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The Lod District Court made an initial order Thursday to release the house arrest of the accused juvenile in the alleged Jewish terror case by the Duma. The release of the minor accused, which included conditions such as an electronic ankle cuff, judicial oversight and a ban on his communications, was frozen until Sunday in the event that the prosecution would decide to appeal
. – half a year after his arrest and after the Shin Bet (Israeli Security Agency) used reinforced interrogation on him, and about a month after the same court declared much of the evidence against him concerning the Duma tainted by the harshness of the interrogation. 19659003] Even if he is released, he will be under house arrest because there are other crimes that are still alleged against him and the Prosecution maintains that she can still be convicted as a second role in the arson of the Duma in July 2015 killings of three members of the Dawabshe family.
In mid-June, the court confirmed the validity of the key confessions of the principal defendant in the Duma case, giving the prosecution a strong chance to convict, while disqualifying the key confessions given by the accused minor.
blockbuster decision had and will have far-reaching consequences, disqualified some confessions of the main accused during and 36 hours after the reinforced interrogation was used on him.
The Department of Justice and Shin Bet emerged with a strong lead to win their flagship case of Jewish terrorism against the main defendant, Amiram Ben Uliel
However, as the court declined to rule whether the Shin Bet In the case of the minor-defendant, the decision means that while he will probably face convictions for lower price attacks, he has a strong chance of acquittal. The July 2015 terrorist attack that killed the Palestinians Sa'id, Riham and Ali Dawabshe in the Duma and the Shin Bet admitted that the reinforced interrogations of the two Jewish defendants created convulsions in the region and at the same time. within the Israeli political establishment.
Up to now, there were two main stages to the saga.
In the first step of January 2016, the prosecution filed an indictment against Amiram Ben Uliel for the murder of the Dawabshe and against a minor, whose name is under the gag, for conspiracy in Murder planning and other type of crime awards, although all agreed that the minor did not ultimately participate in the arson.
In the second stage since then, the right-wing legal group Honenu and the defendants had hinted that the state was using a gag order on the case's procedure to conceal that he was torturing the defendants to obtain false confessions.
The court decision dissected various pieces of evidence in the Ben Uliel case and the minor with surgical precision.
With respect to Ben Uliel, the most incriminating evidence that he gave, including a reconstruction at the crime scene, was admitted against him in court as it was given more than 36 hours later that the Shin Bet used a reinforced interrogation on him.
The court commented that he could see a video of his confessions at this point that he was calm. the investigators did not know and cooperated freely.
On the other hand, the court disqualified his confessions during and after 36 hours after the reinforced interrogation by saying that he was not convinced that he was cooperating freely on these points.
Ruth Lorech, Zvi Dotan, and Devora Atar went on to say that this did not mean that they characterized the reinforced interrogation as having crossed a line of torture [19659]. In fact, they said that it appeared that the Shin Bet had not just used a thorough interrogation to find out if the accused were involved in the terrorist attack of the Duma, but the only reason for the attack was that the had primarily used to learn potential new attacks that he believed organization of defendants. On the contrary, when crossing the line of questioning, the judges stated that they did not need to decide this issue since they could disqualify confessions at this point simply because they were not allowed to do so. they were not given freely even though the reinforced interrogation was legal
. ] However, Ben Uliel's confessions that were disqualified were not the most important, which is why he is now likely to be sentenced.
In contrast, the court stated that the Shin Bet had not provided him with a video of Because of this, because the real-time minor in Earl's court proceedings said that he was telling the Shin Bet what he wanted to hear in order to escape further interrogation – all minors that's why the minor is likely to be acquitted in the Duma case, for which he was charged with conspiracy only to commit murder and not a murder like Ben Uliel.
Despite this victory, the prosecution told the Jerusalem Post that prior to the extensive questioning, the miner had given a hypothetical statement about his actions that corresponded exactly to what he and Ben Uliel have confessed thereafter.
The prosecution told the Post that some of Ben Uliel's statements that were now accepted in evidence included his fingering of the minor.
Overall, the judges seem to have much more sympathy for the minor because of his age and frailty, which could help him to get acquitted, but it does not. is not a guarantee
. attacks, his confessions before the reinforced interrogation to an undercover agent posing as a prisoner have all been validated, which means that he will probably be sentenced.
Essentially, the prosecution believes that the case would be a clear conviction with little public controversy if the defendants were Palestinians and that all the tumult is to be Jewish and their supporters believing that the Jews committing the crimes they perpetrated should be treated better than Palestinians.
In the end, the court concluded that the story of the accusation regarding the confession was more credible for Ben Uliel, but less credible for the minor
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