Prosecutors want 3-5 years in prison for Hebron soldier
Elor Azaria’s refusal to show regret for shooting a disarmed, injured Palestinian attacker could influence sentencing
Military prosecutors are likely to ask that an IDF soldier convicted on manslaughter for killing a mortally wounded, disarmed Palestinian attacker be sentenced to 3-5 years in prison in a case that has deeply divided the nation, a television report said Thursday.
On January 4 the Jaffa Military Court convicted IDF Sgt. Elor Azaria, 20, of manslaughter in the fatal shooting last March of Palestinian stabber Abdel Fattah al-Sharif in the West Bank city of Hebron. An IDF soldier was injured in the attack and another Palestinian attacker killed.
The conviction sparked an angry debate in Israel, with many saying he was just doing his duty and that he was scapegoated by the army. Threats were made against the military judges.
Azria’s defense lawyers have said they will appeal the conviction.
IDF prosecutors have held intensive deliberations in recent days in an effort to put together their stance ahead of Tuesday’s sentencing hearing, and will seek a prison term of three-to-five years, Channel 2 reported.
Most likely, the report said, was that prosecutors would ask for three years due to the circumstances.
Azaria’s mother collapsed upon hearing the Channel 2 report and had to be administered medical treatment, reports said.
Expected to influence the prosecutor’s demands are Azaria’s refusal during his trial to admit he was wrong or show contrition for the shooting, and, conversely, his stellar service record up until that point.
Azaria, who arrived at the scene 15 minutes after the stabbing attack, said he opened fire because he believed that Sharif, who was slightly moving, still posed a threat to security forces in the area as he may have been wearing an explosive belt. A panel of three judges rejected his claims, highlighted inconsistencies in his defense and assessed that revenge was a motive in pulling the trigger.
The TV report said there have been contacts between the prosecutors and Azaria’s defense team in an effort to reach an agreement but that the gaps between them remain large and were unlikely to be resolved before the hearing next week.
Many right-wing politicians, including Prime Minister Benjamin Netanyahu, have called for Azaria to be pardoned, as has former Labor Party leader MK Shelly Yachimovich (Zionist Union).
By law, there are two ways Azaria may obtain a pardon. All convicts, including soldiers, can appeal to the president, Reuven Rivlin. Soldiers can also turn to the IDF chief of staff, Lt. Gen. Gadi Eisenkot, who has the legal power to issue pardons for active-duty personnel.
Rivlin has said he would only consider a pardon after Azaria’s legal appeals are exhausted.
