Police Blasted for Holding Leftists in Jail, Despite Lack of Proof Dead Palestinian Was Murdered

[Israeli]

Over two weeks after beginning of the investigation, court orders police to free Ezra Nawi and Guy Butavia to house arrest, as police still haven't managed to discover the cause of death.

Nir Hasson Jan 24, 2016 5:10 PM

A Jerusalem court ordered police to release Israeli leftist activists Ezra Nawi and Guy Butavia to house arrest on Sunday, severely criticizing investigators for not clarifying the circumstances surrounding the death of a Palestinian land dealer in which the two were allegedly involved, even though over two weeks have passed since the initial arrest.

The police have asked the Jerusalem Magistrate's Court for time to appeal the decision, and Judge David Shaul Gabai Richter allowed them two hours to file the appeal. 
The police investigation against Nawi and Butavia, which was sparked by a report on the investigative television program “Uvda,” found that about 18 months ago, Nawi disclosed information about a land swap between a Palestinian resident of the South Hebron Hills, referred to in court documents as Abu Khalil, and a settler referred to as Yonatan. The information was given to a relative of Abu Khalil’s who was liable to be harmed by the deal, but as far as is known, it was never given to the Palestinian Authority. Shortly thereafter, Abu Khalil died. 

Nawi was arrested over two weeks ago and Butavia was arrested last week. The charges the police have presented in court against Nawi include a number of offenses, including accessory to manslaughter, conspiracy in attempted murder in the deaths of Palestinians who sold land to Jews, contact with and passing information to a foreign agent, transporting an individual in Israel without a permit, conspiracy to commit a crime, possession of a knife or brass knuckles, and drug possession for personal use. The fraud charge was added to the list last week.

Over two weeks after the beginning of the investigation and Nawi's arrest, the police still haven't managed to discover the cause of death.
The judge said police have presented him with no further evidence to support the charges than what he was presented with at the hearing last week, and said that he was "especially irked" by the fact that there was no new information on the circumstances of the death, in which Nawi  is suspected of involvement. The judge said this missing information is significant and fundamental in the case, and without which a proper investigation cannot be conducted and the remand could not be extended.

Continued @: http://www.haaretz.com/israel-news/.premium-1.699207

[azurnoir]

1. and this Israeli police smuggle Palestinian suspect out of the country (when ordered to release him)

Nasser was arrested in the West Bank by Israeli soldiers on suspicion of filing a complaint to the Palestinian police about another Palestinian. The soldiers hand him over to Israeli police, who take him from the West Bank to Israel. There, a Jerusalem Magistrate’s Court judge rules that the court doesn’t have jurisdiction over Palestinians, and orders him released unconditionally. The police appeal the judge’s decision, but the Jerusalem District Court also rules that it doesn’t have jurisdiction, and once again orders the police to release the man unconditionally.

The Israeli police ignore the Israeli court’s decision, take the Palestinian man outside Israel’s sovereign borders and bring him to the Ofer Military Court in the occupied West Bank. There, Israeli authorities ask a military judge (who is actually a major in the army) to extend the Palestinian man’s remand. The man’s lawyer is not present this time. She is still back in Israel, in Jerusalem, busy filing an emergency petition to hold the police in contempt of court.

Nasser Nawaj’ah explains to the military court that all he did was to report to the Palestinian police a Palestinian man who he thought was trying to harm him, and that he doesn’t understand why that could possibly be illegal.

All of this happened while two other arrestees in the same case, suspected of the same crimes, and who happen to be Jewish, are processed though an entirely different legal system.

http://972mag.com/israeli-police-smuggle-palestinian-suspect-out-of-the-country/116167/

[Israeli]

3. Latest azurnoir......

Military court orders release of jailed B’Tselem activist

Tribunal finds police investigation wasn’t proceeding, and wasn’t clear whether Nawaj’ah threatened Palestinians who tried to sell land to Israelis

BY TIMES OF ISRAEL STAFF January 25, 2016, 6:19 am

An Israeli military court on Sunday ordered the release of a B’Tselem investigator who was arrested last year for alleged attempted murder and contact with a foreign agent.

The tribunal ruled that the police investigation wasn’t moving forward and it wasn’t clear whether Nasser Nawaj’ah had threatened a Palestinian who asked to sell land to settlers, Haaretz reported. It ordered Nawaj’ah’s restricted release, but delayed it by 24 hours to permit a police appeal.

