Ofer - Plea Bargain, Stone Throwing

Translation: Tal Haran

The court of Judge Shachar Greenberg

Naji Hamdallah Daoud Amer, ID 9075990103 - Case 3414/13

Defense attorney: Att. Munzer Abu Ahmad

Charge: leaving the area without permission.

Before the judge confirmed the plea bargain, the defendant was heard.

Naji said that he had not been in Israel for a year and a half, that he did study in the university, but that in the Occupied Territories no work could be found in his profession (we were not told what it is). He worked as a construction hand and made 50 NIS a day. He has no links to any hostile organization and his sole motive for committing the felony regarding a closed zone is to work and earn money. They have no money and he must do this. He asks for a lenient sentence.

The judge’s ruling: the defendant was convicted by his own confession under the plea bargain of violating a closed-zone order, by entering Israel.

He is sentenced to 30 days in prison activating a previous suspended sentence from a file tried by Shomron Military Court; a 2000 NIS fine (or 2 months imprisonment), and 4 months suspended prison sentence for 3 years.

(One simply cannot get used to punishment for the urgent necessity of feeding the family. M.M.)

Ahmad Daoud Sabati Hawajah, ID 937432607 - Case 3454/13

Defense: Atty Nery Ramati

Charge: Membership in a hostile organization and holding a position therein; founding a Hamas cell in 2010 and being responsible for it; leading a Hamas procession and hurling stones at the security forces.

He was arrested on 10.6.13. The indictment was presented on 17.6.13.

Att. Ramati, on behalf of his client, absolutely denies all charges against him. He claims Ahmad would be glad to provide an alibi if the charges would contain the dates and places of his alleged activities, when and where he was allegedly seen.

Furthermore, Att. Ramati said, a precedential argument of protection from justice, on account of negligent and biased interrogation, will be presented.

Att. Ramati wishes to set the date for the evidentiary stage in court as soon as possible. When he named the witnesses he wishes to summon, the prosecutor declared that in two weeks she would provide immunity assurance for their testimony. Att. Ramati claims such immunity has no value since these witnesses are the very people who incriminated his client. In any case, the issuing of immunity would not delay hearing testimonies.

The next session has been set for 7.7.13.

Ibrahim Azeez Mohammad Baradayah – ID 948961941

The charge: leaving the area without a permit.

Ibrahim tells the court he does not wish Munzer Abu Ahmad to represent him (is his refusal linked to the fact that about an hour earlier, we as well as Ibrahim were present when Att. Abu Ahmad tried to persuade other defendants to agree to a plea bargain?)

Nor does he wish to be represented by an attorney provided by the Palestinian Prisoner Society, in answer to the judge’s question.

The court agreed to his request and postponed the session for one week, ruling that the defendant must arrange his legal representation by the next court session. The court instructed that the defendant be permitted to make telephone calls in order to arrange the matter. Since the phone numbers of most of his family members are kept by the prison authorities, the court instructs them to allow the defendant to extract the relevant numbers from his own cell phone.

Hazam Fathi Mohammad Rateb Shareef, ID 853458040 - Case 2854/13

Defense: Att. Anwar Abu Amar

Charge: membership and activity in an unlawful association.

Before the defendant’s case was discussed, the judge left the courtroom. Thus I was able to speak with Hazam’s parents. The mother, fluent in English, is principal of a girls’ Muslim school in Hebron. The two parents smiled a lot, invited me to visit their home when I do get to Hebron, and I couldn’t tell where and how they hid their concern for their son. The father said of him: He’s clever, look how he smiles. (Perhaps the smiles expressed defiance of the situation in which they found themselves).

Hazam is 20-years old, third year student of engineering at the Hebron Polytechnic College.

He too smiled a lot and seemed very glad to have his parents there.

The court agreed to a plea bargain: the defendant was convicted by confession of membership and activity in unlawful associations. He was an active member of Kutla Islamiyya (students’ association of Hamas). In December 2012 he received a suspended sentence. His present sentence befits the sentencing degree of his partner in the felony. He is now sentenced to 3 months in prison from the date of his arrest; 6 months suspended sentence for 3 years on any felony according to emergency regulation 85184, or any accompanying felony; 3500 NIS fine (or 3 months in prison).

Mohammad Daoud Mohammad Jaafar, ID 852162361 - Case 3538/13

Defense: Atty Abeer Mrar

The court agreed to a plea bargain whereby two charges were erased and the remaining charge was of violating a ‘closed zone’ order. Mohammad was caught two weeks before his arrest. He is 24 years old, with no criminal record, married to an Israeli citizen with whom he has 3 children.

According to the plea bargain, he was sentenced to 31 days in prison, one-month suspended sentence for a year, and a 500 NIS fine or 2-week prison sentence.

The court explained its agreement to the plea bargain which it regards as a lenient one in view of the special personal circumstances, as Mohammad is married to an Israeli citizen and father of 3 children, and of the court’s willingness to let him promote the procedures for “family unification”.