Court Transfers 7 of the Detained "HaSharon" Demonstrators to House Arrest and Extends the Detention of 8 Others, including a Minor

On 26 October 2011, the Kufr Saba Magistrates' Court transferred seven of the HaSharon Prison demonstrators to house arrest for four-six days. The court also extended the seven other detainees until next Sunday, 30 October 2011 at 12:00 noon. The court also extended the detention of a 17-year-old minor until next Friday, 28 October 2011 at 12:00 noon.

Adalah Attorney Orna Kohn, a member of the legal defense team for the detainees, stated that the police admitted before the court that they had not yet managed to retrieve video recordings which they claim prove that the demonstrators had shouted out slogans calling for the capture of Israeli soldiers so that they could be used to exchange for more Palestinian political prisoners. In the decision it delivered on 26 October 2011, unlike in its previous decisions, the court decided that none of the detainees represented a threat to public safety at a level which requires detention, as alleged by the police. However, the court stated that there were fears that their release may result in the disruption of the investigation, and therefore extended their detention until Sunday, 30 October 2011 at 12:00 noon. Attorney Kohn further stated that, "We hope that the court will release all of the detainees during the coming days because their detention was illegal and unfair from the beginning, and the prolongation of their detention is unjust."

The demonstrators were arrested on 20 October 2011, during a demonstration held in front of the HaSharon Prison. The demonstrators were demanding the release of all Palestinian prisoners from Israeli jails, and in particular the female prisoners who were excluded from the recent prisoners' swap deal between Israel and Hamas. The detainees are being represented by a team of lawyers consisting of Adalah Attorney Orna Kohn and pro bono lawyers, Osama Sa'adi, Yamen Zeidan, Wissam Aghbariya, Jamil Khatib, Daoud Naffa', and Fouad Sultany.

During the court hearing, the legal team argued that the arrest of the demonstrators was illegal and that all the motions for extension of detention were legally void. The demonstrators were charged with participating in an unlicensed demonstration, and yet the demonstration did not need any form of permit under Israeli law because of its size and nature.

The arrest motion that was submitted by the police to the court included the charge of voicing slogans calling for more Israeli prisoners to be captured in order to free the remaining Palestinian prisoners, which the police regarded as incitement to violence and terrorism. The legal defense team argued that all of the detainees denied this charge and all asserted that they had not used the alleged slogans. Moreover, even if the demonstrators had used such a slogan, it would not constitute a legal offence, as it falls within the scope of their freedom to express their opinion, and does not meet the requirements of the Israeli Penal Code.

Background

The group of political activists arrived at the area of the HaSharon Prison on 20 October 2011 to protest against the exclusion of female Palestinian prisoners from the prisoners' swap deal concluded between Israel and Hamas. The moment that they arrived, a representative of the police and a representative of the Israel Prison Service (IPS) approached them and asked them to hold the protest in an adjacent area and not on the grounds of the prison. The representatives also told the demonstrators that they had to stop their demonstration before 5 o'clock pm, less than an hour after it started. However, shortly before this deadline had passed, a group of policemen arrived and ordered the demonstrators to end the demonstration immediately on the ground that it was "illegal." Although the demonstrators informed the policemen that a prior agreement had been made with the IPS and the police who had been present earlier, the policemen insisted that the demonstrators disperse immediately. While the demonstrators were making their way to the bus and their vehicles, the policemen began to assault those who were still outside the bus without warning, and tried to arrest them all merely for being present at the site.