Court orders JAG to reconsider charges against Naalin commander
In light of appeals made by rights groups demanding that regiment commander involved in Naalin shooting incident be charged with offense more serious than conduct unbecoming, court gives IDF 40 days to reexamine case
The High Court of Justice has ordered Judge Advocate General (JAG) Brigadier-General Avi Mandelblit to reconsider his decision to charge Lieutenant-Colonel Omri Burberg solely with conduct unbecoming. The order followed petitions filed by human rights groups demanding more serious charges be brought against him.
Lt.-col. dismissed from position due to shooting incident involving bound Palestinian protestor contests petition filed by rights activists demanding more serious charges, claims his motives were not criminal
The court ordered the JAG to pay more attention to the comments made during the court hearing against the Naalin regiment commander, and to submit his final decision within 40 days.
Deputy State Prosecutor Shai Nitzan asked the court to reexamine the order, asking whether the JAG's decision was rare or unbelievable enough in order to justify the delay in the proceedings.
Nitzan further claimed that the court's intervention in the charges is unprecedented, and that it is inappropriate to begin to intervene at this time.
During a court hearing Nitzan remarked that the commander's actions in the Naalin shooting incident were flawed, but reminded the court that he was operating in a very stressful and difficult environment.
He added that the commander had already admitted to wrongful conduct, merely claiming that his motives had not been criminal.
Attorney Limor Yehuda of the Association for Civil Rights in Israel (ACRI) claimed during the hearing that the JAG's decision lacked reason, and that the charges should be altered to imply a more serious criminal offense.
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