Ofer - Popular Struggle, House Arrest
Translation: Marganit W.
Follow-up appeal hearing in the case of:
Nariman Mahmoud Hassan Tamimi – ID 441693005 – resident of Nabi Salah
Rana Nabil Abed Alrahim Hamada – ID 412514432 – demonstrator in Nabi Salah
For a report on the developments since the women’s arrest at a demonstration near the village of Nabi Salah on 28.6.13 see previous report.
Judge: Colonel Natanel Benichou
Prosecutor: Captain Gilad Peretz
Defense: Atty. Nery Ramati
The two women reported to court from their homes, since they were released on bail.
Representatives of “B’Tzelem” and two diplomats were present in court.
Today’s hearing was a follow-up of a joint appeal by the prosecution and the defense.
The defense objected to the prosecutions demand to impose full house arrest on the women as an alternative to detention until the conclusion of the proceedings. The prosecutor, on the other hand, objected to the small sum, as he saw it, of the bail to be deposited by the women: he wanted it raised from 2000 shekels to 10,000 for each. He claimed that based on the women’s history, they are likely to repeat the offense.
As for the “offense’ and what happened after the women were arrested, read Amira Haas’s article in the attachment.
The defense drew his honor’s attention to the fact that when Jews violate the “closed military area” order, the police never ask the Magistrate’s Court to detain the offenders. At most, they are enjoined to stay away from the area for 30-60 days. A case in point is violators enjoined by the court to stay away from Hebron or Kiryat Arba.
In addition, the defense pointed out, there was no demonstration or assembly requiring a permit - there were only 7 people who descended the hill toward the spring [the bone of contention between Nabi Salah and the settlement of Halamish]. There was no violence. The defense wanted to use a portion of a video to prove its point, but the prosecutor objected, alleging that the film had been “edited”.
The defense further stated that the order that the soldier held in his hands, on which the arrest of the women was based, does not specify the area as ‘forbidden to enter’, but only refers to a vague map. Thus, the evidence is incomplete and inadequate.
Eventually, it was suggested that on Fridays the women would not enter the area of protest. It was not clear if this involves house arrest on Fridays or just refraining from entering the area where protests are taking place.
What is clear is that Nariman Tamimi has become a thorn in the side of the system that has marked her as a troublemaker and will use any method or means to neutralize her.
On 9.7.13 a decision was handed down regarding those 2 appeals:
Nariman Tamimi will be under house arrest on Fridays – until the conclusion of the proceedings.
Rana Hamada is prohibited from entering the village of Bil’in on Fridays – until the conclusion of the proceedings.
Each woman must deposit 750 shekel bail.