Russian Compound, Jerusalem - Holding and trading of combat materiel, Danger to Regional Security

Observers: 
Roni Hammermann, Tova Szeintuch (reporting)
Nov-5-2012
|
Morning

 

Translation: Diana Rubanenko

 

Russian Compound 

 

Judge: Col. Shmuel Keidar

 

Police investigator: Atif Mahmoud

 

Defence: Firas Sabbah

 

Judge Keidar suggested that we do not write down the suspects' names and that he would give us the minutes, and he indeed asked the stenographer to print three copies of each of the minutes.

 

There were 6 cases in the docket. In two of them agreement had been reached between the attorney and the police investigator.

 

Alaa Mustafa Ali - ID 851612838

 

Resident of Bir Zeit, suspected of placing an explosives charge.

 

There is agreement between the sides to add 4 more days of interrogation and that the case will then be transferred to the prosecution.

 

According to what the judge reads out from the file, the suspect suffers from epilepsy. He asks him whether he is getting the appropriate treatment; the suspect says: Yes. I'm getting treatment.

 

Ashraf Khalil Mahmoud Abu Aram - ID 910763838

 

Nura Burhan Aladin Kamal Abu Wardeh - ID 907044499

 

From Hebron, accused of membership in Hamas.

 

The police investigator asked for another 4 days for interrogation before transferring the case to prosecution.

 

The defence counsel opposed the extension and requested to ask some questions. Although the suspect gave the police several police statements, and apparently admitted to the charges attributed to her - membership in Hamas and contacts with wanted persons - Firas opposes this claim, arguing that the relationship was with one of those released under the Gilad Shalit deal, and does not endanger the region - because he is now living abroad. Therefore he is not a wanted person, but liberated - Firas contends.

 

Judge Keidar and the investigator oppose that definition and say he is wanted, even if he was released under the agreement. Therefore, the relationship with the person currently abroad is a serious offence.

 

And the defence counsel adds: "All she said was due to pressure exercised on her by her husband to help her, and that help did not harm security." Thus, and as the mother of a nine-year old child, and this being her first arrest, the attorney asked for her release. And if the court is satisfied that the case should be transferred to the prosecution – this ought to be done by the following morning.

 

The judge's decision: he accepted the Police request - 4 days of additional investigation, followed by transfer of the case to prosecution.

 

Amar Othman Ahmed Awiwi ID - 905762662

 

The suspect was arrested on 29 September 2012. The police investigator asked for another 11 days’ remand extension. The man is suspected of operations against the security of the region. Judge Keidar claimed he cannot be more specific than that.

 

Judge Keidar looked at the suspect and asked him what happened to his eye, and he replied yes, his eye is not in a good condition, he is in a poor general condition, he's going to deteriorate in detention and can even die. He has seen a doctor.

 

The discussion continued. The defence questioned the investigator who answered - "it's all in the confidential report". The detainee has admitted and links himself to events and actions, and the investigation has ended. If so, counsel asks, why are more days required? The investigator referred him to the confidential report.

 

The suspect asked to speak: I have been interrogated for 25 days. I am suffering from the conditions of the investigation, my medical condition is very severe. Replying to the court's question, he added that he has other problems beyond the visible ones. The suspect said he had seen a doctor, but his condition is deteriorating. The hospital said his condition is bad, and blood is dripping from his eye.

 

The defence concluded: the detainee had been under investigation since 22.10.12. From the outset the suspect admitted that he was involved in the affair. Why are 11 more days necessary? The other cases related to this event have been transferred to the prosecution. Leaving the detainee in harsh interrogation condition causes him damage and does not produce new evidence; the defence counsel requested the court's intervention: to end the investigation and transfer the case to the prosecution, or to shorten the investigation to 4 days.

 

The judge's decision: The allegations against the detainee are serious. More days should be added to the interrogation, as the police requested.

 

Rashad Muhammad Yousef Nasser – ID 981592041

 

He was arrested on 15.10.12 and has been interrogated ever since.

 

The police requested 11 more days for the investigation.

 

There was no agreement  between the parties. The attorney asked:

 

Q: Is progress being made in the investigation?

 

A. I refer you to the confidential report.

 

Q. Are there people who connect him to the suspicions?

 

A. Yes.

 

Q: Have you carried out the investigative actions that you requested?

 

A. Yes.

 

The defence concluded: The suspect was arrested 22 days ago. He did not admit the acts attributed to him. There is insufficient evidence to establish these suspicions. The suspect did not give a police statement. To justify such a long period of investigation, evidence is required - which is lacking. Therefore I ask to release the suspect.

 

The judge's decision: In the light of the confidential report, remand is extende by another 8 days.