The Military Advocate General’s Office strongly opposes Sgt. Elor Azaria’s request not to enter military prison until the chief of staff decides on his request to commute his sentence. The President of the Court, Major General Doron Piles, is expected on Monday to give his decision or to set a date for hearing the application, Ynet reported. Azaria is scheduled to enter Prison 4 in the Tzrifin military compound on Wednesday, to start serving an 18-months prison term, having been convicted of manslaughter in the killing of a neutralized terrorist in Hebron in March 2016.
The Military Advocate General’s response to the military court on Monday morning was that “there is no basis in reality to Azaria’s claim that the ruling becomes final earlier should he submit his request for commutation earlier. Military Justice Law provides that serving a prison sentence immediately follows sentencing, and postponing the execution of the sentence in this case is the exception to the rule.”
“The immediate execution of the sentence is of an increased urgency to preserve the discipline upon which the entire military establishment is based,” the military prosecution added. “There is no justification for Azaria’s case to be different from those of other soldiers who ask for commutation—who do so only after they have begun serving their sentence.”
The Military Advocate General’s Office also claimed that consent to Azaria’s request would also set a precedent for soldiers who are supposed to serve a prison sentence and would request to postpone it until a request for pardon submitted to the president was received.
IDF Chief of Staff Lt. Gen. Gadi Eizenkot is scheduled to decide on the commutation under the Military Justice Law between September 7 and October 7, about a month after the court ruling becomes final. Eizenkot is expected to consult with senior IDF commanders, commanders from the Kfir Brigade where Azaria served, as well as officers in the Central Command, and to seek an opinion from the Military Advocate General, Brigadier General Sharon Afek. The chief of staff will reach his decision by early October, even if he cuts only a few months from Azaria’s sentence.