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Photo: IDF Spokesperson's Office
Sentence handed down was among harshest during intifada (Illustration)
Photo: IDF Spokesperson's Office

IDF soldier sentenced to 4 months

Soldier fired at Palestinian vehicle, killing one occupant, and lied to investigators

An Israel Defense Forces soldier who opened fire at a vehicle in the West Bank, killing one of the Palestinian passengers, was sentenced Wedensday to four-and-a-half months in prison.

 

He was also demoted from staff sergeant to private.

 

In the incident, the soldier violated IDF rules of engagement by opening fire without any warning shots at the vehicle that bypassed a military roadblock. He also confessed to lying to investigators in an attempt to cover up for his actions. 

 

In comparison to similar cases, the sentence by the IDF Northern Command military tribunal is one of the harshest given to a soldier during the intifada.

 

The soldier was convicted of causing death by negligence, giving false information and improper behavior.

 

The incident in question took place on June 8, 2003, when Nabil Ahmad Jardaat, a resident of the West Bank village of Sila al-Hartaya, was shot and killed. According to the letter of indictment, the Golani Brigade soldier was standing at a roadblock next to the village of el-Yamon, which is in the Jenin area, and he opened fire at a vehicle that bypassed the checkpoint.

 

Soldier had a rifle with a telescopic sight

 

The soldier opened fire in violation of IDF rules of engagement, which require preliminary action such as warning shots and shots at the vehicle's tires. The shots were fired from an M-16 rifle with a telescopic sight. Jardaat was wounded and died.

 

According to the indictment, the soldier attempted to conceal the truth with a cover story he gave to the battalion commander during the investigation. In that version, the soldier claimed he fired a number of shots in the air at an angle of 60 degrees, and that a fellow soldier with him fired a single bullet in the same manner. The two coordinated their versions of the event ahead of the investigation.

 

Three months later, during the military police investigation of the incident, the accused rescinded the earlier version of events.

 

The soldier, who recently completed his compulsory military service in the IDF and who is described by his commander as an excellent soldier, confessed to the charges against him as part of a plea bargain between the prosecution and defense, according to which the charges were updated to include providing false information during the investigation. Rather than being charged with impending an investigation, the soldier was charged with improper behavior.

 

According to court's decision, the Palestinian was wounded in the head, and when soldier and his friend saw an ambulance arrive, they understood the man was wounded. At this point they coordinated the false account of the incident. But the judges also pointed out that the incident took place at a time when there warnings of plans by terrorists to carry out an attack in the area.

 


פרסום ראשון: 02.24.05, 08:47
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