IDF chief to ‘seriously consider’ reduced sentence for Azaria
Court rules IDF soldier who shot disarmed Palestinian stabber will have until August 9 to request an appeal
Judah Ari Gross is The Times of Israel's religions and Diaspora affairs correspondent.
The IDF chief of staff said Sunday he would seriously consider easing the 18-month sentence of Elor Azaria, a soldier whose manslaughter conviction was upheld in a military court earlier in the day.
In a statement, IDF Chief of Staff Gadi Eisenkot said the court made its decision “loud and clear,” and had reached its verdict after a “moral, professional and impartial [legal] process.”
On Sunday, a military court rejected an appeal by Azaria’s attorneys that would have overturned his conviction, as well as an appeal by the prosecution to make his punishment harsher.
Ultimately, the court ruled to maintain the district-level court’s initial ruling of a manslaughter conviction and an 18-month prison sentence for Azaria, who, in March 2016, shot dead an incapacitated Palestinian assailant who had stabbed one soldier and tried to stab another 11 minutes beforehand.
Immediately following the court’s announcement, politicians and public figures, including Prime Minister Benjamin Netanyahu and Defense Minister Avigdor Liberman, called for Azaria to be pardoned.
As a soldier, such a pardon could only come from Eisenkot or President Reuven Rivlin, who would only make such a decision with Eisenkot’s approval.
In his statement, Eisenkot said “if Sgt. (res.) Azaria decides to file a request for a reduced sentence, it will be seriously considered, along with a review of the other considerations related to this case and from my commitment to the values of the IDF, its soldiers and its service members.”
Eisenkot has in the past expressed criticism of a public perception of Azaria as “everybody’s child.” He also said the case was accompanied by “manipulations and lies.”
Since a pardon request can only be made once Azaria is in prison, his attorneys would have to forego an appeal in order to seek clemency. The defense team indicated Sunday they will proceed with an appeal to the Supreme Court. However, the head attorney, Yoram Sheftel, said the team would consider a “serious offer” from Liberman for a reduced sentence or a pardon.
Were Azaria to enter prison, he would only have to serve half his sentence, or nine months, before being eligible for parole, though there is no guarantee that he would receive it. This is different than in civilian criminal law, where a prisoner has to complete two-thirds of his or her sentence before they have a chance at early release.
Following its ruling on Sunday, the military appellate court gave Azaria a 10-day postponement on his entry into prison, allowing the defense time to file a request for another appeal with the Supreme Court.
The defense team initially requested a 30-day deferment, but following an objection by the prosecution asked for 20 days, saying it was the “minimum of the minimum.” Ultimately, they got half that.
After chief judge Maj. Gen. Doron Feiles concluded reading aloud the 158-page decision, Azaria’s mother Oshrat yelled repeatedly that “the terrorists are laughing in our faces.” Evidently not feeling well, she received assistance in exiting the courtroom from a friend. Her husband Charlie also told the prosecutors that they were “castrating the army.”
On January 4, a military court found Azaria, who recently completed his military service, guilty of manslaughter. In addition to the 18-month sentence, the court also ruled that he would be demoted to private.
The divisive case had revealed deep rifts in Israeli society, with some seeing Azaria as a hero, while to others, he’s a criminal.
Throughout the trial, Azaria legal team defended his actions, claiming he shot Abdel Fattah al-Sharif in a snap decision, believing the attacker, who Azaria said was slightly moving, may have been armed with a hidden explosives vest or could have lunged for his knife. Prosecutors claimed there was no obvious danger from the critically injured attacker, who had been shot by another soldier and whose knife was more than 80 centimeters (2.5 feet) away, and that Azaria shot Sharif in the head to avenge his comrades, one of whom was injured in the attack.
If an appeal is not lodged by August 9, Azaria will be required to begin his prison sentence. Despite being released from the army earlier this month, Azaria will serve his 18-month sentence in a military prison.
The pardoning process for presidents is an arduous one compared to that of the chief of staff, and would require recommendations from the IDF’s chief prosecutor, the head of the IDF’s Manpower Directorate, the chief of staff, and the defense minister.
Two of the five judges on the court’s panel made up a minority opinion that called for a harsher sentencing for Azaria, saying he should have received between 30 and 60 months in prison, instead of the 18-48 range that the majority had agreed upon.
The minority opinion also appeared to oppose the prospect of a pardon, noting the importance of an independent law enforcement body that should not be immediately superseded by politicians.
Speaking outside the courtroom at the Kirya military headquarters in Tel Aviv, chief prosecutor Lt. Col. Nadav Weissman pointed out that two courts, composed of eight different judges, all found Azaria guilty.
He praised the military appeals court for making clear the importance of ethics in Sunday’s ruling, “especially the purity of arms,” an Israeli military term for the use weapons only when necessary.
Times of Israel staff contributed to this report
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