July 19, 2002

At the Jerusalem District Court (Panel)

State of Israel - The Prosecutor
- Versus -
Nasser (Bin Mohammed Yusuf) Naji Abu-Hamid - The Defendant

ID: 2-92391888
Born: November 17, 1971
Al-Amari Refugee Camp, Ramallah

A. The Facts

1. At the beginning of the outbreak of the violent incidents brought on by Palestinian elements at the end of September 2000, referred to by these elements as the "Al-Aqsa Intifada," the Defendant served as a member of the leadership of the youth movement of the "Fatah" (the "Shabiba") in Ramallah. In this capacity, the Defendant assisted in organizing protest demonstrations, inter alia against the visit of (then) MK Ariel Sharon to the Temple Mount in Jerusalem.

2. Through the end of 2000, the Defendant commanded a large number of Palestinian activists, and perpetrated several shooting attacks against Israeli targets, the frequency of which was determined by the quantity of ammunition he obtained. As a result of these actions, which included the actions described in Charges 1 - 5 below, the Defendant gained tremendous support from the Palestinian public.

3. At the end of December 2000, as the result of the killing of one of his friends during the execution of the shooting attack described in Charge 5 below, the Defendant decided to divide the activists in the organization he commanded into small units. The units were instructed to receive his authorization for the execution of any terrorist action against the State of Israel.

4. On January 1, 2001, the Defendant participated in a demonstration in Ramallah to commemorate the establishment of the Fatah. During this demonstration, the Defendant marched at the head of a band of his supporters, mounted the podium and called for the conflict against Israel to be transformed into an armed struggle for the establishment of a Palestinian state with Jerusalem as its capital. On the same occasion, the Defendant announced the establishment of a new organization, which he dubbed the "Al-Aqsa Martyrs Brigades" (hereinafter "the Organization").

5. After the Organization began to expand its operations in the West Bank and to acquire substantial power among the Palestinian population, the Defendant was contacted by several elements in the Palestinian Authority (hereinafter "the PA"), including Tawfiq Tirawi, the head of the General Intelligence in the West Bank, who invited the Defendant to join his organization. The Defendant declined this offer, but decided that it would be preferable for him to align himself with Marwan Barghouti, who at the time headed the "Tanzim" in the West Bank (a "terrorist organization" as defined in the Prevention of Terrorism Ordinance). The Defendant customarily supported Marwan Barghouti's opinions in meetings in which he took place alongside other leaders of the Tanzim in the West Bank. In addition, the Defendant honored Barghouti by providing an armed ceremonial guard of five of the activists he commanded, who accompanied Marwan Barghouti when he marched alongside the PA leadership in demonstrations.

6. In return for the Defendant's support, Marwan Barghouti financed the Organization's activities and promised that a special residential neighborhood would be built in the future for the Defendant's activists. Marwan Barghouti also supplied the Defendant with ammunitions and weapons for the purpose of executing attacks against Israelis as described in Charge 9 below.

7. In April 2001, the Defendant decided to instruct his activists to execute shooting attacks on the by-pass routes in the areas of Judea and Samaria used by Israeli citizens. This decision was taken by the Defendant both as the result of the growing number of cases in which his activists were injured by return fire from IDF soldiers, and as the result of pressure applied on him by senior PA officials, who preferred that his Organization's operations take place outside the Palestinian autonomy areas.

8. At the beginning of 2002, the head of the Tanzim in Tulkarm, Ra'ad Karmi, was killed as the result of an IDF operation. As a result, the Defendant and his friends in the Organization decided to change their methods of operation. To this end, the Defendant acted to execute suicide attacks of the type described in Charges 8, 10 and 12.

9. The Defendant's actions in the Organization were halted with his arrest on April 21, 2002 during "Operation Defensive Shield."

10. In his actions as described above, the Defendant participated in the decision making of a terrorist organization.

B. The legislative provision in accordance with which the Defendant is indicted

Activity in a terrorist organization - an offense in accordance with Section 2 of the Prevention of Terrorism Ordinance, 5708-1948.

