Ofer - Plea Bargain, Holding and trading of combat materiel

Translation: Marganit W.

Our observation took place while “Brother’s Keeper” Operation was going on. According to official reports, 350 people have been detained in the West Bank, but this place has not been affected by outside events.

Before entering, a man approached us for help. He is the father of Ashraf Juadi from Daheisha. He told us that on Friday night soldiers came to his house and during a search, turned it upside down, broke and destroyed his property. They also took a wallet with his ID card and 2000 shekels. When he demanded that they return it, they attacked him. His son came to his help and was promptly arrested for “attacking soldiers”. The father came to Ofer to attend his son’s arraignment. He is represented by Atty. Haled Alaraj, who is a relative. He got his card back, but not the money. He did not lodge a complaint with the police. Sadly, we could not help him.

It is now Mr. Juadi who is waiting for his son’s arraignment, not the parents of the soldiers who marauded his house and stole his money – this surely attests to the “normalization” of the aggressive operation “Brother’s Keeper” becoming part of the routine of the military legal system.

In Justice Meir Vigiser’s Court

Prosecutor: Lieut. Racheli Aviv

Hamam Mahmoud Abd Al-Hadi Alasafra,ID 852771849 -Case 1758/14

Defense: Ahlam Hadad

Charge: attending a meeting and offering services to an unlawful organization.

In April, the defendant attended a meeting of “ Kutla Al Islamiya” at the Polytechnic

University in Hebron. He delivered a speech and voiced support for the organization. He also joined others in hanging the group’s flags around the university.

The court accepted a plea bargain between the two sides and handed down a punishment of 5 months in prison, plus activation of a suspended sentence from a previous indictment, 4 of which will overlap. In total he is sentenced to 9 months. In addition there is a suspended sentence of 15 months for 5 years (as per rule 85 or 84 of the Emergency Defense Rules) and a 2000 shekel fine or 2 moths’ incarceration .

The court’s arguments were: the defendant’s past record, the fact that he confessed, thereby saving the court’s time and the fact that he became a father to a daughter 20 days earlier.

Sadam Ali Ayad Awad,ID 85266203- Case 6458/13

Defense: Ahlam Hadad

Charge: Membership and activity (in an unlawful organization)

Atty. Hadad informed the court that the defendant had removed the injunction against exposing his medical record, and it would be presented to the court in the next hearing.

Halil Ayman Halil Traira,ID 852731132- Case 6415/13

Defense: Munzer Abu Ahmad

Charge: Criminal offence

In the defendant’s possession were found 2 computers taken from stolen cars and 4 licenses of stolen cars.

He committed the offenses right before his arrest in April 2014, a short time after his suspended sentence for previous property violations ended.

The defense asked the court to accept a plea bargain, since property violations are punishable by fines not by incarceration.

The court accepted the agreement, sentencing the defendant to two and a half months in prison, plus 16-month suspended sentence for 5 years and 2500 shekel fine or 24 months in prison.

Muhammad Husni Amatir, ID 852350719-Case 2727/14

Defense: Ahlam Hadad

Charge: trading in combat materiel

On 12.2.14 the defendant bought 2 submachine guns with cartridges and 80 bullets from Muhammad Hashash Abu Dana, in return for cancelling a debt.

The defendant is 23 years old; this is his first offense. The judge stresses the severity of the charges. The weapons could end up in hostile hands and be used in criminal and security violations. However, the weapons were purchased on the day of his arrest and he had not time to use them.

The court accepted the agreement and sentenced him to 8 months in prison, 12 months suspended sentence for 5 years and 8000-shekel fine.

Muhammad Jibril Ramadan Dawad,ID 850477530-Case 4499/14

Defense: Ilya Theodory

To the judge’s question, the defendant declares that he does not know the charges against him. The court explains that the charge is rock throwing.

The defense requests a postponement.

During our 2-hour stay in court there were 7 other short hearings - all requests for postponed hearings.