Ofer - Plea Bargain, Sentence
Translation: Marganit W.
Judge: Major Meir Vigiser
Military Prosecutor: Lieutenant Barak Tamir
Defense: Atty. Nery Ramati
Defendant: Bassem Muhammad Abed Alrahman Tamimi, ID959225640 - Case 4455/12
[See earlier report on this case]
In our last report of 31.10.12 we noted that the prosecution was about to appeal Justice Vigiser’s decision to release Bassem Tamimi to house arrest. The prosecution requested remand until the conclusion of the proceedings.
In the meantime, the prosecution withdrew its motion and agreed on a plea bargain with the defense.
The indictment was amended and now includes 2 charges:
-Participation in an unlawful demonstration
-Disturbing a policeman or a soldier in the prosecution of their duty
The defense acceded to the prosecution’s demands, but raised a question concerning the activation of a suspended sentence (from an earlier case) when applied to participation in an unlawful demonstration. The attorney cited an Israeli law stipulating that a demonstration of fewer than 10 people does not require a permit. In the “area” (i.e., the Occupied Territories), however, the law requires a permit, which is hardly ever granted; hence, the defendant’s presence with ten other people constitutes a violation and thus allows the police to activate the suspended sentence. He added that, “perhaps, the suspension should be qualified”.
The prosecutor objected, requesting that the suspended sentence conform to the definition of the violation IN THE AREA.
In his summation, the judge mentioned the defense’ motion to “qualify the suspended sentence so that it does apply to participation in an unlawful demonstration”, yet his sentence was:
3-month prison time, activation of the suspended sentence from Case 2058/11 (one month added to the penalty in this case and one month overlapping) – in all 4 month in prison, 3 months suspended sentence and a 5000 shekel fine.
[See attached protocol - Hebrew]