Russian Compound, Jerusalem - Remand Extension, Conditions of Detention
Translation: Diana Rubanenko
Judge: Col. Hanan Rubinstein
Police investigator: Bashir Amar
Defence Attorney: Ma’amoun Hashim, Fahmi Shkirat, Firas Sabbah
There were 4 cases in the docket today. No cases of people barred from meeting an attorney.
We were present at deliberations concerning 3 detainees.
A drill began in the Russian Compound complex, so the hearings were interrupted, and the investigator requested a break.
Mahdi Faiz Salameh Younes, I.D. 850322645
He is represented by Attorney Fahmi Shkirat.
The parties agree to extend the detainee’s detention until Thursday (17.3.11), that is - 4 more days. The case will then be transferred to the prosecution at Ofer Military Court.
Mashhur Muhammad Salame Abu Dahara, I.D. 941931008
He is represented by Attorney Firas Sabbah.
The investigators tried to reach an agreement with the defence attorney, but the detainee did not agree.
The suspect is charged with conspiracy to perform an offence - taking part in an attempt to abduct a soldier.
The police investigator requests another 8 days remand extension for the investigation. The detainee had taken a polygraph test. The investigator who performed the test said that he was found to be telling the truth. That is, the detainee admitted that he knows people accused of a similar offence to the one he is accused of, but he did not participate in planning, at any stage.
When the defence attorney tried to obtain more information, the answer was generally – “the information is in the confidential report”.
Summing up, the defence attorney said that this is the third remand extension of his client, who had taken a polygraph test and found to be telling the truth. Those involved (whose files are already with the prosecution) did not incriminate him. Therefore he asks that Abu Dahara be released, or his remand shortened, and his file transferred to the prosecution.
The judges decision: the detainee was arrested on 18.2.11. This is his third remand extension. From the confidential information he understands that the police is capable of performing the investigative actions remaining in a four-day period, and then to transfer the case of Abu Dahara to the prosecution.
Muhammad Ahmed Amar, ID 954011649
Defence attorney:Ma’amoun Hashim
The suspect was detained on 7.3.11 by the army.
Ma’amoun asked: Was the suspect ‘wanted’ or summoned?
The Investigator answered: In the report I do not see that any summons was sent.
Q. You agree that the suspect has not committed any offences?
A. No. He committed an offence in the 1990s, for which he was arrested and tried [he did not specify what the offence was].
Most of the questions now were answered by: "it’s in the confidential file".
Q: The detainee claims that you did not let him sleep for 4 days.
A: There's no such thing with us. Details are available about each investigation session. The latest session recorded was at midnight. It’s a fact that he slept. And in the middle of one investigation, he was taken to the prison clinic.
Q. Does the suspect link himself to the suspicions?
A: It's in the confidential report.
The police investigator again requested another 18 days investigation.
The defence attorney summed up: The suspect was detained on 7.3.11. From then until today, he has been under prolonged investigation. The suspect claims that he was not allowed to sleep for 4 days. He was interrogated for membership in Hamas, for being a leader in Hamas. There is no evidence of this. He owns a petrol station, and has 16 children. I request to reduce the number of interrogation days.
The suspect asked to speak:
"Your Honour, I have never done anything against the State of Israel. I was arrested put me in this dungeon. Every day I need insulin shots at regular times which are not give to me here. It’s causing problems for me. Besides, I have respiratory problems. If you extend my detention I request to be removed from this dungeon".
The judge’s decision: the suspect committed offences against regional security. Since his arrest he had been under investigation. This is recorded in the memoranda of in his file, which shows that he was interrogated every day.
The confidential information in the reports establishes reasonable suspicion that detainee is a member of Hamas.
He extended remand by another 11 days.
Samer Harabi Abdullah Abu Shama, I.D. 978518363
Defence attorney: Fahmi Shkirat
We left before the hearing of this case, because a drill was being held in the complex, and the detainee was not allowed into the courtroom until the drill was over.