Sunday, July 30, 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. Note that the attorney Yoram Sheftel, representing Elora Azariah, gave the court at least fifteen such examples, however, the court found that the grounds for the study of new certificates no.
The decision of the court of appeal stated that the testimony of corporal T. showed at the inquest that heard from Elora Azariah words showing the intent to kill a terrorist is true. Also consider correct the decision of a lower court subinoy condemned Elora Azariah considered credible most of the evidence for the prosecution.
At the same time, the judge found the testimony of the company commander Tom Naaman «problematic,» noting that the version of Alora Azariah cannot be considered conclusive, as was formed in the course of the investigation, was changed several times and is full of contradictions.
The court rejected the version according to which the soldier felt in danger. «The soldier acted coolly as if he were at the shooting range, not at the scene of the attack. Action Ellora Azariah are in direct conflict with the rules for opening fire», — stated in the court decision.
The judges have criticized so-called «interference» of politicians in the judicial procedure. «Many officials have used their positions and called into question the alleged criminal responsibility of the accused», — is spoken in the decision of the court, who called these actions «a transfer of all conceivable borders».
«A guilty verdict remains in force, as it is based on a solid evidence base. Shooting neutralized the terrorist was carried out for reasons of revenge,» concluded the judging panel.
«With all due respect to public opinion, soldiers are obliged to act in accordance with the orders and regulations in force in the army and not have a score to settle with the terrorists after the danger. It is the task of the judicial system», — stated in the verdict.
The judges also rejected the request of the defence for leniency convicted and resolved: «the penalty remains unchanged.»
When the judge read out the decision, the mother Elora of Azariah, Azariah Ochre, burst into tears. The judges asked her to leave the room and calm down.
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
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.
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.»
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 give my recommendations in the corresponding structure,» wrote Netanyahu in his blog on Facebook.
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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