Russian Compound, Jerusalem - Stone Throwing, Remand Extension
Translation: Marganit W.
We could not obtain clear information about the schedule. We arrived at ten, and after a short wait entered the court where the first hearing was in progress. We were unable to follow that case.
Judge: Lieut. Col Arye Dorani
Police Investigator: Shanan
Defense: Atty. Firas Sabah
There was no interpreter. The attorneys translated for the detainees, but since they were busy with the hearing, the translation was hurried and incomplete.
Amjad Mustafa Saleh Hamed – ID 410410773
He was arrested on 7.7.15
Most of the attorney’s questions were answered with ‘It’s in the secret file”.
The investigator requests an 8-day remand. The judge requires details of the planned interrogations. Reducing the detention will allow better supervision, but could also result in a request for additional remand.
The defense objects to the remand extension. This is the fourth extension: the man has been interrogated for 30 days under harsh conditions. He has linked himself to the charges from the first days. The last interrogation was 10 days ago and since then he has not seen anyone. On 4.8. the same charges were repeated and he gave the same answers. In one version he was incriminated by a Maher Mubarak, who in 2012 had given him a bag sent by his brother Ahmad A-najar who lives in Jordan. He does not know what was in the bag and what connection exists between Mubarak and the security forces. Today he is asked to repeat what that Mubarak – who was not detained – said. Had he been detained 20 days earlier, this would have advanced the investigation. The detainee’s part in the activity of the unit is clear and there is no need to keep him for further interrogation. From here the case goes to the military prosecution and they can ask him further questions. The defense is not asking to release him. The prosecution is preparing a serious case against him, but he should not be kept in detention forever. There is no fear of obstruction of justice because the other members of the unit are already in detention. The defense requests that the case will reach the prosecution by next Thursday.
The judge offers 7 days remand, the investigator insists 8 days are needed.
The judge’s decision is long and detailed (like all decisions today). The gist: this is a serious charge. The future investigation should be reported in detail. Remand extension of 6 days until 11.8.15.
All the detainees today saw their attorneys for the first time when they were brought in. A brief conversation between client and attorney takes place before the hearing in the presence of everyone present: judge, investigator, typist, guards, Nachshon Unit officer and we, the ‘guests’.
Assem Abed Alkader Ibrahim Hajaz – ID 946048675
Defense: Atty. Judd Kadmani
This is the second remand extension. The investigator requests 15 days. The investigation is ongoing. A detailed plan is included in the secret file.
Atty. Kadmani wants to know if there has been any progress since the last remand extension and the investigator says Yes.
Has the interrogation followed the plan set in the previous hearing? The answer is Yes.
The attorney states that the detainee has been subjected to long arduous interrogations. He was put in solitary, his hand were cuffed behind his back. It’s been going on for 15 days and it is hard to enforce supervision when the investigation takes so long. Every prisoner faces this Catch 22 situation: if he does not confess, he is interrogated until he confesses. If he confesses, he certainly needs to be interrogated at length.
From the judge’s decision: The charges are serious. The judge enumerates which charges (in the secret file) the detainee has linked himself to and which clauses need further interrogation.
The judge approves of a 12-day remand, not the 15 requested.
This resembles haggling in the bazaar. The investigator requests a longer remand knowing that the judge will abridge it, but the decision is bound to be longer than what the defense wants.
The defense reiterates the harsh conditions of the detention: solitary confinement. The judge turns to the investigator who says he does not know what the definition of solitary is (!!!), the detainee is in a jail cell.
The judge accepts this answer and refrains from discussing it any further. Apparently, this court does not know the legal definition of solitary confinement. The defense’s complaint that the detainee was handcuffed behind his back is not addressed at all.
Ahmad Salah Shaker Hamamra – ID 402229363
He was arrested on 26.7.15
Defense: Judd Kadmani
The defense states that there may be an agreement. While the judge takes a short break the sides reach an agreement on a 12-day remand extension until 26.7.15.
The judge accepts the agreement and (again) reads a long decision.
Nimer Muhammad Nimer Harfush – ID 852407626
Attorney: Judd Kadmani
Nimer Harfush was summoned for interrogation. Last night he came by himself to Ofer and was arrested. He underwent preliminary interrogation and today is the first remand request (12 days). His investigation has not started yet.
The charges are throwing rocks and Molotov cocktails.
The investigator says that three days were lost because the extension request was submitted to the court today instead of on Sunday. (this comment seems to be part of the negotiation about remand extensions).
All the defense’s questions are answered with “It’s in the secret file”
The defense says the detainee has asthma but his inhaler was taken away from him in detention.
The judge orders to shorten the interrogation as much as possible so it can be overseen, and orders an 8-day remand extension. He also orders a doctor’s examination of the asthma complaint and providing him with an inhaler in the next hours. No mention of the fact that the inhaler was taken from him at the time of arrest and he was without it for 12 hours.
A man who was included in the docket today was taken to Ofer by mistake, so his hearing will take place there.