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“Cover up”: Documents in the Kfar Duma case disappeared

Wednesday, November 2, 2016, 10:48 The trial of a youth who was investigated in the Kfar Duma case, and in the end accused of involvement with a different incident, has given an indication of what is likely to occur in the trials of the other defendants in the case. For several months Honenu Attorney Sinaiya Moses-Harizi, who is representing the youth, has repeatedly asked to receive various documents in the investigative case which have not yet been transferred to her. Sometime during the next few days the Jerusalem District Court is expected to make a decision on the requests. The youth was interrogated for approximately one month in ISA facilities where he was subjected to being shaken and other severe violence. In the end it became clear beyond any doubt that he was not connected to the Kfar Duma incident and was instead accused of assaulting an Arab during a clash in the Binyamin region two years previously. In the framework of handling the proceedings Moses-Harizi asked to receive all of the documents that were the basis for serving the defendant with orders prohibiting him from meeting with an attorney. Moses-Harizi also asked to receive all of the investigative material from the interrogations in the ISA facilities. At a deliberation held during the week of Sunday, October 23, the Attorney General’s office formally declared that some of the documents from the investigation “disappeared” and that various inquiries did not lead to locating them. Concerning other documents, the Attorney General’s office objected to transferring them to Moses-Harizi. The court will be obligated to decide on the matter. “Surprisingly the transfer of the material in the case has dragged on for approximately 10 months. What is more serious, is that it has become clear that some of the material connected with prohibiting meeting with an attorney has completely disappeared and the court has given this answer as a final response on the matter.” said Honenu Attorney Moses-Harizi, who is representing the youth. “Concerning the documents which prima facie documented the permission to use unusual means during the interrogation, as was openly publicized by ISA spokespeople, an attempt was made to avoid the subject by giving vague answers. The State is avoiding confirming the existence of these documents and what they deal with. In the coming days the [Jerusalem] District Court is expected to make a decision on these issues,” said Honenu Attorney Moses-Harizi. Honenu is of the opinion that the conduct of the Attorney General’s office indicates an attempt to cover up the methods of interrogation of the detainees in this case, which included misleading the courts and use of torture, and states that, “The disappearance of the documents in the Kfar Duma case is not surprising and indicates an attempt to cover up the severe torture that the all of the detainees suffered and which led them to make admissions which have no validity.” Honenu also notes that it appears that this is a prelude to a cover up by the Attorney General’s office and the handling of the defendants in the Kfar Duma arson case itself. “Some of the documents which ‘disappeared’, shed light on the evidence presented by the ISA interrogators to the courts, evidence which in the end turned out to be mendacious. We see for ourselves that the involvement of the defendant in the Kfar Duma incident was ruled out beyond any doubt.”

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