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Court Slams Cops for Holding Minors in Cuffs Overnight

Laws stipulates that minors cannot be questioned at night without the explicit approval of an authorized officer, and even that, only in exceptional cases.

A Tel Aviv District Court judge released two minors from detention last week, criticizing the conditions in which they were held. The two 15­­-year-olds, who were suspected of breaking into cars, were arrested at 2 A.M. They claimed that on arrival at the Bat Yam police station their hands and feet were cuffed, and that they were left sitting for eight hours in a room with an investigator, before their questioning began.
The law regulating interrogation of juveniles stipulates that they cannot be questioned at night without the written and explicit approval of an authorized officer, and even that, only in exceptional cases. Furthermore, they are to be held in separate juvenile facilities, not at police stations. After their questioning, police requested a five-day extension of their detention.
Magistrate Court Justice Noam Shilo ordered a one-day extension but thought it was unreasonable to transfer them elsewhere in the middle of the night when their questioning was to begin at that station in the morning. Shilo argued that the law is ridden with regulations which often impede police investigations.
The juveniles’ public defenders appealed and Magistrate Court Justice Michal Agmon-Gonen agreed, ordering the youths’ release. She criticized police conduct as well as Justice Shilo’s decision.
“Not only was time not saved and regulations broken, but the public was ill served since it’s doubtful whether confessions obtained after sleep deprivation will be admissible,” said Agmon-Gonen, adding that it was “an outright violation of the law to leave them cuffed all night.”
She added that “In violation of the law, the two were held at a police station... There was no hindrance to taking them to a juvenile detention facility, as stipulated by law, allowing them to sleep before their interrogation.”
Regarding Justice Shilo, Agmon-Gonen wrote that “the law was meant to protect minors. Even if he thought it unreasonable to take them to a juvenile facility at 2 A.M., that’s what the law required. If the police failed to do so, this should be reflected in the court’s ruling.”
She ordered her decision to be transferred to Tel Aviv’s police chief so he can look into procedures at that station.
The police commented that “the two were arrested during a break-in. Several preliminary investigative steps were taken. We’ll examine the delay in their interrogation and study the court’s decision.”

Sharon Pulwer
Haaretz Correspondent

read more: http://www.haaretz.com/israel-news/.premium-1.737931Schermata 2016 08 22 alle 10.05.37

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The Temple Mount was temporarily closed to Jewish visitors on Wednesday at the order of Jerusalem District Commander Yoram Halevy after Jews broke visitation rules at the holy site, police said. The Jewish visitors were expelled from the compound for bringing sacred books to the Mount and trying to pray there. After one of the individuals was cautioned, another took out a holy book, and the group was expelled. Meanwhile, renewed clashes erupted between protesters and Israeli security forces near the Lion's Gate in the Old City, where police used stun grenades against the demonstrators. A regular dynamic has developed involving clashes between Palestinians and Israel Police over the past several days near the Lion's Gate. Dozens of Palestinians are present at the site on a regular basis, urging devotion to the Al-Aqsa Mosque on the Temple Mount and condemning Israel. During Muslim prayer times, particularly the midday and nighttime prayers, hundreds and sometimes even thousands have been gathering there.

There have been outbreaks of violence during these periods, including stone-throwing or physical confrontations with the police. In most of these incidents, the police have been using stun grenades and sponge-tipped bullets to disperse the crowds. In a number of cases, journalists in the area have also suffered violence at the hands of the police. On Tuesday, Hassan Shaalan, a reporter for the Ynet news website, was struck by a policeman even after he identified himself as a member of the press. A group of Jerusalem-based journalists released a statement of condemnation over the incident and called on the police to permit reporters to do their jobs. The Jerusalem Police responded: "This involved an incident that took place in the course of violent disturbances of the peace that occurred in Jerusalem while the police were acting to remove the demonstrators from the street after some of them refused to vacate. The forces working on the scene are under constant threat to their lives. http://www.haaretz.com/israel-news/1.802141

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