Settlers beating Palestinian in Asael
צילום: אסף ואפרת
Settlers charged with assaulting Palestinian placed under house arrest
(Video) Supreme Court orders release of settlers who kidnapped, severely beat Palestinian farmer from police custody, saying house arrest far from their Hebron area will reduce risk they will commit similar crimes
VIDEO - The Supreme Court reversed Sunday a previous ruling by the Beersheba District Court and determined that the three Jewish settlers from the south Mount Hebron area who are accused of kidnapping and beating a Palestinian will be placed under house arrest.
Incident at Asael outpost (Video: Assaf and Efrat, ISM)
The presiding judge said the decision to place the settlers under house arrest in Beersheba and Jerusalem was based on the fact that their motive for committing the act was "ideological" and therefore relocating them from the West Bank would reduce the risk that they would commit similar crimes in the future.
According to the indictment, about a month-and-a-half ago a group of Palestinian farmers arrived at a field located some 400 meters (about 1,300 feet) from the Asael outpost, home to settlers Lior Ben-David, Mordechai Azuriel and Eyal Rahamim. One of the Palestinians, Madahat Abu-Kirash, dropped a lit cigarette, igniting a fire; he then asked Rahamim for water to extinguish the blaze, at which point, according to the prosecution, the settlers accused him of deliberately starting the fire and began chasing him.
After catching up with the Palestinian, the settlers allegedly beat him with sticks, pulled off his shoes, tied his hands together and dragged him to an electrical post near their homes. The indictment said the Abu-Kirash lost consciousness, adding that when IDF soldiers arrived at the scene one of the settlers shoved a soldier who belongs to a minority group and insulted him.
The settlers were detained and later charged with kidnapping with intent to harm, assault, aggravated assault and assaulting a public official.
Evaluations prepared at the Supreme Court's request determined that the three settlers could be placed under house arrest and stay at their relatives' homes in Jerusalem and Beersheba, where they would not pose a threat, but the District Court ruled that they must remain in police custody due to the "severe acts of thuggery they committed, which indicate a lack of control over their anger".
The settlers, through attorneys Ariel Atari, Benny Nahari and Yossi Lin, appealed to the Supreme Court against the District Court's decision, claiming they should be placed under house arrest in light of the positive evaluations.
Supreme Court Justice Asher Grunis overruled the District Court's decision, saying that "while the setters' actions were cruel and displayed contempt for the law, if, as the State claims, their actions were ideologically-motivated, then relocating them from their homes and (placing them under house arrest in Jerusalem and Beersheba) will reduce the possibility that they will commit similar acts".