Nawajah, a senior activist in the human rights group B’Tselem, was arrested last week near the West Bank village of Susya, south of Hebron.

On Thursday, the Jerusalem District Court granted an unconditional release Nawaj’ah, but the police asked to delay setting Nasser Nawaj’ah free in order to appeal the decision.

The court ruled that Israel does not have authority to handle Nawaj’ah’s case because he is a Palestinian, and police have until 10:00 a.m. Friday morning to file the appeal, the Walla news site reported.

Police told the lawyer for B’Tselem field worker Nawaj’ah that he was transferred to Ofer military prison, where he was remanded in custody.

“The court accepted our position that my client’s arrest was a false arrest, since Israeli courts have no jurisdiction in the matter,” attorney Gaby Lasky said in a statement posted to B’Tselem’s website. “This is the second instance that has ordered his unconditional release. The police are intent on continuing the pressure on human rights activists under arrest.”


Source: http://www.timesofisrael.com/military-court-orders-release-of-jailed-btselem-activist/

[azurnoir]

4. seems like a "see what we can do" exercise in intimidation

[Israeli]

5. B'Tselem Press release.........

B'Tselem field researcher Nasser Nawaj’ah released after six day arrest

Published: 25 Jan 2016

Judge finds that authorities failed to produce sufficient evidence that Nawaj’ah endangered a land dealer

Ofer Military Court yesterday (Jan. 24, 2016) ordered the release of B'Tselem field researcher Nasser Nawaj’ah, who was arrested on the night between Tuesday and Wednesday (Jan. 20, 2016). However, the judge delayed the execution of his decision for 24 hours in order to allow the police to appeal. The police announced this afternoon it will not pursue an appeal, which clears the way for his release in the coming hours.

Military Judge Major Rani ‘Amer wrote in his decision that “it has not been clarified sufficiently, and on the basis of evidence, how the actions of the suspect before me actually endangered the said Israeli resident who ostensibly acted to sell the land of Palestinians.” The judge also rejected the police claims that Nawaj’ah presented a threat and was liable to disrupt the investigation.

During the hearing at Ofer Military Court, counsel for the police, Sergeant Major Avi Tivoni, responded to questions from Nawaj’ah’s counsel, Attorney Gaby Lasky. Tivoni admitted to the court that the suspicions relate to events that ostensibly occurred about one year ago, and that the land dealer who was allegedly threatened, according to the “Uvda” television program, is an Israeli resident who lives within Israel with his wife and children and who did not complain to the police about the matter at the time. Responding to a question from Attorney Lasky, Tivoni confirmed that a Palestinian resident who wishes to approach the law-enforcement authorities on a matter concerning a Palestinian in the Occupied Territories is indeed supposed to turn to the Palestinian authorities. Counsel for the police further confirmed that the application for detention does not suspect Nawaj’ah of offenses relating to the death of the Palestinian known as “Abu Khalil” – the other incident presented in the “Uvda” broadcast.

Later in the hearing, the judge asked counsel for the police whether the investigators have any evidence concerning what – if anything – is done to an Israeli resident whose name is transferred to the Palestinian Authority on suspicion of selling land. Counsel for the police admitted that he did not know and that the investigation has not yielded any information on this matter. Attorney Lasky stated: “My friend’s reply to the Court’s question is nothing less than amazing. According to this reply, there is no evidence that there is even an offense. What my friend is seeking to do is to detain people in order to set out on a fishing expedition in order to examine what might possibly be the fate of a person if he were transferred to the Palestinian Authority. From the standpoint of a proper investigation, it should first have been substantiated what happens when someone is transferred to the Palestinian Authority.”

B'Tselem expressed satisfaction with the court’s finding that the investigative material does not include evidence suggesting that a complaint to the Palestinian Authority regarding suspicion of the sale of land leads to injury or endangers a land dealer. This contradicts the claim made in the “Uvda” report, on the basis of an investigation funded in part by the extreme-right wing organization the Samaria Settlers’ Committee. It would seem that a political investigation that seeks only to incriminate and entrap left-wing and human rights activists by the use of self-appointed secret police has driven itself into the brick wall of reality. We will continue to work until Nasser's full acquittal.

Source: http://www.btselem.org/press_releases/20160125_military_court_orders_the_release_of_btselem_worker

[Little Tich]

2. This case is becoming slightly bizarre.

I guess this is what happens when the judicial arm of government is compromised by meddling politicians...