Ofer - Shooting, Holding and trading of combat materiel
Translation: Tal Haran
Judge: Major Shachar Greenberg
The day’s docket includes 30 cases of persons remanded for days. Some are suspects and still being interrogated, brought before the judge for remand extension. Some are defendants against whom an indictment has already been brought.
I have great difficulty in following the proceedings in the bustling, noisy courtroom. 5 lawyers crowd against the prosecution table while conversing with the detainee or detainees whom they represent. Family members try their best to communicate with their loved ones. The judge speaks quietly, nearly whispering, with the court typist, the interpreter is loud, prison service functionaries and various soldiers keep walking in and out of the courtroom. The place is more chaotic than usual.
Ali Ahmad Taleb Takatka, ID 854578143,resident of Um Salmona, born June 1993.
He says his attorney is Khaled Al-Araj, replaced in the courtroom by Ihab Jalid.
The indictment includes possession and holding of an unlicensed weapon, opening fire with others on a sentry post and towards the gate of the Jewish settlement Migdal Oz. The “others” with him at the time are 5 witnesses for the prosecution. It is highly likely that all six (the detainee we see in court and the five witnesses whom the prosecution intends to present on its behalf) have incriminated each other, or will do so. In court we shall perhaps see more threads of this incident.
The defendant was arrested on June 6.6.13, and was indicted after 11 days of interrogation, on 17.6.13. The prosecution and the defense are negotiating for a plea bargain. For the time being, Takatka will remain in detention until conclusion of the proceedings.
The next session is set for 7.8.13.
Abed al-Rahim Ahmad Mohammad Awad, ID 853653095,of Budrus village.
We have previously reported from his remand extension sessions during his interrogation.
His parents are present in court.
Defending him is Atty Nery Ramati.
An indictment has been issued, so that today he stands in court as defendant after his case moved from police interrogation to prosecution.
The next session is set for June 24.6.13.
Judge: Major Yitzhak Ozdin (Res.)
This courtroom too holds both suspects and defendants.
Four of the suspects are represented by Att. Nasser Nubani.
Two of these cases have been passed on to the prosecution but not yet been indicted.
The prosecution is represented by Captain Mazi Mekonan who requests remand extension for 4 days in order to complete their indictment.
Att. Nubani requests to release both suspects under restricting conditions.
Mu’ataz Mohammad Al-Hamur, ID 851816348, of Husan village, a computer engineering student.
Arrested four days ago, on 16.6.13.
His family is not present in court.
He explains to the court that he stayed in Israel to earn money for his family and his university fees. Both his parents are ill, he himself has medical problems, and has undergone harsh interrogations: he was beaten and denied food.
The prosecution claims that the economic reasons for which the suspect stayed in Israel for a long period of time are in fact a heavy burden on the security forces and constitutes danger… “This cannot be eradicated by any alternative to detention”. To reinforce her claim, the prosecutor cites a ruling she finds supportive of her argument.
While studying the interrogation material, the judge says Mu’ataz is also suspected of robbery and theft and rules 4 additional days in custody in order to issue the indictment - until 23.6.13.
Hassan Al-Batash, ID 921554267, arrested on 16.6.13, is also suspected of illegal presence in Israel.
He claims he had a permit that had expired and entered Israel in order to try and extend its validity.
The prosecution claims his arguments are contradictory and adds that “we shall consider indicting him for holding burglary tools as well”.
The judge rules to remand him in custody for another 4 days, until 23.6.13.
It seems to me, personally, that at this point the prosecution is preparing the charges from which it will be able to back off and reach a plea bargain, and largely with the judge’s encouragement.
Salah Mahmoud Said Zaharan, ID 901403343. Arrested yesterday. Denies the serious allegations against him (that are not mentioned in court). Military prosecutor Capt. Michael Reber requests remand extension for another 72 hours in order to pass the matter of this suspect on to the military commander, by means of an administrative detention order. The suspect has been interrogated and denied the allegations against him. The judge grants remand extension.
Malek Alek Samara, ID 944573567, suspect arrested on 16.5.13, and has been brought in for first remand extension. The police investigator requests remand extension for 10 days.
The defense attorney asks questions, and the investigator’s answers indicate that the detainee is suspected of having been involved in two incidents. He denies being involved in one of them, and as for the second, he exercises his right to remain silent. He lives in the Occupied Territories, but his interrogation is carried out in Moriah Police District. The defense attorney requests shorter remand in custody, the judge rules on extension for 8 days, until 27.6.13.
Mohammad Mahaba Mahmoud Tamiza, ID 9103574749, accused of stealing a vehicle.
He is represented by Atty Ahmad Safiyah.
Lower court prosecutor Daniel Elberg presents a plea bargain reached by both sides: the indictment will be amended, charge no. 1 will be erased, the defendant will confess to the amended indictment, the parties will agree on a sentence that does not limit the judge’ but always, as we have witnessed without exception, is accepted by him: 91 days prison sentence since his arrest date, 3 months suspended sentence for 3 years, a 1000 NIS fine or one month prison sentence.