Petah Tikva - Remand Extension, Minors

Observers: 
Ada Heilbronn (reporting)
Jan-9-2008
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Translation: L.W.

Judge:   Major Itai Regev

Prosecutor: Atef Awida

Defense attorneys: Advc. Aabed, Advc. Mahajne, Advc. Cabha

Stenographer: Corporal Dror Mandola

Interpreter: Corporal Shibli Halabi

The volunteer policeman, Aharon, and the two Military Police - are late.

Hearings began at 09:40, without Military Police presence. There was no tension in the courtroom, and this influenced everyone's behaviour.

There are 19 suspects for remand extension, of whom eight are prohibited to meet a lawyer

(a gesture to George W. Bush at the opening of peace talks). Recently it appears that all detaineesinfo-icon presently being brought from Judea and Samaria are members of Hamas.

At the beginning of the hearing three prohibited detainees were brought in, one after the other. Two were discussed, two more were brought in, one was discussed, again two, and towards the end the last prohibited detainee was brought in. In this manner I did not manage to copy all the protocols.

The hearings ended at 12:58.

1. Prohibited: Abdullah Ali Mustafa Abu Hagla, Nablus, arrested 7.1.08.

Prohibition request: 3 days - approved for reasons of  the "benefit of the investigation,"

requested - remand extension of 15 days.

Arrested on Monday, and held in Huwarra until today. He was brought today before a judge for extension of prohibition, which stareted only today without taking into account the 2 days in which he was already held without meeting a lawyer.

Advc. Aabed: requests a shortening of the remand to a week since the accused has already spent 2 days without meeting with a lawyer, and extended remand may be damaging for him.

Decision: I have studied the investigative program, and have been convinced that there is room to order his investigation under conditions of remand. In consideration of the fact that the respondent is prohibited from meeting a lawyer, I order a remand extension of eight days.

2. Prohibited: Raid Adel Wadia Ratrut, Nablus, arrested 3.1.08.

Request: 15 days.

Prohibition: 4 days from 7.1.08

3.. Prohibited: Ala Suleiman Yunes Karakish

Prohibition: 2 days from 9.1.08

Decision: remand extension 15 days.

4. Prohibited: Abdullah Fawzi Muhammad Altel, Dura, arrested 3.1.08.

Request: 15 days.

Prohibition: 3 days from 8.1.08.

His family is waiting outside, after being checked by Aharon, the policeman.

Advc. Cabha: the accused is a medical student in Amman, Jordan, fourth year, arrested at the Allenby Bridge. Compels the investigator to answer questions, and the responses are, as usual, "I already said," "You understood correctly," and so on.

Decision: according to the details in the secret clause... 15 days.

5. Prohibited: Muhammad Rabhi Elsada, Halhul, arrested 3.1.08.

Request: 15 days.

Prohibition: five days

Advc. Cabha: first remand, prohibited from meeting a lawyer. Completed medical studies with honors in Jordan. Arrested upon return to Israel for specialization.

Decision: remand extension 8 days.

6. Prohibited: Halil A-Radi Tivan, Haga, arrested 20.12.07

Request: 15 days.

Prohibition: 5 days

Advc. Mahajne: objects to the request. He has already been 20 days in custody. Has admitted the charges attributed to him. He is also prohibited from meeting a lawer. The requested period is exaggerated. 8 days is sufficient.

Decision: this is already the second extension, and since the previous hearing there has been progress in the investigation.

Extension 15 days.

7. Suad Sami Gavri Amad, Nablus, arrested 7.1.08

Request: 16 days.

Prohibition: five days

Works as a secretary in an office to assist the poor, like the Israeli organization "Latet"

(To Give). She read an ad requesting a secretary, submitted a cv, was accepted and has been working there for two years. According to the investigators, the office belongs to Hamas;

she admitted knowing this, and also being acquainted with Hamas members!

Advc. Aabed: has she also been prohibited from meeting a lawyer?

Investigator: yes, till tomorrow.

Defense: anyone involved?

Investigator: yes. The file will be transferred to the military prosecutor with a question about submission to trial. I am prepared to agree to 12 days instead of 16.

Defense: the reference is to a secretary who has worked in the Altadmun Foundation in Nablus since the end of 2002, after submitting her candidacy when they looked for a secretary. She has never been involved in any anti-Israeli activity. The work of the foundation is on behalf of orphans and the needy..

Decision: born 1978, single, in her testimony, the accused mentions acquaintance with Hamas activists. 

Extension 12 days.

