No jail for Israeli soldier who shot dead Palestinian lying wounded on the ground
The soldier who killed in cold blood the 21 year old Abdul Fatah al-Sharif will address the trial as a free man. The judge’s order him to stay on his military base. He refuses to cooperate and does not respond to questions. Controversy also on the charge, considered too mild. Extreme movements protest for his acquittal from all charges.
Jerusalem (AsiaNews / Agencies) – No jail time in a military prison, but five days custody on his military base with restricted movements. Yesterday's decision by the military court, sparing a 19 year-old Israeli soldier accused of killing a wounded and unarmed Palestinian militant has sparked controversy and debate. A new hearing of the case, in which the soldier is charged with "manslaughter", is scheduled for April 5 next.
The story dates back to the early last week, when the unidentified soldier opened fire in Hebron on the Palestinian youth, the 21 year old Abdul Fatah al-Sharif, who had earlier stabbed other soldiers, wounding them. The assailant was already lying on the ground, unarmed, wounded and helpless. Nonetheless, the soldier pointed his gun at the victim and fired, killing him instantly.
Human rights activists point out that the decision of the military court to hold the soldier inside its base, with permission to meet with his family and sparing him jail is in stark contrast to the seriousness of his actions. They say the young man should instead remain in jail until the end of his trial, according to the prosecutor's request.
In addition, critics say the courts they have already shown a benevolent attitude toward the soldier, having charged him with "culpable homicide" and not "murder" despite the evidence that has emerged. According to Israeli law, wrongful death implies intentionality but no premeditation, which applies in the second type of offense.
Yet images broadcast by B'Tselem activists show the Israeli soldier shooting the Palestinian militant, who is lying prone on the ground, without there having been any previous gesture or provocation. Shortly before the gunshot some soldiers can be heard exclaim, in Hebrew, "the dog is still alive." The soldier then opens fire shouting: "This terrorist deserves to die."
His gesture has drawn criticism from the government and upper echelons of the army. However, the far-right movements and groups of supporters have already expressed their opposition and call for his immediate release as well as the acquittal of all charges.
Meanwhile, the soldier - who supports claims he was acting in self-defense - refuses to cooperate with investigations and does not intend to answer the judges questions. He also rejects the charges of his fellow soldiers who accused him of having deliberately fired at the young Palestinian, with the express purpose of killing him in cold blood.
UN officials have framed the story within the so-called "extra-judicial killings", which are part of a progressive climate of violence in the area.
Since October last year, after a series of provocations by ultra-Orthodox Jews who went to pray on the Temple Mount, incidents and clashes in Israel and the Palestinian territories have multiplied, in the context of the so-called "intifada of knives".
So far some 200 Palestinians, 29 Israelis, two Americans, a Sudanese and one Eritrean have been killed. Most Palestinians were killed as they tried to stab or ram with cars Israeli soldiers or passersby. Others were killed during demonstrations or clashes with the military.
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