Russian Compound, Jerusalem - Stone Throwing, Holding and trading of combat materiel

Observers: 
Roni Hammermann, Tova Szeintuch (reporting)
Jul-15-2013
|
Morning

 

Translation: Diana Rubanenko

 

Judge: Major Azriel Levy

Police investigator: Omri Aweida

Defence Attorneys: Nery Ramati, Firas Sabbah

 

6 cases in the docket:  in one of which the detainee is barred from meeting with attorney

 

We realized today that the category 'barred from meeting with attorney' no longer exists - it has been replaced by 'an in-camerainfo-icon hearing'.

 

As always, we presented the judge with the pre-High Court of Justice document recommending that Machsom Watch be allowed to attend all parts of a hearing about a detainee barred from meeting an attorney. Following our request, the police interrogator requested a closed-doors hearing - for the sake of state security...

 

The first hearing concerned the cases of twin brothers from the village of Bil'in.

 

Their attorney was Nery Ramati. There was a suggestion that the brothers appear in court together, but the investigator did not agree - he felt it inappropriate for the brothers to meet.

 

So they entered court seperately, but the protocols were almost identical.

 

Aazem Basman Muhammad Yassin, ID 854754041

 

Muhammad Basman Muhammad Yassin, ID 854754058

 

The brothers have been detained since 7.7.13. The investigator asked for another 12 days in detention for further investigation; this, in the hope of concluding the investigation and transferring the cases to the prosecution. The detaineesinfo-icon gave two police statements.

 

Defence attorney: Q: Has he linked himself to throwing stones?

Investigator refers to the confidential report.

Q:  From 2009 ? (so they were aged about 15-16)

A: Yes.

 

The defence attorney summed-up: he objects to the number of days requested. The investigation focuses mainly on suspicions of stone-throwing in 2009. The suspects were twice interrogated by the police and five times by the Shabak. Due to their condition - held in isolation and undergoing interrogations - they could well "volunteer information that never existed".

 

The investigator asked to note that the suspects are being investigated not only for throwing stones but also for arms-related offences. The attorney added that there is no evidence of this.

 

The judge's decision: Justice Levy's decision emphasized that most of the visible evidence relates to the period from 2007 to 2009. He added that it appears that "the request indicates a type of campaign aimed at reinforcing, perhaps something from nothing, more recent allegations against the suspect".

 

He gave the investigating authorities 8 days to conclude the investigation and to pass the case on to the prosecution.

 

 

Yusef Araf Muhammad Salah, ID 852712082 - barred from meeting with attorney

 

Defence Attorney:  Firas Sabbah, on behalf of attorneys Kadmani and Bargout

 

Detainee is barred from meeting a lawyer until 18.7.13. The investigator requested another 15 days. The suspect was detained on 4.7.13.

 

After a few questions the defence investigator summed up that this is the suspect's second remand extension. Suspect links himself to some of the suspicions against him and admits that he indeed committed some of the offences, but not the other allegations for which he is being questioned, and says he did not commit the acts.

 

We were all asked to leave the courtroom.

 

After we presented our document [recommending that we be present during the hearing of a barred detainee], the investigator asked for: "an in-camera hearing, to avoid harming the investigation"...

 

We left the courtroom, and the detainee was brought in.

 

During questioning, the detainee said that as far as he is concerned, he has finished his investigation; if he "stays here" much longer, he will not last.

 

The judge's decision: in the first extension, the investigator requested 19 days and got 12, and in the time made available to the investigators, the principal investigative action was not made, and no any proper explanation was given.

 

Since the charges levelled are grave ones, he decided on a remand extension of eight days for the investigation and added that they must strive to complete the investigation during this period.