Russian Compound, Jerusalem - Stone Throwing, Shooting

Observers: 
Hagit Shlonsky, Tova Szeintuch
Dec-3-2012
|
Morning

 

Translation: Marganit W.

 

Russian Compound

 

Judge: Shalom Dahan
Police Investigator: Omri Awida
Defense: Attorneys: Ahlam Haddad, Judd Kadmani, Firas Sabah

 

There are 8 cases in the docket. On two an agreement has been reached, three are of minors and one is an adult, all from the village Hussan.

Remand extensions in this court take place twice a week: Mondays and Thursdays. The number of days in detention here is supposedly decided by the circumstances of the interrogation. In fact, the number of days that a judge decrees is determined largely by the two days the court convenes. We saw this in today's decision: two detaineesinfo-icon were remanded for 11 days so they could appear on Thursday; five detainees got 8 days - until Monday. On those days the judge will again determine the detention according to the court's calendar. The judge and the attorneys agreed that had the defendant been tried at Ofer Military Court - where remand extensions are held 6 days a week - their detention would probably have been shorter and the investigation quicker.
 

Hassin Sami Hassin Shabana - ID 921744116
 

Defense: Judd Kadmani
 

The investigator requests additional 15 days to complete the investigation.
Hassin lives in Sigin. He was arrested on 1.12.12, late at night at his home. Since his arrest he has been interrogated twice but not brought before a judge. This is his first remand extension.

The charges are activity that endangers security in the area, throwing rocks and participation in illegal gatherings. We learn from the defense's questions that the arrest was based on intelligence. The defendant denies the allegations. The attorney objects to such a long detention, which relies on intelligence and not on evidence.
 

The judge asks the defendant if he has anything to say. The latter responds: I have a headache. I asked for a pill but did not get any.
 

Judge’s decision: 8 days remand extension to complete the interrogation.
 

Kadri Jamil Rabi'aiI Aldroik - ID 902754084

Defense: Firas Sabah

The defendant is a resident of Hebron. He is a prisoner, having been arrested three years ago and sentenced to 8.5 years for membership and military activity in Hamas. He is interrogated on new allegations connected to the original charge. This is the third remand extension.

The attorney says that despite repeated interrogations there is no progress.
The defendant was told that he had been incriminated and is suspected of shooting. There is no other evidence. The interrogators insist that there is progress. The defendant denies the allegations, claiming that he does not know the guy who incriminated him.
As for his health, the defendant tells the judge that he has an earache and suffers from diminished hearing. When he was arrested, grenades were used
and that damaged his hearing.
 

The judge remands him for 8 more days and asks the interrogators to speed up the process.
 

Ismail Ibrahim Ali Hamamara - ID 860028133

Defense: Ahlam Haddad

The Investigators requests 8 more days.

The minor comes from the village Hussan. He is 17.5 years old. We were not asked to leave the court even though it is an investigation of a minor suspected of throwing rocks at an Israeli vehicle, which resulted in a severe injury to
one passenger.
 

Most of the defense's questions were answered by "It’s in the Secret file".
The minor was arrested on 1.12.12 before dawn. As a minor he should not have been arrested during the night. The GSS interrogation was conducted under conditions that do not apply to a minor. His family was not told where he was held, and he was not given an opportunity to consult an attorney regarding the specific allegation. He had no idea why he was detained and interrogated. The interrogation lasted 15 minutes: he was threatened that if he did not confess, he would rot in solitary confinement. Has anyone identified the suspect or seen him commit the crime? Who saw him? What was his role in the incident?
The police requests 10 additional days. Is there basis for the detention? Why 10 days? What investigation was carried out in the 72 hours since his arrest? The detainee is a senior in High School with no prior record.
Atty. Haddad moves to release him.
 

To the judge's question, the boy says he has a broken hand (from before the arrest) and underwent back surgery on 27.10.12. Before the arrest he went every week for check-ups. On 1.12.12 he had a doctor appointment, which he missed because of the arrest.
 

The judge refers the medical problem to the prison doctor. He explains that due to his tender age and clean record he remands him to 8 more days in custody.
 

Muhammad Hamed Abed Alaziz (Hamamara) - ID 854084969

Defense: Judd Kadmani

The defendant is a 17.5-year old minor from Hussan. The prosecutor requests ten more days. The charges are the same as the previous case referring to the same incident.
The defense objects to such a long remand. The defendant gave a statement to the police and is cooperating. The defense also invokes his young age.
 

Judge's decision: Due to his young age and cooperation he extends his remand by 8 days.

 

Ramah Yunas Fatah Hamamra - ID 859688459

Defense: Ahlam Haddad

Another minor from Hussan arrested on the same charges of rock throwing.
Atty. Haddad sums up: The basic rights of the minor have been violated (regarding the hour of arrest, the investigation and access to council). He was not given respite during the interrogation - which is a blatant violation of his rights. He gave a statement to the police; keeping him in detention is meant to put pressure on him to confess.

Decision: 8 days remand extension.

 

Abed Al Hamid Sami Abed Al Hamid Hamamra - ID 858316205

Defense: Ahlam Haddad

This defendant is also from Hussan. He is charged with the same violation of rock throwing. However he is not a minor. All questions to the prosecution are answered with reference to the "Confidential file".
As for his health, the defendant tells the judge he is under mental pressure and has a fever.
Due to his distress, the judge awards him 8 more days in detention.

 

Sami Yussuf Mahmoud Abu Arkub - ID 907546949

Defense: Firas Sabah

Taer Issa Aziz Baradaya - ID 936746460

Defense: Judd Kadmani

In both cases an agreement had been reached between prosecution and defense. Both ended with 11 days remand extension to complete the investigation.