Abu-Tir to remain in custody

Senior Hamas figure, arrested for refusing to stay away from Jerusalem, fails to pay bail of NIS 350,000

Shmulik Grossman |Published: 07.18.10 , 13:08

Senior Hamas figure Muhammad Abu-Tir will remain in custody until the completion of the criminal proceedings against him, after refusing to deposit NIS 350,000 (about $90,900), the Jerusalem Magistrate's Court ruled Sunday.

Abu-Tir, who was released from prison a month and a half ago after four years, is accused of residing in Israel illegally for rejecting a Shin Bet demand to leave his hometown of Jerusalem.

The court demanded that Abu-Tir deposit a third-party bail of NIS 200,000 ($51,900), NIS 100,000 in self-bail ($26,000) and NIS 50,000 ($13,000) in cash.

Abu-Tir's lawyer, Attorney Osama Saadi, said the entire procedure presented to the court was unclear. "We made a long claim and the court failed to accept our stand. I believe this decision is wrong. It's unthinkable that Abu-Tir should agree to be deported from his home and deposit NIS 350,000."

According to the lawyer, the ruling does not pass the test used by the court in such cases. "They keep on saying that they fear he will escape justice," he added, claiming that this fear was unfounded, as Abu-Tir has been fighting for his right to remain in Jerusalem and had no plans to leave the country.

Judge Shulamit Dotan explained that "the provision of law ruling that the matter of a prisoner who failed to meet the conditions after being released on bail will be re-discussed in the same court which set the conditions is aimed at examining that person's ability to meet the conditions, as not all reasons may have been considered."

In this case, she added, there is no room to change the conditions decided on in the original ruling, as Abu-Tir is not interested in fulfilling them.

Abu-Tir's lawyer said he would consider appealing the matter with a higher court.