Russian Compound, Jerusalem - Stone Throwing, Remand Extension
Translation: Diana Rubanenko
Judge: Col. Shmuel Keidar
Police investigator: Omri Aweideh
Defence attorneys: Ahlam Haddad, Firas Sabbah, Fadi Qawasme, Judd Kadmani
Today was the second remand extension for a group of minors from the village Hussan, who threw stones; one stone hit a passing car and caused an accident in which a woman was injured.
The minors were arrested on 1.12.12. Today relatives were allowed to enter the court and talk to the detainees. The family tried to give the minors clean clothes, but the delivery - through a designated window - was not allowed. The judge asked to transfer the minutes (concerning all the detainees) to the commander of the detention centre, who is required to reply to the President of the Court in Judea - in writing, within 7 days - whether the handing over of clean clothes to suspects is a regular procedure, or specific to these suspects. Concerning the current case: he requested that the person in charge of security checks will examine the clothes in the screening machine, and allow the suspects to receive the clothes their families brought. Attorney Qawasmeh added that it is a serious problem, since most of the detainees are residents of the Occupied Territories, whose relatives cannot come to Jerusalem and bring them clothes. Until not long ago, lawyers were able to transfer the clothes the families sent. Since the detention centre has changed hands (it is now run by the Prison Authority) only families can provide packages of clothing, but they are not allowed to enter Jerusalem, and of course are banned from entering the jail area!
After hearing this, Justice Keidar stated this request in the court minutes.
We received printed minutes of the proceedings which we attended. There were 9 cases in the docket; we attended hearings of 6 cases.
Three of the minors were represented by Attorney Ahlam Haddad.
Ramah Younes Abed el-Fatah Hamara, ID 859688459
(His mother attended the hearing)
The investigator requested an eight-day remand extension and the transfer of the case to the prosecution. The defence counsel argued that her client had admitted that he threw stones, but left the scene five minutes before the accident and went home, where he worked on his computer and spent time with his family. He did not know about the accident and heard about it only after it happened. His relatives tried to hand over clothes to the suspect, but were told it was prohibited. Judge Keidar asked the boy if he had had no change of clothes since his arrest. The boy replied that he had another shirt, but it was under deposit at the jail.
The judge inquired about the matter with the investigator, who said he knew nothing about these procedures. The judge asked the suspect's mother, who said: I tried to hand over clothes but was told it's forbidden.
The judge's decision: there is agreement on extending the investigation by 8 days and transferring the case to the prosecution. As for the possibility of transferring clean clothes to detainees, he requested that the minutes be given to the prison commander, who would have to reply to the President of the Judea Court in writing within 7 days - whether giving a suspect clean clothes is a regular procedure for detainees or whether those rules were specific to this one (and also about others who made the same argument). He asked the person in charge of security checks to examine the clothes in the screening machine and to allow the suspect to receive them.
The judge added: "If it turns out that this is the regular procedure, not an unfortunate mistake, it is a source of embarrassment, and a thorough in-depth discussion must be conducted that will result in changing the procedures."
He extended the remand, following the parties' consent, by 8 days.
Ismail Ibrahim Ali Hamamreh, ID 860028133
The investigator requested 8 more days of interrogation.
The defence counsel: in the previous hearing, there was no police statement and he has not been examined yet. Today he gave his statement, and he is under psychological pressure because he was in isolation. He threw stones, but did not participate in throwing the stone that caused the accident. The detainee also said his condition is difficult because of the isolation. "I want to be with the others" - he said.
In the first extension the detainee claimed that he had a problem with his hand (which was broken before the detention). In the minutes, the judge requested that a doctor examine the prisoner. The request was not granted at that time.
The detainee's brother was present in the courtroom.
In his decision, the judge repeated his request to allow clothes to be given to him, especially underwear. In these minutes too, a medical examination is requested.
Extension of 8 days, with the parties' consent.
Mohammad Sami Abed el-Hamid Hamamreh, ID 401026240
Represented by Ahlam Haddad and by Judd Kadmani.
The detainee is a minor. The investigator requested an extension of 2 days and the file's transfer to Ofer court, to decide on his release. He did throw stones, but was not involved in the incident that caused the accident.
The judge's decision: with the consent of the parties, extended remand by 2 more days.
Sami Yusuf Mahmoud Abu Akroub, ID 907546949
Represented by Attorney Firas Sabbah.
The investigator requested 11 days more detention.
Q. (Firas) Has progress been made in the investigation?
A. There is no progress in the investigation, but there is a development in the investigation program. Attorney Sabbah has heard several times about the confidential report. He concluded: the request is excessive. The suspect has already been tried on the allegations against him in this case (membership and activity in a forbidden organization). He was sentenced to 9 years. Three years ago he was investigated on allegations to which he admitted, in partnership with others. At the time, the investigators were convinced that the suspect gave them all the information, and then, after three years they are interrogating him again on the same allegations. There is no new evidence, but someone incriminated him, someone that the suspect says he doesn't know. The defence asked the court to consider the facts.
The judge asked if the suspect had anything to add, and he answered: "The GSS interrogator 'up there' says I'll sit in solitary confinement until I say what he wants me to say."
The judge's decision: The prisoner was sentenced to 9 years for activity against the security in the region. Two weeks ago he was arrested for further questioning concerning other suspicions. The investigation is progressing slowly.
He extended the remand for 8 days, adding that there if no real progress is made, the Court will consider if there is room for further investigation of the allegations raised.
Qadri Jamil Rabia Alduek, ID 902754084
Represented by Attorney Firas Sabbah
The Investigator requested another 11 days in detention.
The allegations against the suspect are the same as those of the previous suspect. After three years, he is being investigated for suspicions that recently came to light.
The investigator answered Firas's questions by referring him to the confidential report.
The judge asked the suspect if he had anything to say. The answerwas: "It's taking too much time, what do you want from me?"
The judge's decision: As with detainee Sami Abu Arkoub – 8 more days of interrogation.
Mohammed Hamad Abed el-Aziz Hamamreh, ID 854084969
Represented by attorney Fadi Qawasmeh.
The investigator requested another 8 days in detention, and for the file to be transferred to the prosecution.
The defence counsel agreed on the number of days but reiterated that his client had not participated in the entire stone-throwing incident - only in part of it, and had left the site with another man named Ramah. He wanted this point to be investigated. In this case too there was a problem with passing over clean clothing.
The judge's decision: remand extension of 8 days.