IDF Judge Col. Orly Markman ruled Thursday that Private Elor Azaria would not have to begin serving his prison sentence this Sunday, March 5.
The judge has decided Azaria will remain in open detention at his military base until a final ruling is made on the appeal of his 18-month prison sentence.
Outgoing defense team attorneys Eyal Besserglick, Ilan Katz and Carmit Shchiver had previously warned the appeal effort could cause the prosecution to submit its own appeal against the 18-month prison term received by Azaria.
IDF prosecutor Lt.-Col. (res.) Nadav Weisman, meanwhile, emphasized his belief Azaria should begin prison: “A defendant whose sentence was handed down must begin serving that prison term immediately,” he said.
However, Judge Markman responded, “The soldier has already been in open detention for some time, and is acting in an appropriate manner.”
The judge made the decision at a hearing in the Military Appeals Court at the IDF headquarters in Tel Aviv.
Azaria was sentenced to prison on a conviction of manslaughter after shooting and killing an injured terrorist who had stabbed an IDF soldier in Hebron.
The appeals hearing, requested by the defense, was held with the agreement of the military prosecutor’s office.
He will continue in open custody at the Nachshonim base east of Petach Tikva in accordance with the ruling of the judge until the end of the appeals proceedings.