A. The Facts

1. Several days after the outbreak of the Al-Aqsa Intifada, in October 2002, the Defendant participated in a violent demonstration in the Al-Balu'a district of Ramallah, during the course of which Tha'ir Ali Auda, age 12, was shot and killed. The Defendant decided to react to the death of Tha'ir Ali Auda by executing a terrorist attack, and to this end equipped himself with an "M16" rifle, a flack-jacket and 10 magazines of bullets.

2. Together with other Palestinian terror activists, the Defendant shot at an IDF position adjacent to the City Inn Hotel in Ramallah, with the intention of killing IDF soldiers.

3. In his actions as described above, the Defendant unlawfully attempted to cause the death of another, and unlawfully bore weapons.

B. The legislative provisions in accordance with which the Defendant is charged

Attempted Murder - an offense in accordance with Section 305(1) of the Penal Code, 5737-1977 (hereinafter "the Code").

Unlawful Bearing of Weapons - an offense in accordance with Section 144(B) of the Code.

A. The Facts

1. In December 2001, on a precise date not known to the Prosecutor, a terror activist under the Defendant's command, Ahmad Ghandour, requested authorization from the Defendant to execute a shooting attack.

2. The Defendant authorized the operation and equipped Ahmad Ghandour with a Kalashnikov rifle. The Defendant asked Ghandour to inform him of the results of the attack.

3. On December 21, 2000, at or about 20:30, Ahmad Ghandour, together with additional activists, fired at the car of the late Eliyahu Cohen, who was traveling on Road No. 443 near Giv'at Ze'ev.

4. As the result of the shooting, Eliyahu Cohen was killed on the site from grave injuries to the heart sustained from the passage of a bullet through his chest.

5. In his actions as described above, the Defendant conspired to commit murder and willfully caused the death of another.

B. The legislative provisions in accordance with which the Defendant is charged

Murder - an offense in accordance with Section 300(A)(2) of the Code.

Conspiracy to Commit Murder - an offense in accordance with Section 499(A)(1) of the Code.

Unlawful Bearing of Weapons - an offense in accordance with Section 144(B) of the Code.

1. Towards the end of December 2000, Ahmad Ghandour contacted the Defendant and informed him of his intention to execute another shooting attack.

2. The Defendant gave Ghandour his personal weapon, a Kalashnikov, and two magazines full of bullets in order to execute the attack.

3. On December 31, 2000, at or about 06:30, on Road No. 60 adjacent to the settlement of Ofra, together with three others, Ghandour fired using the weapon received from the Defendant at the vehicle in which the late Binyamin and Talia Kahane were traveling with their five daughters - Beitiya, Yehudit, Zvia, Rivka and Shlomzion.

4. As the result of the shooting, the Kahane couple were killed on the site due to damage caused by the passage of bullets through their heads and injuries sustained due to their vehicle colliding with rocks at the roadside.

5. In his actions as described above, the Defendant conspired to commit murder and willfully caused the death of Binyamin and Talia Kahane. In addition, the Defendant unlawfully attempted to cause the death of Beitiya, Yehudit, Zvia, Rivka and Shlomzion Kahane, and he unlawfully bore weapons.

B. The legislative provisions in accordance with which the Defendant is charged

Murder - an offense in accordance with Section 300(A)(2) of the Code.

Attempted Murder - an offense in accordance with Section 305(1) of the Code (5 offenses).

Unlawful Bearing of Weapons - an offense in accordance with Section 144(B) of the Code.

Conspiracy to Commit Murder - an offense in accordance with Section 499(A)(1) of the Code.

1. In December 2000, on a precise date not known to the Prosecutor, in Ramallah, the Defendant, together with Mahmud Amwasi, Nader "Halum" Abu Hamid and other friends, shot at the Israeli military camp Ofer.

2. The Defendant shot at Ofer camp with the intention of killing IDF soldiers.

3. Immediately after the Defendant and his friends opened fire, the IDF soldiers responded with heavy fire. As a result thereof, Mahmud Amwasi was killed.

4. In his actions as described above, the Defendant unlawfully attempted to cause the death of another and unlawfully bore weapons.

B. The legislative provisions in accordance with which the Defendant is charged

Attempted Murder - an offense in accordance with Section 305(1) of the Code (5 offenses).

Unlawful Bearing of Weapons - an offense in accordance with Section 144(B) of the Code.