8. Muhammad Abed Algani Abed elKarim Kenaza, Nablus, arrested 4.12.07

Request: 8 days.

Advc. Aabed: 36 days have passed since the suspect was arrested. He denies the charges. There has been a confrontation with two detainees both of whom denied any collusion in which there has  been an offense against the security of the state (of Israel) or the public. There is nothing in a remand extension that will bring about a change in the detainee's version, and I believe that there is no new evidence.

Decision: his investigation has continued more than a month. During this period, he has stood before a judge three times. From the reports it emerges that there is substantiated information against the respondent.

Remand extension eight days.

9. Mahmad Aziz Atuana, Nablus, arrested 25.11.07

Request: 8 days.

Advc. Mahajne: the suspect confessed and gave a police statement. We request the court to check what additional actions are still to be taken.

We request that the keys of his car be returned to his family, so that they can take it home. It is a taxi with which the suspect was working when arrested and taken near Jericho, and the car remained there.

Decision: arrested a month and a half ago. The investigation is managed efficiently.

Extension eight days.

The commander of the detention centre is ordered to hand over the car keys from the deposit made by the respondent to Advc. Mahajne so that he can transfer them to the family.

10. Prohibited: Ala Suleiman Yunes Karakish, Qabatiya, arrested 19.12.07

Request: 15 days.

Prohibition: 5 days

Prohibited from meeting a lawyer: 2 days from 9.1.08

11. Alaa Balal Munibi Hamuda, Nablus, arrested 3.1.08

Request: 22 days.

Advc. Mahajne: already detained 7 days, and his investigation has not begun, but for asking his personal data. Neither have any charges been levied against him. They could have arrested him today, and left him free until today.

Decision: every effort is to be made so that such cases will not recur, and investigation of the suspect will begin as close as possible to his arrest, though past experience teaches that longer periods have also elapsed between arrest of suspects and their interrogation.

Extension 8 days.

12. Yassin Wail Abadi, Sebastia, arrested 19.12.07

Request: 10 days.

Suspect is 17 years of age.

Advc. Aabed: agrees to the request without.... The suspect has been in isolation 22 days, and I understand from the investigator that this is due to his youth, in order to protect him (????)

It is very cold in isolation, and this causes him back ache. In the light of his age and condition, I ask that the detention centre authorities be ordered to transfer him as soon as possible to a place suitable for him and his age.

Decision: extension 16 days.

The detention that was intended to protect him makes the conditions of his detention more severe. The authorities are to arrange for his fast transfer to an appropriate detention installation.

13. Rahman Haled Abu Janid, Balata, arrested 26.12.07

Request: 16 days.

Advc. Aabed: agrees to the request without....

Decision: extension 16 days.

14. Prohibited: Jassan Aziz Lubad Atauna, arrested 24.12.07

Request: 8 days.

Extended prohibition: 3 days from 8.1.08

Advc. Mahajne: asks the court to examine whether the requested period is appropriate to the investigative actions, whether the actions for which the previous remand extension was given were in fact carried out, since this is the third extension and the suspect is in critical health.

Decision: the respondent was arrested two and a half weeks ago, and this is the third hearing. From the secret report emerges the fact that there have been real developments in the investigation in the last few days, which continue to link him to the charges pressed against him. The investigation plan is appropriate.

Extension 8 days.

In the previous appearance before me, the respondent complained about mental stress and dizzy spells, and today I hear from him that he does not succeed to eat because of that condition. I also heard that the respondent is under medical supervision. I order the detention authorities to pay special attention to the medical and general supervision accorded the respondent, and to the degree that it is necessary, and under the direction of a doctor, forced feeding should be considered under the appropriate procedures.

I transferred the details to Physicians for Human Rights (A.H).

15. Nadel Hassin Mahmoud el Sulahi, Nablus, arrested 4.1.08

Request: 22 days.

Advc. Mahajne: objection to the request. Eight days would suffice. Request that he be given undergarments.

Decision: extension 22 days.

16 Nasser Aladin al-Abed Haraz, Nablus, arrested 16.12.07

Request: 16 days.

Advc. Aabed: objection to the request without....

Decision: extension 16 days.

17. Hamze Hassin Muza Dar Amar, Beit Aura, arrested 16.12.07

Request: 6 days.

Advc. Aabed: his medical condition is serious. His place is in hospital, not a detention centre. Has been sent to a doctor.

I transferred the treatment details to Physicians for Human Rights (A.H).

18. Prohibited: Abdullah Rashid Shakirat

19. Hamze Hussein Eliyan

20. Heitam Saed Atallah