Ofer - Release on Bail, Palestinians staying illegally in Israel

Translation: Tirza Sandbank

morning and afternoon

"As long as the State of Israel does not reach a political settlement, the problem of people staying illegally in Israel will not find a solution by means of punishment by the court, but rather by giving  certificates to enter Israel to more people.  Both giving more certificates and also giving more Palestinians means of supporting themselves will engender  motivation for living in peace without the need to break the law." 

(said by the presiding judge, quoted from the protocol). 

Judge: Lieut-Colonel Shmuel Kedar

Prosecutor: Lieutenant  Yeela Tsaflavi

Defense: Atty Renal Merar

Detainee: Louai Jouad Muhammad Tarawa,  I.D. 401707914 -  Case 2080/15

The hearing deals with remand extension of a 20 old young man from Hebron. When Louai Tarawa was arrested, he admitted that he was working in Kfar Saba and had crossed over several times without a permit. 

The Prosecutor clearly presents the predicament of the Palestinians in need of work . "We are speaking about economic motivation which, as far as I can see, is still relevant.  Thus there is clearly a danger  that the suspect will commit these offences again."

The judge, who has been occupied since morning, with requests for extending remand of illegal infiltrators, decided to be forthright.  First of all, as regards the detention, "It does not appear to me that the suspect should be punished by detention before trial, or afterwards, because of lack of judgment during the investigation. Had he remained silent, as was his right, the prosecution would have known only about one single entrance.

Further, he expressed his dissatisfaction at the fact that there was no consistency in verdicts on this subject and said what I quoted above in the subject line.
The judge ordered the release of the detainee on bail of 2500 shekels, and an Arraignment hearing was set for 29.3.15.

Detainee: Khatam Rasmi Suleiman Alterda, I.D.858747538 – Case 2066/15

The prosecution requests extension of remand until conclusion of legal proceedings. The detainee has been arrested several times.

Attorney Barakat reports that the detainee is a man of 33 who supports both his parents and his own family. The prosecutor again presents the argument: "Economic motivation is no excuse for breaking the law, and, in the case that the suspect has to continue to support his family, there is not reason to believe that he will not repeat this felony."

Pure logic.

The judge notes that this is a borderline case; Khatam has four or five previous closed cases, a fact which points to recidivism;  but one day before he was arrested, the Shabak [GSS] had lifted the refusal from allowing him an entrance permit to Israel.

"True, he will not get an entrance permit today, as long as he is on probation, but this will serve to reduce his “endangering the region”, before the authorities were about to give him a permit.

The judge ordered his release for 3,500 shekels bail.

An Arraignment hearing was set for 30.3.15.