Ofer - Release on Bail, Stone Throwing

Translation: Marganit W.

Judge: Major Shlomo Katz

Prosecutor: Captain Racheli Aviv

Defense: Atty. Nery Ramati

Defendant: Mariam Maher Ibrahim Bargouti – ID 411596372

Another remand extension hearing of someone participating in the weekly demonstration at Nabi Saleh. This time the defendant is 20-year old Mariam Bargouti who lives with her family in the US and is now attending Beir Zeit University.

The indictment contains two counts: the first refers to rock throwing, the second describes Mariam as a fearless warrior: “this is not a case of onetime rock throwing: we have here a recidivist”. The second count charges that “she entered a restricted area and defiantly climbed a ladder to penetrate the Military Base of the ‘Judea and Samaria Region’ Division”.

However, when you hear Atty. Ramati explain, you understand that the prosecution added to the indictment something that happened almost one year ago! [And the case was dismissed because it had no interest for the public].

According to the indictment, the defendant was identified by soldiers standing 5 meters away: she was holding the Palestinian flag in one hand and rocks in the other. She was identified by her clothes (black slacks and blouse and Mary Jane shoes). The defense points out that no distinctive article of clothing was mentioned, yet Mariam was wearing a red Keffiya throughout the rally. An hour later, when she was arrested in the car, she was no longer wearing the Keffiya, so it was not mentioned.

The defense wonders why Mariam, who apparently was identified as a rock thrower from such a short distance, was not arrested on the spot.

The judge, having viewed videos made by David Reeb and Bilal Tamimi, doubts there are evidentiary grounds for accepting the indictment, so he orders the defendant’s release under the following conditions:

4000 shekel bail

Two warrantors (with Israeli IDs) for third party guarantee, 7000 shekels each.

Prohibition to visit the well site during Nebi Saleh demonstrations.

The bond will be processed tomorrow.

Many family members and friends of Mariam were present in court, so the bond and the warranty were arranged on the spot.

The protocol of the hearing is attached [in Hebrew]. It demonstrates the ease and randomness with which demonstrators are arrested. In the end, Mariam Bargouti, who was arrested on Friday and released only on the following Thursday. Thus, she spent 6 days at Sharon Prison.