Russian Compound, Jerusalem - Shooting, Remand Extension
Translation: Diana Rubanenko
Judge: Menachem Lieberman
Police investigator: Omri Aweida
The defence attorney: Judd Kadmani
5 cases in the docket, one of whom was barred from meeting an attorney.
Abdullah Ibrahim Mohammed Aljuarish, ID 860178490
The detainee's mother attended the hearing, hugging and kissing her son.
The parties consented to add another 8 days of interrogation, until the following Monday, and then to transfer the case to the court in Ofer.
Murad Ali Awad Asacra, ID 941191181
The parties consented to 8 more days of interrogation, until 7.1.13.
Abed al-Hakim Mohammed Awad Tamimi, ID 936508250
The investigator sought to extend the interrogation by a further ten days. The suspect was arrested on 17.12.12.
This is the third remand.
He is suspected of involvement in a shooting attack on the settlement of Halamish, on 13.12.12.
The defence attorney asks: Has there been progress in the investigation?
Investigator's response: The investigation is ongoing, there has been no real progress in the suspect's case, but there's been progress in investigating the affair altogether.
The defence attorney asks: Is there new evidence?
Investigator's response: Yes, there are new detainees.
The defence attorney asks if the respondent denies knowledge of the act and/or involvement in it.
The investigator replies: Yes, he denies it.
The defence attorney sums up: He opposes the remand request. This is the third extension. The detainee denies his involvement and maintains that the only thing he did was answer his neighbour's question whether there were police or military checkpoints on the road. He did not know and did not know why he was asked. He had no part in the incident.
The judge's decision: The investigator claims that the suspect's release could interfere with the investigation, but lengthening the investigation will result in the suspect's continued detention which would violate his rights.
In the previous extension, the court ordered the transfer of the detainee's file to the prosecution, but this was not done. Justice Lieberman extends the detention for another 4 days for further investigation, until 3.11.13.
It is probable that by that date, the investigation team will decide if it is necessary to continue the detention or to choose the alternative option and free him.
Firas Mohammed Zuheir Asnaf, ID 910626829
The detainee is barred from meeting his attorney.
We observed the part when the defence counsel was present, and the detainee was absent. The defence attorney asked questions about the progress of the investigation concerning the alleged murder: firing at Halamish.
The investigator seeks 15 more days for questioning. There are no new suspicions.
The investigator answers the defence attorney's questions simply by stating that the detainee has linked himself to the incident.
When we are asked to leave the hall we, as usual, show the judge the pre-Supreme Court document recommending that we be permitted to remain present during both parts of the hearing in order to maintain the principle of public trial (the part where the detainee is brought before the judge without the presence of counsel, and the part where the defence attorney presents his arguments in the absence of the detainee).
Judge Lieberman took the pre-Supreme Court document and said: this document was given by Osnat Mandel, Head of the Supreme Court Department on 20 May 2009, while Natanel Benichou, at that time the deputy-president of the Military Court of Appeals, recommended complying with the pre-Supreme Court document. However, there have recently been changes in the court's position. A new decision handed down by Judge Ronen Atzmon of the Military Court of Appeals stipulates that MachsomWatch women be not present at hearings regarding detainees barred from meeting with their attorney.
We left the Russian Compound.