Russian Compound, Jerusalem - Holding and trading of combat materiel, Remand Extension

Translation: Diana Rubanenko

Russian Compound

Judge : Major Yitzhak Ushdin

Police investigator : Omri Aweideh

Defenders: Firas Sabbah , Judd Kadmani, Tareq Bargout

Eight cases in the docket, of which three have been barred from meeting with a lawyer.

We missed the first session, since there was no woman warden available to check us. Eventually we were allowed to enter without a physical examination. They took the risk...

Zuhair Hatem Zuhair Habayah, ID 852909605

Defence: Judd Kadmani

Four more days in detention were agreed on, after which the case would be transferred to the military prosecution.

Ma'an Tchabar Jamil Mafarajeh, ID 949955884

Defence: Judd Kadmani, Firas Sabbah, Tariq Bargout

The suspect has been detained since 26.6.13.

The investigator requests 15 days remand extension to continue the investigation. The detainee is barred from meeting an attorney until 8.7.13 at 23:59. Answering the defence attorneys' questions, the investigator said there is reason to believe that the period of the ban will be extended.

The suspicions: membership and activity in the Hamas organization, planning military operations, as well as offences connected to arms. The attorney asks: Is this the first hearing, and how many times has the suspect been questioned? The investigator answers:  many times; there are close to thirty memoranda.

Defence attorney: There are many hours of investigation - were the investigations consecutive? Investigator:  the hours are listed in the classified document.

Defence attorney: How many times was he questioned during the past week? Investigator: From the third of the month till today - he was questioned six times.

Defence attorney: Was he questioned while handcuffed?

Investigator: He was questioned by the GSS (Shabak) and I'm sure he was legally interrogated according to their procedures and in compliance with the law. From what the police investigator knows, the GSS investigators generally interrogate the detainees when they are handcuffed. At this point, the investigator felt that the defence counsel doubts the reliability of his answers, and reacted with mounting anger. The judge calmed him down ...

Summing-up, the defence argued that they object to a 15-day remand extension. The respondent was questioned close to 30 times over a short period. He is barred from meeting an attorney who could advise him about his rights under interrogation. The attorney asked the court not to agree to the police request, and to take into account the ban and the intensive investigation his client is undergoing.

At this point the defence counsel was asked to leave the court. We were also asked to leave the court, and then presented our document issued by the pre-High Court of Justice that recommends permitting us to be present at the hearing stage with the prisoner, for the sake of  public hearing of the proceedings.

The investigator asked for an in-camera hearing. The judge decided in his favour: for the benefit of the hearing and of the security of the region, the hearing will be held behind closed doors, without the presence of Machsom Watch, to avoid endangering the security of the region.

We left and waited outside the courtroom.

The judge's decision, after meeting with the suspect: another 8 days detention for the investigation.

Salah Daud Abdullah Alkadi , ID 900113630

Defence Attorneys : Judd Kadmani and Tareq Bargout

Barred from meeting a lawyer until 9.7.13 at 23:59.

Has been detained since 5.7.13.

Suspected of firing at Israeli vehicles in the Bethlehem area. He has given a statement to the police, and connects himself to some of the suspicions.

The defence inquired about his health condition, and the investigator replied - he is being treated by the prison clinic and is fit for detention.

Defence attorney: How often has he been questioned ?

Investigator: 3-4 times, and he has given a police statement.

Defence attorney: Has he had his rights explained concerning consultation with an attorney ?

Investigator: He signed the rights sheet in Arabic rights after his rights were read to him.

Defence attorney: Are others involved? The answer: Yes.

The defence summed-up: he is opposed to such a long extension, while he his client is barred from meeting a lawyer.

We went out into the corridor while the judge questioned the suspect.

At the end of the hearing, we returned to the courtroom, received transcripts of the hearings and read there the detainee's answers to the judge's questions (from the minutes): "Regarding the question of the court about the state of my health, I am in a bad state of health. Since 2007 I have been treated at a psychiatric hospital in Bethlehem. About the investigation, I have nothing to say. Yesterday I wanted to die, so they put me in isolation, and today I regretted it, I do not want to die and I want them to put me back where I was. I have a medical document stating that I must always be under supervision."

The judge's decision: 11 more days of investigation. No reference was made to the fact that the detainee was probably in a terrible mental state.

Mohammad Ibrahim Mohammad Matloub, ID 905068383

Defence Attorney: Judd Kadmani

Barred from meeting a lawyer.

Detained since 5.7.13. The police asked for another 15 days in detention for interrogation purposes.

The suspect was questioned about the same case for which Daud Abdullah Salah Alkadi was interrogated.

Same questions, same answers, same referral to the confidential file. Just a different suspect.

Replying to the judge, he said that that he had nothing to add, and that he is not taking medication.

The judge's decision 11 more days in detention for the purposes of the investigation.

Mahmoud Muhammad Hussein Abu Alayish, ID 855026316

Defence Attorney: Tareq Bargout

Before the hearing started, the suspect broke into heartbreaking tears. He spoke in Arabic, in a torrent of words. We asked the attorney for an interpreter, and he told us that the detainee claims he had had enough, and that he is unable to suffer any more.

The judge did not have a translation of the detainee's words. Some of those present had a contemptuous expression on their face.

The investigator suspected that the detainee was putting on an act, but he changed his initial request for 11 more days in detention. The parties agreed to eight days. He added that the investigation authorities must do their best for the suspect to be taken from the Russian Compound to Ofer, by coming Thursday.

The judge did not intervene, and let the parties reach agreement on eight days.