Photo Credit: screenshot
State Attorney Shai Nitzan.jpg

What was beginning to look like a bona fide constitutional crisis (in a country without a constitution) ended Tuesday evening with the prosecution giving in to pressures from the Duma arson suspect’s attorneys who declared the state was in contempt of two consecutive court orders.

Earlier on Tuesday, according to the legal aid society Honenu, the State Prosecutor Shai Nitzan refused to let go of a suspect the Shabak had been keeping for more than a month, most of the time under incognito incarceration — defying an explicit court order.

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According to Honenu, after the Central District Court of Lod rejected the police appeal and ordered the release under house arrest of the suspect in the Duma arson case, who now no longer faces those charges but a 2-year-old case of assault against a Bedouin, the Shabak informed the suspect’s attorneys they had orders from “high up” not to release him.

After several hours, the suspect’s lawyers and family were informed by the prosecution that the latter are appealing his release before the Supreme Court.

The boy was interrogated for 29 days by the Shabak, and for twenty days was barred from meeting with an attorney or seeing a judge. It is alleged that he was interrogated with extreme physical means, with court approval, including violent shaking, hitting, head banging against the wall, stretching his head back until he vomited, and sleep deprivation for stretches of three days and more.

The District Court also rejected the appeal filed by the suspect, leaving in place the parole conditions ruled yesterday by the Magistrate’s Court in Petah Tikva, including house arrest and financial bail.

The appeal, signed by Avi Tivoni from the Nationalist Crime Unit in Judea and Samaria said that “after the State Attorney had studied today’s District Court’s decision, this request for a stay of execution is being filed under his direction, to allow us time for an appeal.”

According to Honenu, the entire time during which the State Attorney was deliberating its appeal to the high court, they had no grounds to hold on to the suspect other than sheer brute possession, turning them into de facto kidnappers.

The suspect’s lawyers, Hai Habar and Adi Keidar, of Honenu, said in a statement: “This is an earthquake. The state prosecutor believes he has the ability to change judicial decisions even after the court has risen from its seat. The state prosecutor and the police are now partners in an illegal arrest of a person after the same person has been accused for nearly a month of involvement in the Duma case, which turned out yesterday to be unfounded.

“We declare that any additional minute the detainee remains incarcerated under the power of that demand constitutes a contempt of court decisions, and when it comes from someone who heads the system that is responsible for obeying those decisions, the message to the public is extremely problematic, and joins the conduct of the prosecution as demonstrated in this case and scandals that have recently been published in the media.”

And so, after a very long month of baseless incarceration under the most blatant violations of his human rights, according to the suspect’s attorneys, he was free to go to his home arrest and await his trial on something he did as a minor, in 2013.

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12 COMMENTS

  1. Arutz Sheva: Groom, 3 others from 'extremist dance' wedding arrested.

    Quote: The Lubavitcher Rebbe to Arik Sharon:

    "the day will come when the Government of Israel will oppose Jewish People……. and will stand on the right hand side of the Arabs in the strife between them and Jewish People.”

    "At a different meeting I spoke to the Rebbe regarding settling the Old City of Jerusalem and Hebron. The Rebbe said to me words that sounded at that time so far from reality. He said that very serious things would take place at these places in the future. He added that in his opinion, the day will come when the Government of Israel will oppose Jewish People settling there, and will stand on the right hand side of the Arabs in the strife between them and Jewish People.” This talk took place about twenty six years ago. The words of the Rebbe at that time were so absolutely unreasonable and outside the realm of reality. And yet, behold, we see what distant vision he had! We see what is taking place before our very eyes!”

  2. The state of Israel must not make administrative detention of Jew, because the state of Israel is a Jewish state, so that it must not fight the Jews, and it must fight only the enemies of the Jews, which are the Arabs.

    The Palestinian Arabs (including the so called “Israeli Arabs” and the so called “Arab Members of the Knesset”) are making war against Israel, because they are killing or trying to kill the Jews, and intend to destroy Israel and try to steal the land of the Jews. It is written in the Torah, in Devarim (Deuteronomy) 20:10-18, that God commanded that, in the war, Israel kill all the enemies, without distinction between combatants and civilians. So, the state of Israel must kill all the Palestinian Arabs (including the so called “Israeli Arabs” and the so called “Arab Members of the Knesset”), without distinction between combatants and civilians. Note that the Palestinian Arabs are killing the Jews without distinction between combatants and civilians. If the Jews do not kill all the Palestinian Arabs, the Palestinian Arabs will kill all the Jews. The state of Israel must obey God, and fulfill His commandments that are in Devarim (Deuteronomy) 20:10-18. Therefore, the state of Israel must not punish the Jews who attack Palestinian Arabs, because they are doing what the state of Israel must do.

  3. When the prosecuition and Shabak violate Court decisions they should be jailed, fined and fired!!. The victims should be released immediately and compensated! Watch EXPOSE every Wednesday 10;00AM & 6:00PM New York time website broadcast go to bcat.tv scroll down to Community Media then click on Brooklyn Public Network then click on arrow in channel 2

  4. I smell a rat. The Shabak is competent. They can break an
    Arab terrorist in a couple of day's. Why have they not elicited a confession from these three young men, after 30 day's? Maybe, they are innocent. Maybe, the Shabak should be interrogating the Arab family who had a dispute with the victim. Maybe Shabak hired criminal elements to perform this crime, and dropped an investigation against the criminals. Does anyone remember Avishai Raviv, who wore a Nazi uniform and pretended to be a right winger?

  5. Exactly Mordecai, bibi is Pharoah, and he has ordered his henchmen to round up all the Jewish religious boys living in Judea and Shomron, because they believe the redeemer, i.e. Moshiach will come from there, and to kill them through torture, kidnappings, illegal arrests and gross violations of human rights in order to get rid of Moshiach. What a fool!

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