 14.10.07. Prosecution requests remand in custody for 15 days.

Attorney Abed (for Attorney Mhajna) objects to the request.

Decision: Remand in custody for 15 days.