Russian Compound, Jerusalem - Remand Extension, Health Problems
Translation: Marganit W.
Judge: Shmuel Fleischman
Investigator: Mussa Hadr
Defense: Maamoun Hashim
Hearings of remand extension of 3 detainees.
The judge arrived at 11 instead of at 10, because "he was apparently misinformed". The typist, the defense, the interpreter and we too had been waiting since 10 o'clock.
In two of the three cases the sides had reached an agreement about the remand extension.
The case of the first detainee was heard in less than two minutes.
The hearing of the second case took longer even though there was agreement between the sides, because the agreement had been reached by phone. Justice Fleischman objected to the agreement. He ordered Atty. Tawil [Atty. Tawil and Atty. Naji represent the detainee] to send a written agreement, or alternatively, the police investigator had to agree that Atty. Maamoun Hashim would represent the detainee, with the agreement of the detainee's defense.
Hashim conferred with the defense and obtained his consent to be present at the remand extension hearing. The extension was for 11 days.
In reply to the judge's question, the detainee said that he had medical problems [short breath]. The judge noted in the protocol that medical treatment should be continued.
With Atty. Tawil's consent, Justice Fleischman informed the detainee that his status was changed from prisoner to detainee (i.e., he was taken out of jail, where he was incarcerated for a prior conviction and brought to the Russian Compound to answer new charges). After being in jail for several months, his investigation on new allegations will continue.
There was no agreement between the sides in the third case. Atty. Maamoun Hashim represented the detainee, whom he had just met for the first time.
A few months ago the detainee was arrested for staying in Israel illegally. He did not report to jail to do time. His present arrest is due to other charges: membership and activity in Hamas.
On 26.9.10 he gave a statement to the police.
The defense interrogated the police investigator:
Q: Was the detainee recruited by Hamas? Did someone try to recruit him? How long was he a member?
A: This is just the beginning of the investigation, I cannot elaborate. Everything is contained in the classified file.
Q: When was he a member of the organization?
A: He's currently active.
Q: Your assumption that the accused is a Hamas member is based on incrimination. Is your claim that he was recruited by Hamas based on someone incriminating him?
A: All charges are in the classified file.
Q: Did you confront the suspect with his incriminator?
A: The report of the investigation is in the classified file.
Q: When was he interrogated by the GSS?
A: On the 26th and 28th of September.
Several more questions were answered with the standard "it's in the classified file."
The police requested 15-day remand extension. The judged ruled 11 days. He noted in the protocol that since the detainee did not report to prison when charged with staying illegally in Israel, no alternative to incarceration can be considered by the court.