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Attorney Shahar Hatzroni
Photo: Amit Magal
Attorney Ruby Sharabi

Troops get off easy for forcing prisoners to eat snacks

Four soldiers convicted of overstepping authority when they forced Palestinian detainees to eat snacks get off easy. Jaffa Military Court demotes them in rank, fines them NIS 1,800 even though the four did 'damage to IDF's image.' Military Advocacy believes sentence too light, considers further steps

The light punishments handed down to soldiers from the Kfir Brigade for their involvement in abusing Palestinian detainees and force feeding them snacks. Four of the five defendants in the case, known as the "Bamba Affair," were demoted Sunday by one rank and fined NIS 1,800 (about $470).

 

The judges in the Jaffa Military Court noted that though the soldiers' actions were angering and tainted with scorn, cruelty, and degradation, the amount of time that has passed since the incident was taken into consideration. In addition, the judges said that they heavily considered the fact that the soldiers served as combat soldiers and took part in operational activity. Another factor contributing to the light sentences is that the soldiers expressed regret over their actions.

 

The Military Advocacy expressed their discontent with the light sentence, claiming that it does not reflect the severity of the soldiers' offenses. The prosecutors expected that the judges would include in the soldiers' sentence, at the very least, military work, compensation to some of the Palestinians, and demotion to the rank of private. In the coming days, the Military Advocacy will discuss whether they will appeal the sentence.

 

The soldiers, on the other hand, felt that the sentence handed down to them was actually too severe. "I have been through three not-so-simple years, and I am finishing them with a very harsh feeling," said Sgt. (res.) A., "I never wanted to hurt anyone intentionally. Sometimes things get blow out of proportion. Even a punishment of being demoted a rank, which seems like a light punishment, is actually very painful."

 

'Abuse of authority'

The abuse took place in April 2006 when the soldiers transported 13 Palestinian detainees to the Military Court in Salam. During the ride, the soldiers tapped the detainees, who were handcuffed and blindfolded, on their shoulders and asked that they count off.

 

After this, the soldiers ordered the detainees to stand in a circle outside the vehicle and to grasp onto each others shirts. One of the soldiers even hit one of the detainees. The soldiers then forced the Palestinians to eat snacks. The soldiers proceeded to shove the food by force into the mouths of whoever did not comply on their own accord.

 

As part of a plea bargain with four of the five soldiers involved in the incident, it was decided to charge the soldiers with a minor offense – overstepping their authority – and not with the original offense they were initially charged with – aggravated abuse.

 

Two of the soldiers' lawyers, Attorney Ruby Sharabi and Attorney Shahar Hatzroni, noted that the soldiers served the country faithfully and that the incident was a one-time slip up. Therefore, they argued, the soldiers should be charged with symbolic punishment only. The Military Prosecution petitioned for a heavier sentence, including performing various military tasks.

  

The panel of judges, headed by Lt. Col. Roni Pinhas, ruled that the actual damage incurred by the defendants was large as it "damaged the image of the IDF and the State of Israel. These actions were carried out as a blatantly negative use of force and authority associated with the defendants' roles while damaging the military and its discipline."

 

However, the judges ruled that given that the military proceedings against the soldiers had carried on for quite some time, that, in the meantime, the soldiers had served as combat soldiers, and that most of them had already been released from the IDF, the actions were not characteristic of them.

 


פרסום ראשון: 11.29.09, 21:25
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