Thursday, August 3, ALOR Azariah appealed to the chief of the General staff of the IDF Lieutenant General Gadi Eisenkot asking for leniency.
In his address ALOR Azariah asks to give him the opportunity to rehabilitate themselves after a long investigation and trial. «If I had known initially that became clear during the trial that the body of the terrorist is not an explosive device, it wouldn’t shoot,» wrote Azalea. He also stressed that he did not intend to file further appeals on the verdict of the military court and the sentence.
He also asked for the possibility to substitute imprisonment by community service. For this final punishment should be no higher than six months imprisonment.
ALOR Azariah, who was sentenced to fifteen years in prison for the manslaughter of terrorist in Hebron have to start the sentence on August 9.
The tenth channel ITV quoted high-ranking sources in the military Prosecutor’s office, according to which the request for commutation of sentence can be considered not earlier than September 7, when it will expire the time allotted for filing an appeal and the sentence becomes final.
Earlier, the chief of the General staff of the IDF promised that if the convict submits the request for commutation of sentence, it will be considered seriously. «The petition will be considered taking into account all relevant business aspects, and based on my loyalty exclusively to the values of the IDF and soldiers of the army,» said Gadi eizenkot.
On 30 July the court of appeal in the «Kyrie» upheld the verdict and sentence in the case Elora Azariah. The decision was taken by a majority of three judges — the other two demanded to increase the punishment. The head of the court of appeal major-General Doron Palis rejected all defense arguments. The court held that the precedents that led to the investigation, are in this case irrelevant.
Defense Minister Avigdor Lieberman had earlier urged the family of Azariah Elora not to file a new appeal against the decision of the court, and to appeal to the chief of staff Gadi Eizenkot with Amnesty. However, the lawyer representing Azariah, told the court that he intends to appeal to the Supreme court.
Prime Minister Benjamin Netanyahu said that he has not changed his view that Elior Azariah should be pardoned. He promised to send their recommendations to the relevant authorities, when the question comes to practical discussions.
We will remind that on 24 March 2016 at the intersection of Wilber in tel Rumeida two Arab terrorists, armed with knives, attacked the soldiers and wounded one of them. The attackers opened fire: one of them (Ramzi al-Kasrawi) was killed on the spot, the second (Abd al-Fattah al-Sharif) was injured. On the scene arrived the ambulance «Magen David Adom». After the wounded soldier was put in the ambulance, an incident occurred which was the cause of the trial. The human rights organization B’tselem published a video showing what was happening. In this three-minute video shows how one of the soldiers (ALOR Azariah) shoots al-Sharif, lying on her back. The bullet hit him in the head, the wound proved fatal. Shortly thereafter, the soldier, who has made «control shot», was arrested.
In addition to the video of the incident, a common organization B’tselem, there are others. One of them heard one of the doctors says that the terrorist has a bomb, and it can not come before arrival of sappers.
Note that, as a rule, in such situations, neutralized the terrorists undressed to ensure that the body is not explosive devices under your clothes and hidden weapons. The commander of the brigade, which serves as Azariah reprimanded the commander and two squad leaders that they failed to timely screening, the terrorists neutralized.
Policy of the court of appeal decision in the case of Azariah
Prime Minister Benjamin Netanyahu said that he has not changed his view that Elior Azariah should be pardoned. «My opinion regarding the Amnesty Elora Azariah has not changed and remains the same as after the January court verdict. When it comes to practical discussions, I will convey your recommendations to the relevant authorities,» wrote Netanyahu in his blog on Facebook.
Defense Minister Avigdor Lieberman called on the family of Azariah Elora not to file a new appeal against the decision of the court, and to appeal to the chief of staff Gadi Eizenkot with clemency. «I have no doubt that the chief of staff will take into account all the circumstances of the incident and the fact that Azariah is high achiever of military service,» said Lieberman.
The IDF chief of staff Gadi Gadi eizenkot, commenting on the decision of the court of appeal in the case Elora of Azariah promised: if a request was submitted for commutation of sentence, it will be considered seriously. «The petition will be considered taking into account all relevant business aspects, and based on my commitment solely to the values of the IDF and its soldiers,» said Gadi eizenkot.
Education Minister Naftali Bennett («Bayt Yehudi») called the ruling «tough», but reminded of the need to show respect for the court. However, he said that it’s time for Amnesty Elora Azariah. Naftali Bennett also called on citizens to avoid attacks on the army. He said that he fully trusts the head of the chief of staff Gadi Eizenkot and officers of the IDF.
Transport Minister Israel Katz: «the Court has spoken. And now the Israeli government must as soon as possible to initiate the pardon procedure Elora Azaria. Elor should be returned home.»
Eyal Ben-Reuven, Deputy from the «Zionist camp» has welcomed the decision of the court. He noted that this decision is an important message to society. He repeated the catch phrase of Menachem begin: «There are judges in Jerusalem.»
Also welcomed the decision of the court the leader of the party «Yesh Atid». «I fully support the chief of staff and court for their inviolable relationship to the values of the IDF. The decision, which was adopted by the court is heavy, but it needs to be respected,» said Yair Lapid.
The office of the President of Israel issued a reminder that only ALOR Azariah, his family, or advocates can appeal to the President a petition for his pardon. Treatment from politicians and deputies will not be considered. However, the President recommended that Elora Azariah first apply for Amnesty to the chief of staff.
18 April 2016 Elora Azariah had been charged. On 4 January, the military court acknowledged Azariah guilty of manslaughter of a terrorist, and in conduct unworthy of a soldier. February 21, a military court in the «Kyrie» Elora Azariah sentenced to 18 months in prison and 12 months probation. The court also ruled Elora Azariah demoted in rank and granted the request of the defence to delay the start of the sentence before the verdict on appeal.
From the day of the incident prior to demobilization from the IDF ALOR Azariah was at its military base in the open arrest. After his discharge July 20, Azariah was placed under house arrest.
We note that lawyers representing Elora Azariah in the first trial, resigned after the family of the convicted decided to appeal the verdict.
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