Petah Tikva - Remand Extension, Students

Observers: 
Hana Aviram (reporting)
Mar-19-2008
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Translation: Marganit W.

Judge: Major Adi Feigel

Prosecutor: Hashem Halabi

All the detaineesinfo-icon brought to the court today are Nablus residents.

The translation was mechanical, consisting of soft mumbling by the interpreter.

Note: the first four detainees brought into the courtroom had been barred from seeing their attorneys. Since I left before the sessions were over, I cannot report on the "proceedings" involving three of them and I am not sure who their attorney was.

1. Bilal Shakher Mussa, ID. No. 904648458 ("barred").

Defense: Attorney Mahajne.

First remand extension hearing.

The lawyer asks if the detainee pleads guilty or not guilty. At first the judge quotes from the file that the detainee said, "I have nothing to say about the allegations..."but then he realizes that in fact the detainee denies the charges and he cites: "I did nothing that threatens security in the region." He also states that the detainee suffers from a "chronic nervous disease above the eyes."

Decision: remand extension until 2.4.08, with the following note, "In view of the detainee's complaint and in accordance with detention procedure, every detainee must be subjected to physical examination, but I see no copy of the induction form here. In future please make sure the Investigation File includes those forms [the judge instructs the typist to underline this comment]. In view of the detainee's complaint about his chronic nervous disease, he should be seen by the doctor in charge today, to assure that he is kept under appropriate conditions for his medical problem. The results of the examination should be included in the next remand hearing, seeing that there were misunderstandings in the past. The commander of the detention facility must make sure that the detainee is seen by a doctor today.

The session lasted 7 minutes.

2. Unknown name - barred from seeing an attorney.

3.   "            "             "       - The session lasted 3 minutes.

4. Mansur Muhammad Zagayer  ID. NO. 904273257, "barred". 

Was present in the court for 4 minutes.

5. Nadim Sabih Hamail, ID No. 921567335, "barred".

In detention since 16.3.08. First remand extension hearing.

Defense: Attorney Mahjana.

In his decision, the judge stresses the reasons for the remand extension: according to a decision by the Military Court of Appeals in the case of Hamudi and in subsequent rulings, a detainee barred from seeing his attorney cannot be remanded for more than additional 15 days, unless there are other compelling reasons to extend his remand beyond 15 days. The reasons are extensively discussed in the rulings of the Military Court of Appeals. In the present case, there is credible evidentiary material linking the accused to the alleged charges, and the development of the investigation only strengthened and augmented that evidence...

In the judge's opinion, the requested remand is rather on the short side, and despite the fact that the detainee is barred from seeing an attorney, it might be advisable to extend his remand beyond the prescribed 15 days.

However, the remand is still set for 15 days, until 2.4.08.

The session lasted 14 minutes.

6. Abed Al-Rahim Halef Kiuan. ID No. 950345207.

The judge asks the detainee if he is the right man.

Attorney Mahjana has just met the detainee for the first time in court.

The attorney states that the detainee has been under administrative detention for two months.

Remand extension for 16 days, until 3.4.08.

The session lasted 5 minutes.

7. Anes Fiad Mehmed Ajaber ID. No. 850463209

Arrested apparently (as transpires from the exchange in court) on 23.2.08.

Defense: Attorney Aabed.

It turns out that the attorney was supposed to receive personal effects and a deposit receipt from the detainee to give to his family, but he received none. The detainee claims that his personal effects included two suitcases filled with clothes, medals, electric appliances and electronic components (the detainee is an electronic engineer), cellular phone, 400  shekels, 173 dinars (the interpreter says the dinars were returned), and bottles of glycerin-like liquid (the judge remarks that those bottles may never be returned to the detainee). The interpreter, who earlier seemed to translate in his sleep, now wakes up and starts cross examining the detainee, joining the prosecutor in this "investigation" concerning the property.

It turns out that on 12.3.08 the detainee attended a hearing, so this is the second remand extension.

In the previous hearing the judge asked the investigators if the property taken from the detainee contained items not connected to the investigation and can therefore be returned to him. Those items were to be given to the detainee's representatives. This part of the judge's decision was underlined. But in the file presented to the judge today there was no mention of all this.

The judge orders the detention facility to look into the matter today, and by tomorrow noon he personally will see to it that the results of the investigation are relayed to the detainee's representatives.

Still, the remand was extended by 16 days.

The session lasted 14 minutes.

8. Samer Hasan Elian. ID. No. 911623197

Arrested presumably on 5.3.08 (the day he was brought to the detention center).

Attorney: Mahajne

This seems to be the first meeting between attorney and client.

The detainee complains that he has not been given underwear. The judge takes the complaints seriously and requests investigation: how did this happen? (he tells the typist to underline). He orders underwear to be given forthwith.

The decision is not read aloud and there is no translation either!

The session lasted 7 minutes.

9. "Barred". Stayed in court for 2 minutes.

10. Nasser Aadel Haik, ID No. 936079623

Defense: Aabed.

No objection to remand extension.

Attorney Abed reports that his client's computer was taken from his home. The computer belongs to his brother, and he himself has no connection to the investigation, and was not given a deposit form.

In his dictation the judge says: Seizure of property often occurs during arrest. In order to spare the court the need to decide in these matters, reports of the seizure should be included in the file. This will save the court the need to issue decisions and investigate the follow-up. By next hearing, the detainee's representative should be notified about the whereabouts of the computer. If needed, the detainee is allowed to fill up a form - through the court secretary - for the return of his computer.

No decision regarding remand is read aloud.

Remand extension for 16 days, until 3.4.08.

The session lasted 7 minutes.

11. Firas Jamil Shurab, ID No. 9042688703

Defense: Abed

The detainee was barred from meeting an attorney and this is his first encounter with his defense.

The defense reports that the detainee gave a statement to the police, pleaded guilty to the charges, and the investigation was supposed to be over before this session, with the file transferred to the military prosecution.

Remand extension for 8 days, until 26.3.08.

The session lasted 6 minutes.

12. Amjad Salim Shurab, ID N. 950234906

Defense: Abed

The detainee complains about a Shabak (GSS)  interrogator named Herzl who cursed him and shouted in his ears. When the detainee asked him to move away, the interrogator grabbed his head and smashed it against the wall. The judge requests a description of the interrogator. The detainee describes him as short and chubby. When dictating, the judge uses the phrase, "he shook the detainee's head".

The judge orders the chief investigator to check the detainee's complaints concerning "Herzl."

Decision: Remand for 8 days.

The session lasted 8 minutes.

13. Alaa Rashmi Arafat, ID. No. 907993240

Defense: Aabed

No statement given to the police yet, and the defense wants to know why. The defense and the investigator exchange words about the "confidential file" and the "investigation protocol:" what parts were carried out. The investigator gives no details and refers the judge to the confidential file.

The same applies to the detainee's position vis-à-vis the allegations. The judge sides with the investigator, adding that this information can be supplied by the detainee himself.

The defense objects to a remand extension. His client has been in detention for 22 days and interrogated about the specific charges, including aiding and abetting wanted persons. The detainee denies the allegations, and the defense points out that the investigator confirmed that apart from intelligence info there is no other evidence in the file. The defense concludes that there are no other incriminating persons or collaborators.

Decision: remand extension for 15 days, until 2.4.08

The session lasted 17 minutes.

14. Amer Fahr-Din Awad, ID No. 850485723

In detention since 24.3.08 (?), "barred" until 13.3.08.

Defense: Mahajne

This is apparently the first encounter of defense and client.

The defense states that his client is here for remand extension even though his detention is supposed to end on 23.3.08.

In a hearing on 16.3.08 at Salem the prosecution requested a remand extension of 11 days and the judge acceded to 8 days.

The defense objects to the remand request. The detainee vehemently denies the allegations; no names of accusers have been submitted and he has not been confronted with any detractor. The defense wonders aloud if the reason for the hearing today is not because this court is in session only on Wednesdays (as mentioned by the prosecutor in an earlier exchange).

The defense points out that the detainee has not been issued underwear

since 26.2.08.

In his decision the judge states that he learned about the reason for the hearing today from the confidential file, and he refers the court to a decision by the Military Court of Appeals regarding dates when remand sessions are held, which may offer a legitimate consideration , and in any case, the detainee has been brought here before the end of his remand as set by the previous ruling.

The judge takes a dim view of the fact that the detainee has been deprived of underwear and orders to supply him with the necessary items forthwith.

Remand extension for 8 days, until 26.3.08.

The session lasted 16 minutes.

15. Nasser Aadel Nadi, ID No. 910648021

Defense: Mahajne

First encounter between defense and client.

Decision: Remand extension for 16 days, until 3.4.08.

The session lasted 3 minutes.

16. Majdi Subhi Mabruk, ID No. 900125824

Defense: Mahjana

First encounter between defense and client.

The interpreter came in after the session had started.

This detainee, too, has not been issued underwear.

Decision: Remand extension of 16 days, until 3.4.09.

The session lasted 7 minutes.

17. Mujahad Assam Ashkar, ID. No. 851705343

Detained as of 17.2.08

Defense: Aabed.

The detainee is suspected of membership in Atutla Islamiya organization. He was interrogated regarding his links to Dr Bassam Haled (?) and Ana Said. The latter have been released from the court at Salem. The detainee did not make a statement, for reasons the investigation did not disclose. He has not been interrogated for the last 20 days, except once, briefly.

The judge noted that that was a little over a week ago, on 10.3.08.

The judge wants to know why no police statement has been taken, adding that there is credible evidence at this stage to warrant transferring the case to the military prosecutor's office, which may decide whether to submit an indictment or not.

The judge's decision: remand extension for 7 days, until 25.3.08 for summation, preparing the file and transferring it to the military prosecution for possible indictment. I the prosecution request another remand; it needs to submit a detailed report describing what has transpired since the earlier remand on 5.3.08.

The session lasted 9 minutes.

18. Rafaat Yusef Awad, ID No. 853073187, from Awarta.

In detention since 8.2.08.

Defense: Aabed.

The detainee looks young for his age (short and very skinny). The judge asks about his age. He is 18.5. He wants to know if he is losing weight. The detainee cannot recall when he was last weighed.

He is accused of belonging to Students 'Itihad' at school.

Attorney Abed objects to the remand extension. He regrets not requesting release in the earlier hearing and reminds the court that Prosecutor Ataf said he would not demand remand extension for more than 8 days, since the case is to be transferred to the military prosecution.

On Sunday, the detainee was questioned regarding his links to one

Aaraf Fahri, a fellow student.

Decision: From reading the file, the judge learns that there has been a development in the case this week and further action is needed.

However, in view of fact that the detainee has been incarcerated since 8.2.08, the investigating officers must make special effort to end the detainee's interrogation soon.

Remand extension for 8 days, until 26.3.08.