NOVANEWS
Israeli police officer, Jalal Aweida, testified at the Ofer Military Court on behalf of the prosecution today, as part of the on-going trial against Palestinian protest organizer, Bassem Tamimi.
Proceedings in the case against Bassem Tamimi, a Palestinian protest organizer from Nabi Saleh, resumed at the Ofer military court today, nearly ten months after his arrest and while he is still in detention. Police officer Jalal Aweida testified about the interrogation of 14 year-old Islam Dar Ayyoub, the main witness against Bassem Tamimi, which was conducted unlawfully and in severe violation of the boy’s rights. At the time, Aweida served as an officer in charge of interrogations at the Israeli police’s Judea and Samaria Central Unit
Media contact: Jonathan Pollak 00972-54-632-7736
When asked by the prosecutor what can he say about the fact the Dar Ayyoub told the court “I was afraid of Jalal, he banged on the table and signaled with his hands, which scared me”, Aweida answered, “[…] If I banged on the table it was not in order to intimidate. I’m sure it was done as a joke and while considering his age.”
When confronted by Tamimi’s lawyer, Adv. Labib Habib, with a recording of the interrogation showing him pounding his fist into his hand in front of the boy’s face and minutes later making threatening Karate-like gestures in front of him, Aweida started laughing and said, “It was a joke. I stand behind every word I said, it was a joke.”
Aweida was one of four interrogators who simultaneously questioned 14 year-old Islam Dar Ayyoub. The boy, who was questioned unlawfully and in violation of his rights, incriminated Tamimi of having allegedly told youth in the village to throw stones during the weekly demonstrations in Nabi Saleh.
The law requires that minors be interrogated only by certified youth interrogators. However, only one out of four policemen involved in the boy’s questioning was a qualified youth interrogator. The video recordings of Islam Dar Ayyoub’s interrogation show that he was not properly informed of his right to remain silent, as the law requires. Instead, he was told, “We want only the truth, you must tell us everything that happened.”
Legal background
On March 24th, 2011, dozens of Israeli Soldiers raided the Tamimi home at around noon, only minutes after Bassem Tamimi entered the house to prepare for a meeting with a European diplomat. He was arrested and subsequently charged.
The main evidence in Tamimi’s case is the testimony of 14 year-old Islam Dar Ayyoub, also from Nabi Saleh, who was taken from his bed at gunpoint on the night of January 23rd. In his interrogation the morning after his arrest, Islam alleged that Bassem and Naji Tamimi organized groups of youth into “brigades”, charged with different responsibilities during the demonstrations: some were allegedly in charge of stone-throwing, others of blocking roads, etc.
During a trial-within-a-trial procedure in Islam’s trial, motioning for his testimony to be ruled inadmissible, it was proven that his interrogation was fundamentally flawed and violated the rights set forth in the Israeli Youth Law in the following ways:
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Despite being a minor, he was questioned in the morning following his arrest, having been denied sleep.
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He was denied legal counsel, although his lawyer appeared at the police station requesting to see him.
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He was denied his right to have a parent present during his questioning.
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He was not informed of his right to remain silent, and was even told by his interrogators that he is “expected to tell the truth”.
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Only one of four interrogators present was a qualified youth interrogator.