Russian Compound, Jerusalem - Remand Extension, Barred (from meeting with attorney)

Translation: Marganit W.

Russian Compound

Things moved rather fast today. We arrived at 10:00 and entered the courtroom at 10:20.

We were greeted politely by the staff, but there was a new absurd ruling: we must hand over our purses. Really!

The open public procedure [the two of us being the public] began at 11:00 and was fairly short. We watched a parade of handcuffed blindfolded figures and a pile of documents put on the judge's desk to peruse and sign.

There were 14 cases in the docket, only two of them for open doors hearings. The rest were "barred from meeting with an attorney" for undisclosed reasons. They did not even have the semblance of an open public hearing.

Judge: Major Naftali Arnia

Interrogator: Avi Akiva

Defense: Attorney Anwar Ma'amun, Firas Sabah, Hanan Cohen.

Until 11:00 most cases were discussed quietly by investigator and attorneys, then handed over to the judge who signs them. Eventually the typist and the interpreter arrived, whereupon the legal procedure began.

The room is small, so we were unable to see the detainees. We sat on a bench to the right of the entrance, while the detainees sat on a bench to the left of it. The other benches were occupied by five attorneys and the interrogator. Next to them sat the judge, the typist and the interpreter.

There were about 15 people  crammed in the room, including the detainee and his guards.

The detainee is Ala Fakiya is represented by Attorney Ma'amun.

The investigator requests a remand extension of 6 days. The judge accepts the motion and asks the detainee if he agrees.

"With the detainee's consent... to complete the investigation..." Signed. Case closed.

A new detainee is brought in, but we cannot see him. A discussion ensues about "barred" detainees (12 out 14). Thus, we are not absolutely sure that the dialogue below in fact concerns Tabanje Fadi from the village of Katana, represented by Attorney Mamun, or that Tabanje Fadi is a "barred" detainee and the hearing is actually that of another person whose name is whispered between the interrogator, the judge and Attorney Fares.

The Hearing

Investigator: Request 19 additional days to complete the investigation.

Judge:  Does he accept the charges?

Investigator: We have the defendant's version at this stage. I refer the court to it.

Defense: When was he interrogated? On Saturday?

Investigator: the last frontal interrogation was on 23.7.

Defense: Did you carry out all the procedures indicated in the first remand?

Interrogator: (checking) Most were carried out, except article 3.4 of the previous report. The answer is in article 2.7 of today's report.

Defense: Because of this article you request an investigation?

Investigation: There are procedures in the secret report that need to be completed. All of article 3.

Defense: Is there a connection to his brother, who is also under investigation?

Investigator: The answer is in the secret report. A discussion may vitiate the investigation.

Defense: Will the agenda of the investigation be given to the judge?

Investigator: Yes. The defendant is accused of serious felonies, as described in the secret report. In view of the content of the secret report, I move that my request be granted.

Defense:  I object to the police's motion. The first remand was for 22 days. The defendant was interrogated and explained the allegations to the interrogators. Since his deposition he has not been interrogated.

There is nothing to add about the suspect. We move not to accede to the police's demand. The remand extension should be for 8 days, so the file may be transferred to the Military Prosecution.

Investigator:  I don't believe the suspect gave a proper version. He had been jailed before. He does not cooperate... Actions are being taken... The file is secret... Move to grant my request...

Judge:  I examined the file... I conclude that there are allegations that warrant extension of the investigation. Remand extension for 15 days, not 19, as the police requested.

Thus concluded the "open" hearing. The details are buried in the secret file. From this point on, the hearings of "barred" suspects are conducted in camera.