Ofer - Plea Bargain, Stone Throwing

Observers: 
Nitza Aminov (reporting)
13/10/2013
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Morning

 

Translation: Marganit W.

 

Morning and Afternoon

 

As soon as I entered the courtyard I went to speak to Mrs. Kariya whose 16-year old son Khalil’s detention was reported on 1.9.13. Khalil has Type 1 diabetes, and the first thing the mother told me was that his situation has worsened and the family fears that he is not getting the right medication. The hearing took place after the break.

 

Judge: Major Sharon Rivlin-Ahai

Prosecutor: Lieutenant Dvir Wiesel

Defense: Atty. Tarek Bargout

 

Khalil Ata Kariya, ID 402246516 - Case 4695/13

Khalil is accused of manufacturing and throwing an incendiary object. He does not admit to the charges.

[See earlier report on this case]

 

There was no hearing because the prosecutor did not show up (this point was not clear: Dvir Wiesel WAS present, but perhaps the prosecutor from the earlier hearing was supposed to be there too).

Khalil’s parents and brother were present in court. The father addressed the judge, explaining that he is a physician and has always taken care of his son’s medical needs.

His son’s diabetes has worsened, which endangers his liver and his general health. The father suspects that Khalil is given the wrong medication in prison. Khalil told his father that after the holiday he would be transferred to the prison hospital.

The judge ordered the medical records to be transferred to the prison clinic. The father said this has already been done.

 

Two prosecution witnesses were summoned for the next hearing (2 interrogators and Hamza Abu Zen who is in detention) on 27.10.13.

My heart went out to the weeping mother and the brother who supported her. I told her she should be proud of her son, who did not cave in and confess to something he had not done. My words were meaningless in view of her agony.

That day in court looked like “Minors’ Day at Ofer”.

 

Jamil Nasser Atallah, ID 401359963 - Case 3199/13

Atty. Fadi Qawasme represents Jamil Atallah, who is accused of manufacturing and throwing an incendiary object. This was a summation hearing in the case.

Jamil was born in 1996. The judge accepted a plea bargain and imposed on him 12 months in jail, 12 months suspended sentence for 4 years and a 2000 shekel fine.

 

Atty. Qawasme also represented

 

Ahmad Jamil Daraj, ID 4095556 - Case 2658/13who is accused of throwing rocks. There is an agreement, which the attorney will present in the next hearing on 13.11.13.

 

Amar Jaleb Iyad, ID 401364955 - Case  4138/13,accused of throwing rocks.

Atty. Qawasme reported that an agreement is in the making.

A summation hearing was set for 13.11.13.

 

Yazan Hassin Hasni Majamas, ID 860059344 - Case 4849/12

Yazan is represented by Atty. Mahmoud Hassan.

Yazan (born 1994) is accused of being a member of the Popular Front since 2011 (i.e. when he was 15), participating in rallies and holding a ‘not very significant organizational activity’ (according to the judge), as well as of throwing rocks on August 2012. Yazan resides in Bir Zeit and has been detained for 10 months. The defense explains that Yazan was influenced by two older people already convicted for 18 months in jail for much more serious violations.

Decision: Yazan will serve 13 months in prison starting with the day of his arrest, plus 12 months suspended sentence for 4 years, and 3000-shekel fine.

 

Muhammad Haled Slame Jundi, ID 859538480 - Case 2588/13

As soon as Jundi was let in with other youths, he began arguing loudly with his brother who was in the audience about changing the attorney. Names were bandied about: the brother shouted Muhammad Shaheen while Jundi yelled that he had been told he could get a better plea bargain. The judge watched the scene, slightly amused, and contributed to the list of suggested attorneys: “ Why not Haled Alaraj? He’s an excellent attorney” [This is a strange comment, to say the least, but it is not unusual in the farce called Military Court. Recommending a defense lawyer is not an aberration, it is just really weird. N.A.]

All this time, Atty. Fadi Qawasme , who had represented Jundi up to now, sat there amused. In the end, it was decided to stay with Qawasme, who then presented the plea bargain that contained a revised indictment.

Jundi (born 1995) is convicted for the third time: there is a suspended sentence of 8 months in effect since 2011.

The judge accepted the plea bargain and handed down a decision of 5 months in jail, plus 6 months of the suspended sentence  - altogether 11 months plus 12 months suspended sentence for 5 years and a 2000 shekel fine.

The defense pointed out that Jundi’s collaborator got only 3.5 months, but the judge retorted that she considered the sentence lenient, warning the defendant that if he came again before the court he would  be tried as an adult and punished more severely.

 

Atty. Haled Alaraj requested a postponement for

 

Ahmad Al-Mutafek Halil Hamdan, ID 859826265 - Case 2446/13

Jihad Nasser Muhammad Al-Halil, ID 4011222403 - Case 3723/13

Both are accused of manufacturing and throwing an incendiary object. The hearing of both cases was set for 13.11.13

 

Rabah Bilal Rabah Fadilat, ID 401301841 - Case 3984/13

He, too, is represented by Atty. Alaraj. The defense informed the court that there is a veritable legal disagreement in this case and he requested a postponement to gather all the evidence.

 

Muhammad Jamil Saadi Abu Maria, ID 859598237 - Case 1237/13

Atty. Alaraj represents Abu Maria, who has been in detention since January this year, charged with throwing rocks. The attorney reported that negotiations have started regarding a plea bargain, but Muhammad has a prior record and a suspended sentence in effect. Thus, the hearing was set for 6.11.13.

 

Muhammad Ahmad Halil Abu Hashem, ID 859493918 - Case 4038/13

[See earlier reports on this case].

Muhammad (born 1996) is charged that on 11.6.13 he threw rocks at a military jeep, hitting it.

He has been in detention since July.

Atty. Alaraj represents him.

The penalty, as per plea bargain, is 3 months and one week, 6 months suspended sentence for 3 years and 1000 shekels fine.

Muhammad was supposed to be released as soon as the fine was paid, but his mother and brother, who were in court, had not brought the needed money. I know this family well, and I called them to verify that Muhammad would be home for the holiday [Eid Al-Adha]. Indeed, yesterday he came home.