Ofer - Stone Throwing, Minors

Observers: 
Norah Orlow (reporting)
20/11/2013
|
Afternoon

 

Translation: Marganit W.

 

Juvenile Judge Lieut. Col. Sharon Rivlin Ahai handed down the decision in the case of the minor A.B.A – Case 1367/13 from Nabi Saleh.

Since the name of the minor is concealed, I cannot refer you to earlier reports of this trial, which we have been following with great interest, partly because of the trial within a trial proceedings, in which the defense contested admissibility of the statement the boy had given to the police, a statement that formed the basis for the indictment. A video of the interrogation presented in court in that earlier trial demonstrates the harsh conditions under which the statement was extracted from an exhausted boy arrested at home in the middle of the night (on 23.1.11) and not allowed to sleep until noon when the interrogation took place. Thus, he incriminated himself and many others in the village, so he can put an end to the nightmare.

In the end, Justice Rivlin-Ahai found his statement admissible. A. was detained for three months, then released under restricted conditions (house arrest).

 

Decision:

A. came to court accompanied by his sister.

 

The indictment includes three violations: two involve throwing rocks at security forces and the third “organizing and participating in an unlawful procession (He was 14 a the time).

 

Military Police Prosecutor: Captian Yaniv Bar

Defense: Atty. Gaby Lasky

 

The judge convicted the minor based on three arguments:

-his admission during the interrogation

-self identification in a photo where he is seen with a rock in his hand

-incrimination by another minor from his village [whose interrogation, too, is under suspicion]

 

The defense requested a review before the penalty is imposed on A. In case such a review cannot be obtained from the Welfare Coordinator at the Civil Administration, the defense will obtain an independent review.

The case was scheduled for hearing on argumentation of punishment on 29.12.12

[See details of arguments for conviction in the attached protocol – in Hebrew]

 

 

Judge: Lieut. Colonel Menahem Lieberman

Prosecutor: Captain Avishai Kaplan

Defense: Atty. Gaby Lasky

Accused: Nariman Mahmoud Hassan Tamimi, ID 41169330005 – Case 3717/13

Resident of Nabi Salah – released under restricted conditions.

Nariman is accused of entering a closed military zone.

[See earlier reports on this case]

 

The discussion centered on two requests by the defense:

To receive investigation material and indictments relating to orders governing “closed military zones” in order to provide appropriate defense for the accused, as the attorney will argue later.

To revisit the conditions of the defendant’s release.

 

The defense sought to get the interrogation documents before the trial began. Atty. Lasky could not understand the prosecution’s delay. “This contravenes court regulations” and is a waste of time for the court, the defense and the defendant. Why can’t the prosecution simply pull out the material from “Shield of Justice” (the name of the court’s computerized system), since that system serves the courts and the prosecution in all legal matters. However, when the defense wants to use “Shield of Justice” it is unacceptable. It is clear that the aim is to put hurdles in the defense’s way.

The attorney argued that as a result, the process is likely to be lengthy. She moved for easing the terms of release: as per a decision by the Court of Appeals, Nariman is subject to 11 hours home arrest on Fridays [the day when demonstration take place in Nabi Saleh].

The defense asked to trust the defendant, who has reported promptly to all hearings, and to limit the house arrest to the hours between 13:00-16:00 when the demonstrations take place.

 

Decisions on both requests will be handed down soon and relayed to both sides, said the judge.

(See attached protocol of the hearing - Hebrew)