Ofer - Stone Throwing, Remand Extension

Observers: 
Hava Halevi, Hagit Shlonsky (reporting)
Apr-28-2011
|
Morning

Translation: Marganit W.

 

Courtroom 2(10:00 -13:30)

Judge: Major Avri Einhorn

Prosecutor: Lieutenant Erez Ashhar

 

There are 37 names in the docket with no mention of charges. The three and a half hours we observed dealt with remand extensions of 10 detaineesinfo-icon, 9 of them minors.

Some were captured in the last few days, yet all were presented with indictments. Perhaps the closureinfo-icon imposed on the Territories during the Jewish holiday enabled the police and the GSS to act so expeditiously. This is mere speculation in view of the impressive pace of detentions, interrogations and indictments.

 

5 detainees were represented by Atty. Ihab Jalid.

 

Muhammad Mahmud Rashid Ziad – Case No. 2713/11, 16 years old.

He is charged with throwing rocks and Molotov Cocktails at security forces. Two prosecution witnesses incriminated him. The defendant denies the allegations and his attorney requests release under any condition the courts may see fit to impose on his client, including monetary guarantees. The defendant’s father is in the audience and pledges to make sure his son reports to court when summoned. The defense voices concern that the defendant, a student, may lose a school year.

The judge states that there is evidentiary ground (citing statement by Witness No. 2, who is himself a defendant incriminated by Witness No. 3) that the accused in fact committed the violations, which are particularly dangerous. The judge orders remand extension until the conclusion of the proceedings.

Presumably the detention will eventually be shorter due to a pending plea bargain between the sides, but bear in mind that such a decision may also result in a prolonged detention of up to two years (the legally permissible term - in the Territories - between arrest and verdict).

Arraignment hearing is set for 18.5.11 before Justice Etty Adar.

 

Nasser Aladdin Ziad – Case No. 2712/11, 16 years old (like the previous one, who may be a relative).

The same charge as the previous case. The defendant denies the allegations. The prosecution has 3 witnesses. Identical decision by the judge: detention until the conclusion of the proceedings.

Hearing set for 18.5.11 before Justice Etty Adar.

 

Shadi Dar Issa – Case No. 2714/11 and Shadi Zabrana – Case No. 2622/11, from Jilazoun.

 Both are 16 years old and accused of the same violations as in the previous cases, which both deny.

The prosecution has 3 witnesses, the defense presents the same arguments, and the judge  comes to the same decision: detention  until the concusion of the proceedings.

Arraignment hearing set for 18.5.11 before Justice Etty Adar.

 

 

The fifth detainee, Zuhaib Ramhi, Case No. 2715/11, is represented by Atty. Ihab Jalid.

He, too, is accused of throwing rocks and Molotov cocktails at security forces, but unlike his friends, he has a record: he spent time in jail and has a suspended sentence for 12 months. The judge deviates from his previous formula and includes the following insight in his decision: “despite his previous jail term… he persists in his criminal way.”

Decision: detention until the conclusion of the proceedings.

Arraignment hearing is set for 18.5.11 before Justice Etty Adar.

 

Fadel Tamimi, Case No. 2697/11, from Nabi Salah.

He is accused of throwing rocks during a demonstration against the separation wall in the village of Nabi Salah. He was arrested two days earlier based on testimony by a soldier who identified him on YouTube because he is relatively older. The soldier claims he was hit in the leg by a rock thrown by the accused. The prosecution requests detention until the conclusion of the proceedings. The accused denies the allegations.

The defense, Atty. Lymor Goldstein, claims that the evidence against his client is scant and insufficient to justify detention: the testimony of one soldier, not given in real time but a week after the fact. There is no outside corroboration for the incident, or record of the injury to the soldier. The accused gave an alibi, but the prosecution did not bother to verify it. Moreover, the accused is a man over 50, with no prior record, with severe medical conditions; he has 9 children to support. In view of all this, the defense requests his release under any condition the court might deem proper.

The judge determined that the allegations warrant linking the accused to the charge and underscore the danger he poses. The judge added that the personal circumstances cited (age, medical condition, size of family) did not prevent him from taking part in the incident and throwing rocks. Thus, he rules: detention until the conclusion of the proceedings.

Arraignment hearing is set for 18.5.11 before Justice Major Shmuel Fleischman.

 

Alaa Abdullah Said SuleimanCase No. 2698/11

Accused of membership and aiding and abetting an unlawful organization. He was arrested about four and half months ago. The prosecution requests detention until the conclusion of the proceedings. The evidence is based on incriminating testimony by two prosecution witnesses.

Defense attorney Lymor Goldstein points out inconsistencies in the incriminating evidence regarding membership (in the Popular Front- PFLP) and in the services rendered to the organization, which consisted of help in hanging pictures. Those are hearsay testimonies, which do not mention the source and they are full of holes, which the defense enumerates.

The judge rejects the defense’s arguments. He finds no fault with the incriminating testimony. At this stage of the procedure, the judge reminds us, this is sufficient evidentiary basis.

Decision: detention until the conclusion of the proceedings.

Arraignment set for 18.5.11 before Justice Major Shmuel Fleischman.

 

Naji Arar – Case No. 2546/11

We reported on Naji Arar’s case in Ofer Report on 10.4.11. Additional hearing took place on 21.4.11 in which, as is often the case when the charge is rock throwing, the witnesses incriminating Naji were detainees like him, awaiting trial.

There was no progress in today’s hearing, as the prosecution had not yet handed additional material to the defense, as per judge’s order. The judge decided that Naji should remain in detention until the conclusion of the proceedings and be brought to arraignment hearing on 18.5.11 before Justice Major Shmuel Fleischman.

By our count, Fleischman will be the fourth judge to decide in the case of the IDF against Naji Arar for the charges of rock throwing and membership in an unlawful organization.

We will continue to follow the case.