Ofer - Stone Throwing, Minors

Observers: 
Ruthie Ristik and Mili Mass (reporting)
12/07/2011
|
Morning

Translation: Marganit W.)
 

General Notes:
1. Lately, check-ups at the entrance have become stricter: last week security guides examined my writing pad and my hairpins (which I always remove because of the magnetometer). This time they were taken away and deposited together with our IDs.
2. Getting out of the compound was equally difficult: we had to wait, together with several families, for about half an hour, calling and ringing the bell, to get the attention of Nadav (in charge of security check).
3. As described in Hava's report from last week, there were difficulties with access to dockets. In two courtrooms we had to request them, and in another the interpreter referred us to Rafa (Head of Interpreters) who supposedly had those dockets, but the latter denied it.
4. We came to observe the trial of  the Al-Zi'ul brothers (See last week's report). Their names were not on the list, and we did not see their parents in court. Thus, the difficulty in obtaining the dockets dictates which trials we observe.

Judge: Zvi Heilbronn

Defendant: Samer Mahana Abed Alkadar Abu Maria - Case No. 2612/11
Charge: Leaving the area without a permit. He is not in detention.
We did not get the attorney's name. It was an arraignment hearing. The defendant denies the allegation that he used false papers, claiming that those were official documents. Witnesses will be summoned and documents will be presented.

The defendant was accompanied by his father, a blind old man in tattered clothes and old shoes with no socks, who drew the judge's attention to himself.
Evidentiary hearing is set for 2.8.11.

Defendant: Muatasem Mazen Abd Elkadar Rakban - Case No. 4526/10
Charge: Manufacturing and throwing an incendiary object.
Defense: Atty. Tarek Bargout
(When we entered the court, the trial was in session)
The defendant stated that he had accepted the charges at the police station because he wanted to settle scores with Nidal, the operative who controlled him.

The prosecutor asked why he also confessed to acts where Nidal was not implicated, but the defendant did not understand the question, despite repeated attempts to simplify it.

As to why in his interrogation he also admitted throwing Molotov Cocktails at events where he was not present, the defendant replied that he had been intimidated and
threatened with transfer to the Russian Compound.

The defense skipped the cross-examination; he was not ready for summation at this stage.
An oral summation hearing (with both sides agreeing) was set for 26.7.11
at 9 AM.

The prosecutors is to present the evidence within a week.

Defendant: Halil Muhammad Halil Awauda - Case No. 2559/11.
Charged with membership and activity in a hostile organization.
Defense: Atty. Abu-Mazar (?)
The defendant understands and denies the allegations.
Evidentiary hearing is set for 13.9.11, as the defendant requested to have the hearing after the month of Ramadan [August].

Defendants:

Rashad Muhammad Marshad Hamad - Case No. 2034/11
Muhammad Izat Izat - Case No. 2035/11
Muhammad Ahmad Mahmud Hamad - Case No. 2036/11

Charge: attempted killing.
Defense: Atty. Akram Samara
The trial of the three defendants was postponed to 6.9.11 because the attorney could not find the file.

Defendant: Hassan Abed Almatlab Abed Aljaffer Bakri - Case No. 5357/11
Charge: Using and dealing drugs.
Defense: Atty. Avi Baram
The defendant was caught in Azariya in possession of a "dangerous drug", hashish (53 grams) and 17 Ecstasy pills.

The defendant understands the charge and admits guilt. He has prior convictions.
The sides reached a plea bargain involving 6-month jail time because of an earlier suspended sentence, plus 7 more months for this violation. The agreement calls for overlapping jail sentences of 10 months and 4000 shekel fine or 4 months in jail.

The court was to consider a suspended sentence.
Grounds for the agreement: the defendant's prior record.

The attorney maintains that the defendant has a serious drug problem, but the PA has no
rehab facility. He has 4 children. He is asking the court to divide the suspended sentence into two violations: dealing drugs and using drugs.

The court approved the agreement and accepted the defense' plea. The defendant
received a 3 month suspended sentence for 3 years for using drugs and 8 months suspension for 3 years for the crime of dealing drugs.
The court ordered the destruction of the drugs and the knife found during the arrest, but returned 1780 shekels confiscated from the defendant at that time. The court also recommended that the GSS enroll the defendant in a rehab program.

According to the arrangement, the defendant has a month and 8 days to serve time.

Judge: Sharon Rivlin-Ahai
 

Defendant: Ossama Mahmud Abed Alaziz Kamel - Case No. 3184/11
Charge: manufacturing and throwing an incendiary object.
Defense: atty. Akram Samara.
The defendant is 16 years old.
The defendant admits to throwing rocks at the separation fence on five occasions. However he denies throwing rocks at moving vehicles.

As for his signed statement at the police, he claims that he confessed and
incriminated others because he was beaten. After being interrogated for two hours by Captain Daud (who beat him and slapped his face), the captain asked if he had a lawyer. He said no. He was alone in a room with Captain Daud. He was then transferred to another interrogator who also ignored the attorney issue. That second interrogator did not beat him up, but he told him that everything he had told Daud was already written in the statement, so he repeated what he had said earlier.

As to why he incriminated those specific people, he said those were the names that popped into his head.
In reply to his attorney's question, he said he had been taken from home at 5 AM.

The judge commented (with a rather cynical smile, to my mind) that apparently they waited until morning.
Evidentiary hearing is set for 2.8.11.