Russian Compound, Jerusalem - Shooting, Holding and trading of combat materiel
Translation: Marganit W.
Judge: Major (Res.) Shmuel Fleischman
Defense: Atty. Louai Oka, Tareq Bargout representing together the detainees.
Police Investigator: Radi Hatib
The judge arrived an hour late, and from that moment until the end of the session he fumed, chewed out and browbeat the investigator and the attorneys. We gathered that he resented the search and the demand for papers that delayed his entry into the court. He insisted that this was not the way to treat judges on reserve duty.
While we waited, we spoke to Atty. Bargout who told us that “everything was in agreement”.
We’d like to mention again that the detainees are dragged into court blindfolded, their hands and feet shackled, the guards grab their elbows, and only in the court are their blindfold and handcuffs removed. At the end of the hearing, they are blindfolded and handcuffed again before leaving the court.
The judge asked each detainee if he had a medical problem or wished to see a doctor. They will have a chance to get acquainted with the welfare system here.
Ibrahim Ahmad Ismail Nimer Luzi
He was arrested the same day and brought to court in civilian clothes. His name was not in the docket, nor was his ID number. However, his secret file was ready. If he was arrested at night or at dawn and his name was not yet on the list, when did they have time to compile the secret file? We understood later that the report was based on earlier interrogations of other detainees who mentioned him.
The attorney asked if there was intelligence information regarding his client. The prosecutor said, No. Intelligence information, it turns out, is info supplied by collaborators. Incrimination? Asked the attorney, and got the routine answer: It’s in the confidential file.
Then we witnessed the usual ritual that includes phrases that mean essentially: “I know, and you won’t know. I have the power and you are powerless. My interests decide the law.”
The actual words were: “confidential file, alleged evidence, suspicions, endangerment, risk to security in the region.”
Remand extension for 12 days until 8.9.14.
Hussein Yaakub Mustafa Ajrab – ID 98141077
Mr. Ajrab is an elderly man with greying hair. He is mentioned in Nitza’s and Hagit’s report from 7.8.14. Then he was barred from seeing an attorney. (He has been under interrogation for a month), so they were not present in his hearing. Atty. Oka spoke with him for a few minutes. There is an earlier agreement in Ajrab’s case.
The judge complained that his confession was written in Arabic without Hebrew translation. He asked the investigator angrily, “You want me to learn Arabic now?”
With the attorney’s agreement, and in view of earlier secret reports and the possible danger to security in the region, the detention was extended by 5 days.
Muntaser Ali Muhammad Ladadwa – ID 853460483
There was an agreement in this case. Ladadwa is accused of possessing and trading in weapons. He also linked himself to other incidents involving weapons that he said he bought “to shoot at the Israeli army”.
Remand extension for 6 days until 2.9.14.
Firas Muhammad Ali Dawabshe – ID 903907335
Mr. Dawabshe, too, is an elderly man. He’s a resident of Nablus.
His charge involves weapons: someone asked him for weapons several times, but the deal did not go through. In addition, he “took part in shooting”. All these, according to the investigator constitute grounds for detention on suspicion of risk to security in the region.
Remand extension for 6 days, until 2.9.14, whereupon the file goes to the military prosecution for indictment.
Shadi Asshak Yunes Darajma – ID 851611483
He is mentioned as a “barred” detainee in our report of 14.8.14.
The injunction against seeing an attorney was removed on 27.8.14 and the attorneys were notified.
I don’t know how many days he has been kept under the unspeakable conditions that I will describe later. Since he was “barred”, we did not see him in court.
The judge had harsh comments about this case. She said everything in that file was too general.
On 1.8 we wrote:
The judge examines the file and tells the investigator firmly that he cannot request a 15-day remand for a detainee barred from seeing an attorney. The Police Investigator, who presents the cases, serves as a messenger for those in charge of the investigation and he does not have answers to the judge’s queries. The judge continues to criticize and reprimand. She wants someone to explain to the court before the day is done how come a “barred” detainee is in custody for 15 days without judicial review. She complains that the file was sloppily compiled: it is too vague and unspecified. The judge cannot gauge how much time is needed for the investigation if the details are not specific. She cites her experience in military courts in Petach Tiqwa, Kishon and Ashkelon, where files are well prepared. Here at the Russian Compound the case is just not ready. She demands explanations from those familiar with the cases.
Shadi Darajma is disabled, paralyzed from the waist down and in a wheelchair. He is young but very big and heavyset.
Atty. Bargout wants to know: Do you have medical authority to keep him in detention?
Since bureaucracy and secrecy contribute to cruelty and neglect, the investigator replies: Every detainee has a medical record with the GSS – they are in charge of the detention facility. It is explained in the confidential file.
Since the detainee is incontinent, the attorney wants to know how he goes to the bathroom, how he bathes? Does he have help?
It turns out that his cell is the closest to the wardens’ station, so when he needs help, they can…. (what??) As for bathroom and the fact that he soils himself several times a day – no, nobody helps him. Another detainee is called upon to help, a different person each time (you can imagine how popular this task is among the detainees).
Here the judge interrupts, bawling out the attorneys! Only now do you bring this up?
In their defense, the attorneys point out that they were barred from seeing him. This is the first time they are in the same room with him.
The judge asks the detainee: Why didn’t you tell the investigator about your problems? You do speak to him…
The disabled detainee replied that he only answered the investigator’s questions.
Atty. Bargout summed up: My client has 99% disability and gets only partial and insufficient help with his needs. He is incontinent and soils himself. Before his detention he had physical therapy twice a week; here he does not get any therapy and has pressure sores. Keeping him in custody is a blatant infringement of human dignity and freedom and he should be released immediately.
The judge’s summation: At his arrest he was thoroughly examined by a doctor and declared fit for detention.
(Here we have 2 questions: first, why is he in detention? He cannot run away. Second, who are the doctors at the detention center, what kind of doctors are they? )
The court expects the detainee to approach the investigator with his problems and requests. The detainee said he had not spoken to the investigator about his condition.
Having criticized the attorneys, the investigator and the detainee, the judge now demonstrated “judicial control” – he demanded that the investigator present the court with medical proof that the detainee is fit to be in custody, and proof that the special conditions required for the disabled (special toilet bowl and device for the shower) have been met. The attorney was enjoined to contact the family and obtain documents and certificates needed to take care of the suspect.
The suspect gave his family’s phone number.
Examining the file, the judge stated that during his interrogation on 13.8.14, the detainee mentioned that he had been offered weapons and used weapons (???). There’s proof of more serious violations in the confidential file. The detainee has a right to receive proper medical care while in custody, but the investigators have the right to investigate. There has been progress in the investigation and there is ground for detention.
Remand extension until 4.9.14.
Udai Ahmad Ata Luzy – 854269633
Barred from seeing an attorney, so we left.