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The Supreme Court ordered the release with restrictions of A., accused of involvement in the murder in the Duma village in the West Bank, said the accused's lawyer Sunday. The decision was issued after the prosecution appealed the district court's decision to release A., who was a minor at the time of the alleged crime, and who was imprisoned for more than two years.
The court declared that the minor must wear an electronic ankle monitor, stay under house arrest and deposit a bond of hundreds of thousands of shekels.
>> Escalation of attacks on Palestinians by Jewish extremists in the West Bank
A., Who was 17 years old at the time of his arrest, is accused of participating in the murder of three members of the Dawabshe family during the shooting of their house in July 2015. Ali Dawabsheh, aged between eight months, was burned alive. fire, while both his parents died from their wounds in a few weeks. He is not charged with murder because the prosecution has not been able to prove that he was present in the Duma on the evening of the attack. He is also accused of involvement in the arson of the Dormition Church in Jerusalem and other hate crimes.
In the decision on his release, Judge Ami Kobo of the District Court wrote: "It is indisputable that the time that has elapsed in this case is significant … with the pbadage of considerable time and the fact that the respondent was 17 years old at the time the offense was committed, the magnitude of the considerations required to justify the change [the conditions of] of detentions and the balance between l & # 39; 39; public interest and the respondent's right to liberty.
The judgment notes that, according to his parole officers, A. experienced a "real change of mind" during his detention and "regretted that in the past he did not listen to his parents' advice. , left school and wander with a group of his friends, acting without regard to the law. "
![Photo of the file: The photos of a one-and-a-half year old boy, Ali Dawabsheh, rest in a house that was set on fire near the West Bank city of Nablus on July 31, 2015. [19659019] Photo of the file: The photos of a one and a half year old boy, Ali Dawabsheh, are found in a house that was burned near the city of Nablus, West Bank, on July 31, 2015. </span><span clbad=](https://www.haaretz.com/polopoly_fs/1.5660862.1529354487!/image/1018316866.jpg_gen/derivatives/landscape_625/1018316866.jpg)
AP [19659022 Judge Ofer Grosskopf wrote in the part of his decision that was made public that the indictment blames the suspect "a serious offense of belonging to a terrorist organization whose purpose is to bring about an outbreak in a nationalist and interfaith context, among other things means by hurting the innocent Arabs, their property and the sacred elements of Christians and Muslims. "
The judge noted that the suspect had also been charged with hate crimes against Palestinians in the West Bank, including volunteer fires and puncture of Palestinian vehicle tires. Grosskopf said the allegations of the state – which, for security reasons, he agreed to hear behind closed doors – on the danger presented by the suspect and on the trust, did not come out. were not unfounded.
However, given the protracted detention and the young age of the suspect, he ruled that these issues would not prevail, especially since the strength of the evidence could now jeopardize the possibility of a conviction in the Duma case. Damage to the Church of the Dormition. Grosskopf JA accordingly dismissed the state's appeal against the lower court's decision. He also dismissed an appeal from A.'s lawyer against the conditions of his release.
The district court dismissed the grant of A.'s murder, obtained by the Shin Bet during an interrogation using painful physical means. However, the prosecution believes it has sufficient solid evidence against him as well as against the main suspect in the case, Amiram Ben-Uliel, with circumstantial evidence that the prosecution calls a "theoretical confession", during which A. described the events without using the first person. This is considered a low level of evidence, but the prosecution believes that it is enough for a conviction.
In addition, the court accepted A.'s confession about his involvement in other hate crimes.
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