Ofer - Plea Bargain, Stone Throwing

Translation: Marganit W.

Judge: Major Sharon Rivlin-Ahai

Prosecutor: Captain Odelia Kardoner

Today, the juvenile court meets in Courtroom 5.

There are 25 cases in the docket, most of them of minors, the rest are young adults.

As in most cases lately, the most prevalent charge is throwing rocks/objects/Molotov cocktails. Other charges are under the category of “hostile terrorist activity”.

6 of the cases today ended in a plea bargain. At least one case dragged for a whole year (!) while the boy was in custody.

Muhammad Jamal Muhammad Erikat – Case No. 2450/10.

Resident of Abu-Dis. Born in 1994.

For a year his attorney, Iliya Theodory, has conducted an evidentiary trial, which eventually ended with the defendant accepting a revised charge sheet. Muhammad is accused of throwing rocks and objects (I don’t know the details of the indictment – H.S.) in collaboration with another boy who served as a scout.

Sentence: 24 months in jail, 24 months suspended sentence for 4 years, 2000 shekels fine.

Muhammad’s father was present in court. He speaks fluent Hebrew, having worked in construction in Israel for many years. After his son’s arrest his work permit was revoked.

Muhammad Daud Haled Habel- Case No. 3052/20, born in 1993.

He, too, received a stiff punishment. He was represented by Atty. Iliya Theodory.

Habel is accused of three counts involving throwing rocks and Molotov cocktails on passing vehicles on Rte. 443, in collaboration with others.

Per agreement between the sides and approved by the judge, the punishment was:

18 months in jail, 10 months suspended sentence for 4 years and 2000 shekels fine (or two months in jail).

Fadi Faiz Ahmed Abu Fanus– Case No. 1352/10, 14.5 years old from Yatta.

His hand is in a cast. He is accused of throwing rocks on two occasions during demonstrations in the Karmei-Tzur area.

He was arrested on 19.1.11. His partner has already been sentenced. The agreement reached by Atty. Iliya Theodory consisted of 1500 shekel fine (his co-defendant had to pay 3000 shekels fine).

The defendant’s mother is in court protesting that the family cannot afford such a sum. The judge confers with the prosecutor, apparently trying to convince her to lower the fine. The prosecutor eventually agrees to reduce the indictment to ONE violation of rock throwing, lowering the fine to 1000 shekels (or a month in jail), in addition to 45 days in jail, most of which he has already spent, and 5 months suspended sentence for 5 years.

Yasser Daoud Salim Slaima – Case No. 1183/11.

Accused of waving a Japanese knife at a policeman who apprehended him following a brawl.

Arrested on 7.1.11. He’s represented by Iliya Theodory.

The sentence followed an agreement and took into account the young age of the defendant. He was given 31 days in jail, 5 months suspended sentence for 4 years and a 3000 shekel fine.

Tiasir Yasser Ibrahim Hatab- Case NO. 4273/10, age 16, from Refugee Camp Jalazoun.

There are a couple of charges against him involving different dates: throwing Molotov cocktail in the summer of 2009 and throwing rocks at an army checkpoint in 2010. He has accepted a revised charge sheet, and the judge approved a bargain struck between the two sides, which included 15 moths jail time, a suspended sentence and 2000-shekel fine.

Yazan Jamal Atallah, ID401363072 - Case No.4700/10, 14 years old from Abu-Dis.

Charge: throwing rocks.

He was arrested on 4.11.10, the same night a large group of minors from Abu-Dis was arrested. Like most juveniles we see at Ofer, he too has been detained for months, until they agree to a plea bargain and the accused are willing to sign a revised charge sheet.

Yazan has been transferred from Ofer to Rimonim Prison, which has a juvenile ward.

He is represented by Atty. Akram Samara.

(see earlier reports of this case on 11.1.10, 29.1.10 and 14.2.11)

Two older sisters of the defendant are present in court.

The hearing was brief and will continue on 28.3.11, when, presumably, a plea bargain will be reached.

The next hearing in the case of Amir Bastami will be held on 7.3.11. He is a 15-16 years old involved in the same incident in Abu-Dis.

He too is represented by Atty. Akram Samara.

The rest of the cases we observed also ended up being postponed to later dates:

28.3.11; 29.3.11; 2.5.11.