1. In February 2001, on a precise date not known to the Prosecutor, Jad Ma'alaa contacted the Defendant and requested his assistance in securing an explosive device to be placed in a public place in Jerusalem.

2. The Defendant asked Jad Ma'alaa to prepare a plan for the execution of the attack and to state a specific target.

3. Several days later, Jad Ma'alaa informed the Defendant that he had located suitable sites for execution of the attack. The Defendant contacted his friend, Muhand Abu-Hilwe, and asked him to obtain a large explosive device since he intended to execute an attack in the form of a roadside bomb.

4. For the purpose of executing the attack, Muhand Abu-Hilwe stole explosives from the storerooms of "Force 17" in Ramallah and transferred these to the Defendant, who placed them in the trunk of his car.

5. Several days later, Jad Ma'alaa met the Defendant with two additional terror activists - Ziad Wahdan and Mahmud Matayer. The activists met the Defendant in an abandoned building in Ramallah and presented him with possible plans for the execution of an attack.

6. The Defendant decided that the attack should take place against a military GMC truck used to transport IDF officers on a dirt track leading to the Central Command camp in Neve Ya'akov.

7. As they sat in the abandoned building, the Defendant assembled the device in the presence of the activists and instructed them in the manner of its activation. In assembling the device, the Defendant employed a method which, he claims, he developed and which enables remote activation of the device.

8. The Defendant instructed the activists to carry out the attack the next morning, and to this end to present themselves to him in order to receive the device.

9. The attack was prevented as the result of the arrest of Ziad and Mahmud by the Israeli security forces.

10. In his actions as described above, the Defendant conspired with Ziad Wahdan and Mahmud Matayer to commit the offense of murder. In addition, the Defendant unlawfully manufactured weapons.

B. The legislative provisions in accordance with which the Defendant is charged

Conspiracy to Commit Murder - an offense in accordance with Section 499(A)(1) of the Code.

Unlawful Manufacture of Weapons - an offense in accordance with Section 144(B2) of the Code.

1. At the beginning of May 2001, Sa'ad A-Din Jaber, age 23, contacted the Defendant and requested his authorization to carry out an attack using an explosive device.

2. Sa'ad A-Din Jaber proposed to the Defendant that the device be placed at a café in Jerusalem, at 25 Hillel Street, by the name of Biancini with which he was acquainted. Sa'ad A-Din drew a diagram of the location and the seating areas for the Defendant and asked the Defendant to describe the environs of the café and the access thereto. In addition, the Defendant asked Sa'ad A-Din to arrange for himself a driver with an Israeli identity card to take Sa'ad A-Din to the place of execution of the attack.

3. On Friday evening, May 18, 2001, in Ramallah, the Defendant delivered to Sa'ad A-Din a device which he manufactured from a fire extinguisher filled with explosives, to which he attached a clock and an electric activation mechanism. The Defendant added approximately 50 5.56 mm rifle bullets to the extinguisher in order to intensify the lethal strength of the device.

4. The Defendant instructed Sa'ad A-Din as to the activation of the device, and after Ahmad Shahin, who agreed to serve as the driver for Sa'ad A-Din, arrived, the Defendant sent the two men to execute the attack.

5. Sa'ad A-Din Jaber and Ahmad Shahin reached the Biancini café in the late hours of the night, when the place was full. A few hours later, Sa'ad A-Din activated the delay mechanism of the device in order that this would explode a few minutes later, and left it behind a sofa in the café.

6. The attack was thwarted since the device was discovered by the owner of the premises, and since the security forces were called to the site and performed a controlled explosion.

7. In his actions as described above, the Defendant conspired to commit the offense of murder, and unlawfully attempted to cause the death of a large number of persons. In addition, he unlawfully manufactured weapons.

B. The legislative provisions in accordance with which the Defendant is charged

Attempted Murder - an offense in accordance with Section 305(1) of the Code.

Unlawful Manufacture of Weapons - an offense in accordance with Section 144(2B) of the Code.

Conspiracy to Commit Murder - an offense in accordance with Section 499(A)(1) of the Code.

1. At the beginning of January 2002, immediately after the attack on Ra'ad Carmi, the head of the Tanzim in Tulkarm, the Defendant decided, after a discussion with other terror activists in the Judea and Samaria area, that it was necessary to execute "higher quality" attacks including, inter alia, the use of suicide attackers.

