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An Israeli defendant in the 2015 murder of three members of the Palestinian family in the West Bank is to be released Sunday after two years in prison.
A. was a minor at the time of the alleged criminal attack against the Dawabsheh family in the village of Duma, and as a result his identity was removed from the publication. It will be kept under surveillance and will have to carry electronic tags at all times.
A. He is not accused of murder but rather involved in the incidents. The indictment attributes the murders to the main defendant, Amiram Ben-Uliel, with the minor charged with conspiracy and to help plan the murders. This is because there was not enough evidence that A. was in the Duma when Dawabsheh house was burned down. Security sources say that this does not mean that the minor was not present, only that there is not enough evidence to prove it.
The release of A. was postponed to Sunday at the request of state prosecutors, to give them time to decide when they would appeal the decision of the Lod Central District Court .
>> Rejecting confessions under torture, Israel takes a step toward the truth | Analysis
The court's decision follows a ruling last month that most of Ben-Uliel's confessions are legally admissible. However, the court held that confessions obtained using severe methods that inflicted pain were not admissible.
The court said that the confessions that had been made during an interrogation by the Shin Bet security service were inadmissible, but accepted the confessions made later in the investigation. The decisions were made during the preliminary hearings.
The court declared inadmissible the confession of the second accused, A. He had also confessed to being involved in six hate crimes – including four arson attacks and two acts of vandalism and hate graffiti against the Arabs – but has not admitted any connection with the Duma murders.
The miner apparently spoke of Duma's murders with his interrogators "hypothetically", and his confession was described as a "hypothetical confession".
He detailed how the crime could have occurred, but took care not to speak in the first person, only in the third person. This admission is considered auxiliary evidence with less legal weight than a clear confession.
The court disqualified the confession that the minor had made after being interrogated under torture, when he spoke directly of the role he played in the Duma murders.
The prosecution did not attribute the Duma murders directly to the minor, but accused him of conspiracy to commit the murders. This is because he did not show up the night he would have agreed with Ben-Uliel to commit the murder. However, in Ben-Uliel's confession, which was accepted as evidence, the name of A. was explicitly mentioned.
The Prosecution stated that she had circumstantial evidence, as well as details that were never made public, that only a person involved in the crime could know, and that Ben- Uliel knew. Prosecutors consider the chances of condemning the two as high.
Provisional release means that the court does not consider A. to be dangerous in its current state and can not interfere with justice and legal proceedings against him.
"Better late than never, we have completed this part of the fight successfully," said A. Adi Keidar's lawyer of the Israeli organization of Zionist Legal Aid Honenu, which provides legal representation to soldiers and others accused of crimes. against the Arabs.
"I would like to remind the public, the public has not yet been exposed to a small part of what has happened in this case and to the fact that the state does not have any of it. did not honor, learn or implement what was written in the decision – and that is very unfortunate. "
Members of the Dawabsheh family expressed concern over last month's decision. "I have applied for a permit to travel to Lod Court, I want to be there and hear every word," said Hussein Dawabsheh, Reham's father, who died from his injuries after the accident. Attack of July 2015.
His 1-year-old son Ali died immediately; Her husband, His, also died later this summer.
"From the beginning, I had no confidence that the justice system in Israel would do us justice," Hussein Dawabsheh said. "Now they are trying everything possible to rid the accused, and if that happens, this whole thing is useless."
In June, right-wing extremists protested in favor of Ben-Uliel. The protesters clashed with Hussein outside the Central District Court and shouted offensive remarks. Shouting in Arabic, the protesters chanted to Hussein Dawabsheh, "Where's Ali? There's no Ali, Ali burned. Ali is on the grill."
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