Russian Compound, Jerusalem - Remand Extension, Health Problems
Translation: Marganit W.
Judge: Shmuel Fleishman
Police Investigator: Mustafa Hader
Defense: Fahmi Shkirat, Ma'amoun Hashim
There are four cases in the docket. Two have been agreed upon for transferal to the Military Prosecution, the rest are hearings for remand extensions of "barred" detainees [barred from meeting with attorneys].
1 - represented by Attorney Fahmi Shkirat
The charges: the detainee agreed to represent the Popular Front for the Liberation of Palestine in the elections and also agreed to obtain firearms for someone who asked him to do so (which did not take place).
The judge informs the detainee that the two sides have reached an agreement on remand extension until 3.8.09, whereupon the case will go to the prosecution.
Judge Fleishman asks the detainee if he consents. The detainee wants to know if the investigation can be abbreviated. The judge repeats that both sides have agreed on the length of the investigation. He asks if the detainee has medical problems. The detainee says, No. He's fine.
2 - represented by Attorney Fahmi Shkirat
The Police Investigator requests 11 more days before transferring the case to the prosecution.
The detainee is charged with throwing a firebomb, membership in Hamas, hanging posters and planning to form a military unit.
The judge asks the detainee if he has medical problems. The answer is no.
Decision: Remand extension until the completion of the investigation (it is not clear if the 11 day request have been granted).
3- A detainee barred from meeting with attorney, represented by Attorney Shkirat.
The judge asks us to leave the court. We show him the High Court of Justice decision regarding public hearings. He reads it and says: You'll have to choose: be present either when the defense questions the police investigator or when the detainee is brought in for remand extension without his attorney's presence.
We "choose" the latter.
To minimize the risk of disregarding the principal of a public trial, the judge chooses to instruct the investigator not to discuss sensitive issues with the defense. He reminds him that he can request ‘in camera' hearing.
When the detainee is brought in - with us - the judge sums up the previous discussion between the police investigator and the defense. The request is for 20-day remand extension.
The judge tells the detainee that he is free to ask the investigator any question he wants.
Detainee: I have no questions. I did nothing wrong.
Judge: Do you have any medical problems?
Detainee: I have backache.
Judge: Did you have this complaint before the detention?
The judge orders a medical examination within 24 hours and writes it in the protocol.
The request was for 20 days remand, the judge agrees to 11.
4- Again, we have to leave the court. Attorney Ma'amoun Hashim represents the next detainee.
The police requests 11 days remand extension. This is the third extension.
Judge Fleishman sums up the previous discussion with the attorney. Ma'amoun Hashim points out that the man has been in detention for a month, so an alterative to detention is in order [the law allows only 30 days ban on meeting between detainee and attorney, but a judge can extend this ban].
Here again the judge encourages the detainee to pose questions. This will be included in the protocol, so the defense will know this information.
The judge explains to the detainee: there are 4 updated secret reports. The material is incriminating. The investigation is not conclusive. Remand extension until 3.8.09.
Judge: do you have medical problems?
Detainee: Yes, pain in my nose (it is not clear if it is external or internal).
Judge: Did you have this complaint before your detention?
Judge: Did you take medication prior to your arrest?
Detainee: Yes, but the doctor threw away my medication.
The judge sits up and puts in the protocol to investigate why the doctor threw away the medication. He orders another medical exam whose results should be in the file by 30.7.09.
Judge Fleishman points to the detainee and asks that he be told - in Arabic - that he had better be telling the truth (about the medication) or else, the judge will be very cross.
He also orders the police to get in touch with the detainee's family, so he can have the medication he used before his arrest.
The investigator explains that certain medications are not allowed in the detention center, so they get thrown away.