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The Supreme Court ordered on Thursday the provisional detention of the accused juvenile in the Jewish terrorist case alleged by the Duma.
The decision of the new judge Ofer Grosskopf upheld the Lod District Court's release order and dismissed an appeal by the prosecution that said the minor defendant was still dangerous and did not should not be released until the end of the lawsuit against him.
Despite the celebration of the liberation order by the defense team, there are still conditions that include an electronic ankle bracelet, court-approved surveillance and a ban on its communications. These conditions were frozen until Sunday in case the prosecution decided to appeal.
The release order comes two and a half years after his arrest and after the Shin Bet (Israeli Security Agency) interrogated him about a month later. the same court declared much of the evidence against him regarding the Duma as soiled because of the harshness of the interrogation.
With the exact date of release still uncertain, but should be soon, the defendant minor will be kept under house arrest There are other crimes of which he is still charged and the Prosecution maintains that it can still be condemned as a secondary actor in the criminal killings of the Dawabshe family in July 2015 by the Duma.
On Thursday, the prosecution issued a statement pointing out that the court had not said that the accused juvenile was clearly on the conspiracy of the Duma to help in the murder allegations.
In contrast, the lawyers of the defendant juvenile, legal aid group Honenu and Bayit Yehudi MK Bezalel Smotrich also on Thursday seized the Lod court order to release the juvenile from the prison in sign of wrongful detention.
Prior to the hearing, Justice Minister Ayelet Shaked issued a statement asking the court to act on the basis of compbadion towards the minor.
In mid-June, the Lod District Court upheld the validity of the key confessions. the main defendant in the Duma case giving the prosecution a strong chance to convict, while disqualifying the key confessions given by the defendant minor in the case.
The mixed blockbuster decision had, and will have, great consequences, disqualifying certain confessions of
The Department of Justice and the Shin Bet have a strong tendency to condemn the principal defendant, Amiram Ben Uliel.
With respect to the accused juvenile, the decision means that while he will likely face convictions for lesser price attacks, he is likely to be acquitted of the offense. Duma case.
The criminal terrorist attack of July 2015 – which killed Palestini Sa'ad, 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 in the Israeli political establishment.
In January 2016, the prosecution filed an indictment against Amiram Ben-Uliel for the murder of the Dawabshe and against the minor, for conspiracy in the planning of the murder and other crimes of type "price tag". Honenu and the defendants hinted that the state was using a gag to hide that it was torturing the defendants to obtain false confessions.
The decision of the Lod court dissected various pieces of evidence in the Ben Uliel case and the minor with surgical precision
With regard to Ben-Uliel, the most incriminating evidence, including including a reenactment at the scene of the crime, will be admitted against him in court, more than 36 hours after the Shin Bet interrogated him
The court indicated that he could see at this point in time. A video of his confessions that he was calm, that he was giving facts that the investigators did not know and cooperated freely.
On the other hand, the court disqualified his confession and during the 36 hours following the extensive interrogation, he stated that he was not convinced that he was cooperating freely on these points.
Judges Ruth Lorech, Zvi Dotan and Devora Atar In fact, they said that it appeared that the Shin Bet had not just used reinforced interrogation to find out if the accused were involved in the Terrorist attack on the Duma, but had mainly used it to learn about potential new attacks that the organization of the defendants was considering according to him.
On the contrary, at the crossing of the line, the judges declared that they did not need to decide this question because they could disqualify the confessions at this stage simply as not being given freely even if the reinforced interrogation was legal.
However, Ben-Uliel's confessions that were disqualified were not the keys, that's why he is By cons, in mid-June, the court declared that the Shin Bet does not had not provided him with a video of the minor's confessions
because of that, because the minor was in real time. In a lawsuit, he stated that he was only telling the Shin Bet what he wanted to hear to escape further interrogation – all the minor's key confessions, during and after the day. interrogation, were disqualified
. has a strong chance of acquittal in the Duma case, for which he was charged only for conspiracy to commit murder and not murder like Ben-Uliel.
Despite this victory, the Prosecution stated that prior to the extensive questioning, the minor had given a hypothetical statement about his actions that corresponded exactly to what he and Ben Uliel had confessed later.
In addition, the prosecution told the Post that some of Ben-Uliel's statements,
Overall, the judges seemed to have much more sympathy for the minor because of his age and its fragility, which could help to get an acquittal. Regarding the involvement of the minor in other legal attacks, his confessions before the reinforced interrogation of an undercover agent posing as a prisoner were all validated, which means that he will likely be found guilty
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