Military court convicts officers for failing to stop soldier's suicide
IDF judicial system sets precedent as two officers are found directly liable for soldier taking his own life in 2006 incident. Conviction made possible as part of plea bargain
A Military Court convicted two officers Thursday for failing to stop a solider form taking his own life. The case and its subsequent conviction were a judicial first for the Military Advocate General.
The officers – a company commander and his deputy, pled guilty to negligence as part of a plea bargain. The court also ordered one of them be demoted from rank of lieutenant to that of second lieutenant. The conviction carries no permanent criminal record.
The incident took place in August of 2006 in the Judea and Samaria Division's engineering battalion, when the soldier, Corporal A., held a gun to his mouth and threatened to pull the trigger.
His friends were able to stop him and he was placed under guard, without access to his weapon. He later cited his girlfriend's plans to leave him as the reason for the failed suicide attempt.
A.'s comrades reported the incident to the company commander and his deputy the next day. The commanders then spoke with A., who claimed he no longer intended to harm himself.
The company commander reported the incident to his superior and the resident mental health professional a few hours later. While doing so, he left his deputy to guard A. At some point, the deputy left the room, leaving his weapon behind. A. seized the weapon and shot himself.
The Military Advocate General decided to make an example of the case, opting originally to file negligence homicide charges against the officers and later amending the indictment.
The company commander was cited for not informing his superior and the resident mental health professional of the incident immediately, for failing to make sure A. was constantly observed and for leaving a weapon unattended.
The judging panel, headed by Captain Carmel Wahbe, found the officers guilty of breach of protocol and sentenced both to base-bound labor for one month.
Lieutenant-Colonel (Res.) Attorney Oded Savorai, who represented the company commander, told Ynet that the punishment was fitting, and that the fact that his client will not have a criminal record is evidence of the court's belief that he was not responsible for A.'s death.
