Ofer - Stone Throwing, Remand Extension
Translation: Marganit W.
Clarification: we entered in the middle of the session. We repeatedly requested the protocols and the docket, but to no avail. Since we had no reference, we were unable to later request the list from the office. Thus, our report reflects our impressions and lacks specifics of the detainees.
All the hearings were of remand extensions.
Judge: Major Motti Schieff
Taer Aziz Halahla – ID 90451079
Defense: Atty. Ahlam Haddad
The first detainee is suspected of membership in the Islamic Jihad. The prosecutor claims that he has 5 prior convictions all involving security violations. His first conviction was in 2007 and he has served time several times.
Atty. Haddad points out that the evidentiary material is open to interpretation, but this time she wishes to focus on the detainee’s medical condition, requesting an alternative to detention. During his interrogation the detainee complained of pains. A blood test showed that he has Hepatitis B and the attending doctor said he needed medical attention and an Ultrasound. None of this was carried out. The detainee claims that he was infected in jail from an injection received during dental treatment.
He was arrested on 10.4.13. A blood test from 1.5.13 already includes the finding of Hepatitis B. There are allegations that the Prison Authorities want his liver to be infected and, besides, nobody would be much perturbed if the detainee died.
The judge determined that the detainee had gotten infected prior to his arrest and ordered the Prison Authorities physician to send the prosecution a report detailing his medical condition.
The judge wanted to know if the Prison Authorities could provide medical treatment on a par with a private practice. He also pointed out that if there were merit to the defense’s argument that the treatment received in prison might result in the detainee’s death, then she (the attorney) should file the proper report and present it to the court.
The hearing will resume on 4.6.13.
Suspect: Samir Takakta
Defense: Atty. Muhammad Shadfan
In this case, too, the defense requested alternative to detention. The attorney accepts the alleged charges. The man is suspected of entering Israel illegally, using a false ID.
Defense: The prosecution alleges ten violations. This is unnecessary overreach: there should be one charge, which has already been accepted - the use of false papers.
The accused owns a stonework plant: he is economically stable and is not trying to find work in Israel. He does want, however, to retrieve a 150,000 shekel debt owed him by some people in Issawiya. Every time he tries, they tell him he can’t come because he does not have a permit. Twice he crossed with a fake ID only to be told that the debtors were unavailable or at work. The third time was on Saturday when he was caught.
The attorney (speaking only in Arabic) cited a couple of precedents as argument for an ‘alternative to detention’. He confirmed that the detainee had served a twelve-year term from 1971. He has been free for 15 years now.
The judge decided to accede to the defense’s motion, provided that 15,000 shekels are deposited and two guarantors with Israeli IDs vouch for the detainee to the tune of 10,000 shekels.
The hearing will resume on 3.6.13.
Suspect: Abdulrahim Ahmad Muhammad Awad - ID 853653095
Police Investigator: Sergeant Major Shanan Muhammad
Defese: Atty. Nery Ramati
A young man – 19 years old – is brought into the courtroom. He is all bruised. Abdulrahim is the brother of Samir Awad who was killed by IDF soldiers last January. The investigation of that case is still on.
The police request a 14-day remand extension.
Predictably, there is a confidential file with a detailed investigation plan. Awad is suspected of throwing rocks and participating in a riot.
In reply to the defense, the investigator states that at the police interrogation, the suspect confessed to throwing rocks but, to quote the protocol, “we are facing an investigation that requires taking several actions that may require secondary interrogations.” All this to investigate 6 additional counts, and it is “clear” that this requires 14 additional days.
The defense asks if there is an explanation in the file for the many bruises on the detainee’s body. The investigator replies that during the interrogation the accused claimed that he had been beaten by the arresting forces before he was handed over to the ‘relevant’ agents. (As in all cases handed over to the relevant agents, we are certain that a thorough investigation will be conducted and “justice” will be done.).
The investigator confirms that the suspect was interrogated while being injured in the face, neck and legs. Only then was he transferred to a hospital. There is no medical record detailing the tests and their results.
The defense surmised that the intense GSS interrogation was aimed at “using the suspect for incriminating others…”
There are countless cases where evidence is the result of incrimination. How those incriminations are obtained… etcetera.
The judge’s decision: remand extension for 8 days.
The hearing will resume on 4.6.13
See protocol (Hebrew)
See also Gideon Levi’s article in Haaretz on what he called ‘Mini Pogrom’.