Russian Compound, Jerusalem - Remand Extension, Minors
Translation: Diana Rubanenko
Judge: Yehuda Liblein
Police investigator: Khadr Mustafa
Defence Attorneys: Iliya Theodori, Naji Aamer, Maamoun Hashim, Omar Yassin. Att.Sabah was absent and Att. Theodori substituted for him.
There are 5 cases in the docket.
Muhammad Ahmed Mustafa Zeid – ID 854396116
He is represented by Att. Theodori. There is an agreement to extend his remand by 7 more days, and to transfer his case to the prosecution.
Ahsan Khaled Muhammad Khatzib –
Represented by Att. Sabah, and, in his absence, by Att. Theodori.
A very unpleasant atmosphere hovers over the small remand-extensions room at the Russian Compound. The attorney of the detainee, 16 and four months of age, is Ismail Tawil, who has no permit to enter Israel, and so Att. Aamer is replacing him.
Abdullah Hashem Abdullah Jabara – ID 936110626
Aged 17, he is accused of disturbing the public order in Turmus Ida.
The police requests extension of remand by 15 days. Abdulla was arrested on 6.12.10.This is his third remand extension.
In this case too, Att. Aamer is substituting for Att. Tawil. He asks questions that ought to help him understand the case, and the specific accusations.
The investigator’s replies are monotonous, laconic and predictable: the investigation is at its height, everything is in the confidential report which is at the court’s disposal.
Att. Aamer tries to penetrate the wall of confidentiality, but without success, even when he requests the distinguished judge’s intervention.
Before his summation, Att. Naji asks to have recorded in the court minutes that (in my words): it is the right of the defence to obtain an answer to questions, in order to understand the reasonableness of the period sought [for extending remand]. It injures the suspect’s rights to a proper denfece. Since all our questions are referred to the confidential report, there is actually no point to the questions raised by the defence. As a result, I have no other option than to proceed to the summation.
The investigator requests 15 more days.
The defence asks to take into account that the suspect has already been in custody for 21 days, undergoing an investigation “in progress” regarding the charge of disturbing the public order. Now the police is seeking a further extension – which is unconscionable. It is an injury to the rights of the accused, whereas the court is meant to safeguard his rights.
The judge sums up what he has learned from the confidential file and rules: another 7 days investigation – a third remand-extension for disturbing the public order.
Muhammad Radwan Jabara – IS 860146497
Muhammad is 16 and four months old. This is his first remand extension.
Att. Aamer represents him on behalf of Att. Tawil.
The investigator is requesting 15 more days. Att. Aaner does not use his right to question. He seems to have decided there is no point in asking, when the answers are known in advance. He proceeds to his summation.
Att. Aamer asks to decrease the number of days of the investigation, because throughout the whole period of the investigation there will not be any judicial criticism, and the detainee is close to being a minor. [In the Occupied Territories, a minor is up to the age of 16 – in Israel, up to the age of 18].
The judge’s summation: He read the case and learnt from it that the ‘almost minor’ admitted to having been involved in activity against regional security. He relies on the confidential report. Since the youth is almost a minor, the judge acceded only partially to the request by the police, and ruled: 11 days extension of remand to investigate the offence.
The suspect asks why he isn’t allowed to smoke.
The answer: You are too young to smoke [!!!], almost a minor. The prison officers are not allowed to let you smoke. 11 more days for the investigation.
While the judge was dictating his summation, three people entered the courtroom: two attorneys (Maamoun Hashim and Omar Yassin) and another individual. Att. Hashim told us that he had managed to bring a relative to the proceedings.
The relative is the suspect’s brother – with whom the next hearing will be dealing. He is a resident of Jerusalem, holder of an Israeli I.D.
When his brother is brought in, both are very moved.
Louai Fahmi Abed Al Majid Nasseradin – I.D. 043135623
The suspect was brought from Ofer detention facility to the Russian Compound for deliberations of the court whether the Military Court has the authority to deal with his case, as he is not a resident of the region [euphemism for ‘Occupied Territorries”], but a Jerusalem resident with an Israeli ID.
The judge granted counsels 48 hours to examine whether there is room to continue holding the suspect in custody, according to the regional law, or to consider handling his arrest under Israeli criminal law.