web analytics
January 17, 2017 / 19 Tevet, 5777

Posts Tagged ‘military court’

Family of Hebron Terrorist Vows to Sue Azaria, State & IDF ‘For Millions’

Wednesday, January 4th, 2017

The family of Hebron terrorist Abdel Fattah el-Sharif announced Wednesday it will demand that the State of Israel demolish the family home of IDF Sgt. Elor Azaria in retaliation for the soldier having killed the stabber.

Azaria was convicted Wednesday in a military court on charges of manslaughter in connection with the terrorist’s death.

The el-Sharif family also vowed to sue Azaria, the State of Israel and the Israel Defense Forces “for millions” in civil damages.

The family told reporters, “We’ll go to the International [Criminal] Court [at The Hague], and we’ll punish the killer through all legal means,” according to Israel’s Channel 20 television news.

However, it’s not at all clear that the International Criminal Court would have any interest in pursuing a case in a country over which it has no jurisdiction, inasmuch as Israel is not a member of the Court. Moreover, the fact that Azaria’s actions were fully weighed, discussed and tried with witness testimony in an open court is likely to be taken seriously by the International Court as well.

Hana Levi Julian

Protesters Heat Up Atmosphere Outside As Military Judge Begins Verdict for IDF Sgt. Elor Azaria

Wednesday, January 4th, 2017

Hundreds of protesters gathered outside the Military Court where the Judge Maya Heller picked apart the various claims of IDF Sgt. Elor Azaria prior to handing down a verdict on charges of manslaughter against him.

“Azaria! Azaria!” protesters shouted, even as Judge Heller said, “Azaria acted coldly and with calculation, took his time clearing people. This does not work with acting toward immediate danger.”

Protesters meanwhile were blocking the main road outside the Kirya military base, also home to IDF headquarters in Tel Aviv.

It appeared the judge was leading up to a guilty verdict: had she been working towards acquittal, she would not have been listing all of the negative behaviors displayed by the defendant.

Meanwhile, the increasingly distraught protesters were breaking through the blockades police had set up to contain the demonstration.

“We have adopted the conclusion that the terrorist’s death was caused by the shooting by Azaria,” she said, and cited testimony from the soldier’s commanding officer who had recalled the medic had said the terrorist “deserved to die.”

Judge Heller continued her analysis, saying there was no real indication that Azaria felt threatened in any way by the injured terrorist.

Meanwhile, there were reports of police violence and arrests, along with a statement by Israel Police that officers had “arrested two suspects on the spot for violating public order. The protests blocked the Highway 20 to the increases, in both directions.”

The judge discussed the case in the courtroom for more than two hours prior to rendering a decision.

Hana Levi Julian

Knesset Committee Holding Hearing Tuesday on Plight of Yitzhar Minor

Tuesday, August 2nd, 2016

The Knesset Secretariat on Monday authorized the request of MKs Betzalel Smotrich and Yehuda Glick to hold an urgent hearing on the Yitzhar minor’s case at the Knesset Committee for the Rights of the Child. The hearing was set for today, Tuesday, at 9:00 AM, and will bring to the public’s attention the abusive use of administrative orders against Jewish minors in Judea and Samaria. An estimated 50 Jews are under restrictive administrative orders, many of them minors (See: Police Harass Grandparents of the Minor from Yitzhar).

The Yitzhar minor, 15, was banned by administrative order from entering Judea and Samaria, including his own parents’ home, and was placed under house arrest at night. As is the case with all administrative orders, no evidence has been presented and the minor has not been brought to trial. Since July 6, just under a month, the minor has been wandering from house to house due to the difficulty of finding him a permanent host family: prospective families have been discouraged by the disruptive house checks carried out by police in the middle the night, and sometimes several times a night, complete with hollering and banging, disturbing entire neighborhoods — so that by now no one is willing to host the minor for more than one night.

The minor has been detained several times on suspicion of violating the restriction order, including after reporting to a police station and informing them that he did not have a place to sleep. He has also been accused of being late with informing the police of his new address for the night. His unique situation, a minor pulled out of his own home, without judicial due process and without seeking expert opinion from a social worker and the Youth Probation Service, has already moved the Knesset Committee for the Rights of the Child to strongly oppose the decree against the Yitzhar minor. The committee on Tuesday will also hear the critical statements made by several judges before whom the minor has been brought, about police abusive behavior in this case.

The minor and his family, legal aid society Honenu staff members, and the families of other youths who are similarly restricted by administrative orders are expected to participate in the committee hearing.

The vast majority of the administrative restriction orders have been repeatedly extended by the Central and Home Front Commands, who rely on the claims of the Jewish Department of the clandestine police Shabak, predicting that the individuals under administrative restriction orders are liable to disturb the public peace. (See also: Military Court of Appeals Critical of Administrative Restrictions of Jews without Hearings)

David Israel

4 Hamas Killers of Henkin Couple Sentenced to Life in Prison

Wednesday, June 22nd, 2016

by Michael Zeff

Four members of the Hamas terror organization were sentenced to life in prison Wednesday by an IDF military tribunal in Samaria. The terror cell was convicted on charges of murdering Rabbi Eitam and Na’ama Henkin, an Israeli rabbi and his wife, in October 2015. A fifth member of the Shechem-based cell was found guilty but has not yet been sentenced, and two others await trial.

Yahia Abdullah Hajj-hamad, Samir Qusah, Karem Razik; and Amjad Aliwi, were among the five terrorists responsible for the ambush and murder of the Henkin couple. They were shot while driving their car near the Itamar community in Samaria, as their four children sat in the back seat. Eitam, son of the prominent American-born educators Rabbi Yehuda and Chana Henkin, was a U.S. citizen.

