(Unofficial Translation)
In the Jerusalem Magistrate's Court. Case /95.
THE STATE OF ISRAEL, Represented by the State Attorney, Ministry of
Justice, Jerusalem
A p p e l l a n t
Requests the Arrest of Moussa Mohammed Ben Mohammed Abu-Marzook, born
in 1951, Identity No. 902766563 (Detained in New York, U.S.A.)
R e s p o n d e n t
REQUEST FOR DETENTION
The Honorable Court is hereby requested to issue an order for the
detention of the Respondent.
For the following reasons:
1. The Respondent was detained on July 25 1995 in New York, the United
States, by the U.S. authorities.
2. The Appellant intends, without delay, to apply to the U.S. authorities
and request the temporary detention of the Respondent pending the
submission of an extradition order against him.
3. In the course of the Appellant's request for temporary detention of the
Respondent in the U.S., the Appellant must notify the U.S. authorities,
inter alia, of the existence of a detention order against the Respondent
in Israel. Accordingly, the Appellant applies to this Honorable Court to
issue a detention order against the Respondent.
4. The Respondent is the head of the "Political Bureau" of the Hamas
Movement, which is the movement's most senior leadership body. The
"Political Bureau" which, as stated, is headed by the Respondent, inter
alia, determines the policy of Hamas in central matters which the Hamas
organization deals with, primarily the policy of attacks by the movement,
deriving lessons from attacks carried out, issuing directives to activists
to operate in the country, in the Administered Territories, and in Hamas
areas of operation abroad.
5. In the capacity of his function as head of the "Political Bureau", the
Respondent is responsible for transferring funds for Hamas activities,
including military activity, and has thus acted in the past, as detailed
hereunder.
6. Material in the possession of the Appellant indicates that, between the
years 1990 and 1993, the Respondent dispatched emissaries on a number of
occasions to Judea, Samaria and Gaza for the purpose of arranging and
expanding military activity of the Hamas organization. In this framework,
the Respondent was party to the transfer of funds to the Territories,
inter alia, for acquiring weapons to be used later to carry out lethal
attacks.
7. In 1989, the Respondent arrived in Gaza, met with activists of the
Hamas organization, appointed them to be responsible for organizing
various apparatuses and determined the distribution of area responsibility
within the Gaza Strip. He also issued detailed instructions for setting up
an organizational infrastructure for Hamas, including active, violent
actions. To finance this activity, the Respondent transferred to the
above-mentioned activists the sum of about $100,000.
8. In 1991, the Respondent worked in the United States to increase Hamas's
military activity in the Territories and charged others with missions
connected to organizing military activity in the Territories and
increasing it.
9. In 1992, in the framework of the Respondent's activity in increasing
Hamas's military activity in the Territories, he dispatched an emissary on
his behalf from the United States, with a considerable sum of money with
the Respondent's knowledge, in order to serve the objectives of the Hamas
organization. The emissary met with a central Hamas activist in the Hebron
district, who dealt at the time in establishing a military apparatus in
the area, and gave him a sum of approximately $100,000, of which $45,000
was earmarked for the purchase of military equipment. Considerable
military equipment was acquired with this money, including two Uzzi
sub-machineguns, carbine rifles, a Kalachnikov gun and an M-16 rifle.
The applicant possesses material according to which these weapons
acquired as described above were used in lethal attacks in Hebron, in the
course of which an I.D.F. soldier was killed, and in another attack on a
military vehicle, two soldiers were wounded.
10. Part of the arms acquired were transferred to wanted fugitives in the
Gaza District, where they served to carry out shooting attacks.
11. After the emissary had returned to the United States, the central
Hamas activist in the Hebron area contacted the Respondent and requested
additional funds from him for the organization's activities. The
Respondent promised to send additional funds.
12. In 1993, the Respondent transferred, through the same emissary coming
from the United States, the sum of $300,000 to finance military activities
of Hamas in the Territories. The emissary handed part of this money, which
he had received from the Respondent, to Hamas activities, until he was
detained [by the Israeli authorities].
13. The above-mentioned activity of the Respondent in setting up an
organization and operational infrastructure for Hamas activity, his
responsibility in transferring substantial funds to finance the activity
of the Hamas organization, funds which served, inter alia, to purchase
weapons meant to strike at citizens of the State of Israel and soldiers of
the I.D.F. and which, as stated, resulted in the death of a soldier and
the wounding of others the directives which the Respondent gave to
Hamas activists, all testify to his intention for murders, killing,
grievous bodily harm and the infliction of injuries with malicious intent,
to be perpetrated against Israeli citizens and soldiers of the I.D.F.
In his above-mentioned actions, the Respondent conspired to perpetrate
murders, killings, injuries and grievous bodily harm. His actions
constitute the crimes of conspiracy to commit murder, conspiracy to commit
manslaughter, conspiracy to inflict injury, and conspiracy to inflict
grievous bodily harm.
These actions are in violation of the following Clauses: 298 -
Manslaughter; 300 (A) - Murder; 329 - committing grievous bodily harm; 333
- Grievous harm; 334 - Injuries; 335 (1) - Wounding and Injury in
Aggravated circumstances; 499 - Conspiring to commit crimes and
violations, according to the Penal Law, 1977.
Issued: July 31, 1995.
Yehoshua Resnik,
Deputy State Attorney for Criminal Affairs.