2. During the same period, at a date not known to the Prosecutor, Muhand Abu-Hilwe approached the Defendant and informed him that he was directing three persons who were interested in executing a suicide attack (hereinafter "the Attackers").

3. The Defendant invited Muhand Abu-Hilwe and the three Attackers to his home in Ramallah and decided that they would execute a shooting attack on the IDF roadblock in Kalandia. The Defendant added that they must attack the three manned positions at the roadblock. The Defendant filmed the Attackers on video as they read a leaflet he had prepared in advance.

4. The attack was prevented since one of the Attackers changed his mind and failed to appear to implement the plan.

5. In his actions as described above, the Defendant conspired to commit the offense of murder.

B. The legislative provisions in accordance with which the Defendant is charged

Conspiracy to Commit Murder - an offense in accordance with Section 499(A)(1) of the Code.

1. At the beginning of 2002, Marwan Barghouti delivered a mortar launcher and 5 mortar shells to the Defendant.

2. The Defendant decided that he would attempt, together with Muhand Abu-Hilwe, to fire the mortar shells towards the settlement of Psagot.

3. After several unsuccessful attempts to activate the mortar launcher, the Defendant managed to fire a shell towards Psagot. The Defendant heard a loud explosion but was unable to identify the point of impact of the shell.

4. The Defendant reported to Marwan Barghouti on his attempt to attack the settlement of Psagot, and the latter demanded that he not inform any person thereof, due to his fear of the reaction of PA Chairman Yasser Arafat.

5. Two days later, the Defendant and Muhand used the mortar launcher again, this time in order to launch an IDF mortar shell towards the settlement of Psagot. When it emerged that the diameter of the mortar launcher was greater than the diameter of the DF shell, the two men wrapped the shell in adhesive tape. The two men fired the mortar shell towards the settlement, and as it impacted they heard a tremendous explosion.

6. The Defendant executed the actions described above with the intention of killing a person.

7. In his actions as described above, the Defendant conspired to commit murder, and unlawfully attempted to cause the death of persons. In addition, he unlawfully manufactured weapons.

B. The legislative provisions in accordance with which the Defendant is charged

Attempted Murder - an offense in accordance with Section 305(1) of the Code.

Unlawful Bearing of Weapons - an offense in accordance with Section 144(B) of the Code.

Conspiracy to Commit Murder - an offense in accordance with Section 499(A)(1) of the Code.

1. At the end of February 2002, Abd al Karim Aweis introduced the Defendant to a man by the name of Ghassan Satiti, age 23, whom he claimed wished to execute a suicide attack within the Green Line.

2. The Defendant showed Abd al Karim a device he had manufactured; the two men agreed that Ghassan would carry the device in a backpack and explode himself beside the target of the attack.

3. The next day, after preparing the device and briefing Ghassan as to its activation, the Defendant parted from the executors of the attack, Muhand Abu-Hilwe, Abd al Karim and Ghassan, asking them to update him as to the result of the attack.

4. The attack did not materialize since the perpetrators noticed an IDF roadblock and were concerned that they might be arrested.

5. The next morning, the Israel Air Force attacked the car in which Muhand Abu-Hilwe was traveling and killed him. As the result thereof, the Defendant and other persons decided to respond with a further attempt to send Ghassan to carry out an attack.

6. The Defendant met Abd al Karim Aweis at the central bus station in Ramallah, where he delivered the device noted in para. 2 above. Aweis told the Defendant that he would make sure that the attack would be executed.

7. The attack was thwarted since Ghassan was concerned by IDF soldiers he noticed at A-Ram roadblock, and after Ghassan fled from the site, abandoning the device.

8. In his actions as described above, the Defendant conspired to commit murder, and unlawfully attempted to cause the death of a person. In addition, he unlawfully bore weapons.

B. The legislative provisions in accordance with which the Defendant is charged

Attempted Murder - an offense in accordance with Section 305(1) of the Code.

Unlawful Bearing of Weapons - an offense in accordance with Section 144(B) of the Code.

Conspiracy to Commit Murder - an offense in accordance with Section 499(A)(1) of the Code.