The murder of their parents, witnessed by Matan, 9, Nitzan, 7, Netta, 4, and four-month-old baby Itamar, shook the Jewish nation both in Israel and in the Diaspora.

The four terrorists were sentenced to two consecutive life sentences and an additional 30-year prison term each. Zeid Jamil Amar, the fifth member of the terror cell hasn’t been sentenced yet.

The Shin Bet domestic intelligence agency (Israel Security Agency) said in a statement that the terrorists are also responsible for several other shooting attacks that took place in Samaria in August 2015.

The judge said that it was the “carefully planned and cold blooded nature of the killing, in which every member of the squad played a vital role,” that swayed the military judge to issue a harsh and uniform sentence to all the terrorists, regardless of who pulled the trigger.

Shin Bet officials have suggested the children were only spared from death due to the fact that one member of the cell accidentally shot his fellow terrorist, causing him serious injury and prompting him to drop his gun at the scene and flee.

It was that gun and “friendly fire” that helped the Shin Bet and IDF identify and capture the killers in a Shechem hospital a few days later.

TPS / Tazpit News Agency

Daphna Meir’s Arab Killer is Convicted in Military Court

Tuesday, May 3rd, 2016

The killer of 39-year-old Otniel resident Daphna Meir, z’l, was convicted in a military court, the IDF spokesperson announced Tuesday.

A 16-year-old resident of the Palestinian Authority town of Yatta at the time he murdered the wife and mother of six, the Arab terrorist attacked Meir in her kitchen this past January.

Meir, a nurse in the neurosurgery unit at Soroka Medical Center in Be’er Sheva, tried to fight him off as he stabbed her in the head and upper body. Three of her children were home at the time, and heard the sounds of their mother being attacked.

The screams of her oldest daughter at home at the time prompted the terrorist to flee, while Meir called security forces and reported the attack. Medics came promptly but were unable to save her.

Meir was known for her strength and courage, but also for her serenity and leadership in the community. Two of her six children were foster children. Her husband told visitors during the shiva mourning period that the family wanted to focus on healing and “lifting up the Jewish people,” rather than avenging her death.

Hana Levi Julian

IDF Officer Who Hit Anarchist to Keep His Job for Now

Thursday, December 12th, 2013

An IDF military court decided to go with a modified plea bargain agreement for Lt. Colonel Shalom Eisner, who had been set to be kicked out of the army.

Eisner had hit a foreign anarchist in the face, who was trying to block Highway 90 in the Jordan Valley. During the 2 hour altercation that preceded Eisner’s actions, one of the activists broke the fingers in Eisner’s hand.

The activists had filmed the April 2012 incident and disseminated a selectively edited video showing Eisner striking uncooperative anarchists with his rifle – something a lot of soldiers probably wish they could do to these foreign provocateurs.

What the film did not show was that before Eisner hit the foreign leftists, other anarchists had broken two of the officer’s fingers, and the scenes of the anarchists using their bicycles to hit and push the soldiers were also mostly cut out.

The court ordered Eisner to serve two months of public service, after which he can remain in his position for a year, instead of being dismissed right away which is what the original plea bargain had stipulated. Eisner was supposed to head up the prestigious Bahad 1 officer’s school in the Negev.

High ranking army officers, as well as the mother of a fallen soldier who was brought to burial by Eisner, praised Eisner for his sensitivity and character.

Hagit Rein, whose son was killed in the Second Lebanon War in 2006 and was brought to burial by Eisner, burst out into tears as she told the military court of Eisner’s sensitivity and involvement with the burial of her son.

At the time, no one was able to retrieve her son’s body which was trapped in the middle of a combat zone in Lebanon. Eisner upon hearing about it, jumped into a jeep, drove out, and brought the soldier’s body back to Israel.

Senior IDF officer Yehkezkiel Agai testified, “Shalom and I served together in the tank unit, I brought him into his current position as deputy commander because he is trustworthy and dedicated to his job. He is like a man who never received a traffic ticket for 40 years and then is suddenly involved in a serious accident.

“There is no question about the qualities of Shalom. There is no problem with his values or  behavior. He just make a mistake.”

Sami Turgeman, head of the Southern Command, told the military judges, “As a commander of ground forces, I often have to face officers in positions that they do not like. Eisner willingly took the position as the Jordan Valley division deputy commander which is not convenient from a personal standpoint and for family life. I have no doubt that he is a highly motivated officer.”

However, Nitzan Alon head of Central Command and a long-time thorn in the side of national religious officers such as Eisner, told the court that despite Eisner’s excellent qualities, “I saw professional failures in maintaining control.”

The incident began when 250 anarchists rode their bicycles onto Highway 90, the only highway connecting the southern and northern ends of the Jordan Valley, with the stated aim of blocking the road in an illegal protest.

The division commander was on vacation at the time and left instructions for Eisner to call the police if there was any trouble.

Eisner had instead decided to deal with the protesters himself.

Anarchists struggled with the soldiers, and some of them were also “bumping” their bicycles into the IDF soldiers as a “non-violent” provocation. With two broken fingers, Eisner’s patience ran out when one of the protesters purposely stood in his way as he and his soldiers were trying to clear the demonstrators off the highway.

After the video of the confrontation went viral, Eisner was removed from duty until an investigation was completed.

In September, Eisner reached the plea bargain agreement, reported here.

On the surface, Eisner came out better than expected, because he can return to his present position after two months of public service, and will retire from the army in another year instead of being forced out right away.

Unfortunately the mistake here is that he is being forced to retire at all.

Tzvi Ben-Gedalyahu

Printed from: http://www.jewishpress.com/news/idf-officer-who-hit-anarchist-to-keep-his-job/2013/12/12/

Scan this QR code to visit this page online: