Ofer - Stone Throwing, Sentence

Translation: Marganit W.

Morning and Afternoon

Shosh Kahn (Women for Political Women Prisoners) and I make special efforts to attend hearings of women detainees. This time we did not know the defendant and it was the first time I attended a hearing of a woman accused of illegal stay in Israel.

Judge: Lieutenant Colonel Avry Einhorn

Prosecutor: Lieutenant Meital Reihani

Defense: Atty. Madhat Deeba

Defendant: Asma Nur Darajme,  ID 907327829 - Case 2730/15

Asma is a single mother of two small children who receive no support from their father. This is her third arrest for illegal entry into Israel. She does so to provide for her children.

This time the fine is 2500 shekels and the money will be taken from previous deposits.

However, the sentence includes 31 days in jail starting with the day of arrest, 26.3.15; 3 months suspended sentence for 3 years and an additional fine of 1500 shekels.

The prosecutor mentioned the hardships and the medical conditions Asma suffers from.

The question what will happen to the children when their mother is in jail was never raised.

In Justice Major Haim Balilty’s court we attended the hearing of Fadaa Demes and her brother Muhanned, both from Beit Ummar.

They are represented by Atty. Haled Al-Araj.

Fadaa was arrested at Gush Etzion Junction with a knife, and a few hours later her brother was arrested in similar circumstances.

They have both been in jail since the end of January.

Their next hearing was set for 17.5.15.

Judge: Major Haim Balilty

Prosecutor: Captain Yitzhak Unger

Defense: Atty. Nery Ramati

Defendant: Muhammad Ahmad Halil Abu Hashem, ID 859493918 - Case 1767/15

Atty. Ramati announces that his clients reject the allegations. They have been detained since 11.2.15. “We demand to hear the only incriminator who informed on the defendants. His testimony will clarify the case. The charge is too general and does not mention specific time and place (See my comment in a report from 30.1.15 – N.A.).

Atty. Ramati wants to hear the testimony in conjunction with Zein Abu Maria’s case, since it is the same incriminator and the evidence is identical.

Evidentiary hearing is set for 15.4.15.

Defendant: Hanan Jamal Abed Alrahim Shalabi, ID 860173798 - Case 2147/15

Hanan was arrested during the big demonstration in Bil’in commemorating 10 years of protest. She is accused of throwing rocks. The prosecution objected to an alternative for detention. Atty. Limor Goldstein appealed the decision but the appeal was rejected.

Now Atty. Ramati tells the court that on 18.3.15 the defense requested the investigation file (a request confirmed by the court office) but there has been no progress in the matter. The defense requests a hearing regarding the investigation material, which should be carried out before a different judge.

Memorandum hearing is set for 29.4.15.

We attended other hearings, too numerous to report.

Here is a new procedure we noted: In the past when a suspended sentence was activated, it would coincide with the new penalty. Now the months are added on top of the new jail time. Sometimes only part of the suspended sentence is activated.

For instance: A Palestinian from Beit Awa, sentenced to 26 months, will in fact serve 30-  months in prison, since he had a suspended sentence for 6 months: thus, 4 months were added while two were “absolved.”

Another new procedure:  18-month suspended sentence for 5 years. In one instance, Justice Etty Adar objected to this sentence, telling the prosecutor that there is no sense imposing a suspended sentence that the court cannot carry out. In one case she divided the penalty thus: 18 months for one violation, 12 months for another and 6 for yet another, according to the different charges in the indictment.