1. At the end of February 2002, a terror activist by the name of Majid Hashem contacted the Defendant and asked him to help him execute a terrorist attack at the Bashkevitz factory in Atarot, where he was employed.

2. The Defendant agreed to Majid's request and called his cousin, Ramzi Barash, and an additional terror activist by the name of Haitham, age 21, asking them to execute the attack together with Majid Hashem.

3. The Defendant met with Majid, Ramzi and Haitham (hereinafter "the Attackers") and explained to them that they must first shoot at the security guard at the factory and neutralize him, and then shoot any person who crossed their path.

4. The Defendant gave each of the Attackers a pistol, and on February 27, 2002, in the early hours of the morning, he instructed them to execute the attack.

5. Close to 07:00, Haitham telephoned the Defendant and informed him that he and his two friends had reached the factory. The Defendant instructed Haitham to execute the attack.

6. One of the Attackers entered the office of the factory owner, the late Gad Rejwan, and shot at him several times. Gad Rejwan was killed on the site from damage caused to him as the result of the shooting.

7. Immediately after the incident, the Attackers fled from the site and visited the Defendant at his home in Ramallah, where they reported to him on the act of murder and returned the pistols.

8. In his actions as described above, the Defendant conspired to commit the offense of murder, and willfully caused the death of a person. In addition, he unlawfully bore weapons.

B. The legislative provisions in accordance with which the Defendant is charged

Murder - an offense in accordance with Section 300(A)(2) of the Code.

Unlawful Bearing of Weapons - an offense in accordance with Section 144(B) of the Code.

Conspiracy to Commit Murder - an offense in accordance with Section 499(A)(1) of the Code.

1. On March 4, 2002, the Defendant met his brothers Sharif and Halum and two additional terror activists (hereinafter "the Attackers") close to his home in Ramallah. The Attackers informed the Defendant that they intended to send an attacker to execute a shooting attack within the Green Line.

2. The Defendant asked the Attackers if they required assistance, and in response they stated that they were looking for hand grenades and bullets suitable for an M16-type rifle.

3. The Defendant went home and there removed from his combat gear two magazines filled with bullets, as well as a hand grenade, which he gave to the Attackers. The Defendant asked the Attackers to report to him regarding the results of the planned attack.

4. In the early hours of March 5, 2002, having been dispatched by the Attackers and equipped, among other items, with the ammunition supplied by the Defendant, a man by the name of Ibrahim Hasouna carried out a shooting attack directed at the Sea Food Market restaurant, from the Eagle Bridge above Petach Tikva Road in Tel Aviv. Hasouna threw the hand grenade that he had received from the Defendant at the restaurant, but it failed to explode. Due to a stoppage that occurred in his firearm during the attack, Hasouna pulled out a commando knife and stabbed three passers-by to death - the late Yosef Habi, Eli Dahan and policeman Salim Barakat. As a result of the shooting, a large number of additional passers-by were injured.

5. In his actions described above, the Defendant conspired to commit the offense of murder, and willfully caused the death of a person. In addition, he unlawfully attempted to cause the death of a person and unlawfully bore weapons.

B. The legislative provisions in accordance with which the Defendant is charged

Murder - an offense in accordance with Section 300(A)(2) of the Code.

Attempted Murder - an offense in accordance with Section 305(1) of the Code

Unlawful Bearing of Weapons - an offense in accordance with Section 144(B) of the Code.

Conspiracy to Commit Murder - an offense in accordance with Section 499(A)(1) of the Code.

1. Shortly after the beginning of Operation Defensive Shield, upon the entrance of IDF tanks to Ramallah, the Defendant fired an RPG grenade at an Israeli tank.

2. The next day, the Defendant once again shot at an IDF tank a Lau missile he had acquired from a person by the name of Hakam, an officer in Force 17, in return for NIS 3000.

3. On both the above-mentioned occasions, the Defendant sought to achieve the death of IDF soldiers.

4. In his actions as described above, the Defendant unlawfully attempted to cause the death of a person and unlawfully bore weapons.

B. The legislative provisions in accordance with which the Defendant is charged

Attempted Murder - an offense in accordance with Section 305(1) of the Code.

Unlawful Bearing of Weapons - an offense in accordance with Section 144(B) of the Code (2 offenses).