AG: IDF deserter to get military burial

Following parents' High Court petition, Weinstein rules soldier killed in road accident to be buried like any other fallen soldier

Aviad Glickman|Last update: 06.29.10 , 11:32

Attorney General Yehuda Weinstein decided Tuesday that Israel Defense Forces soldier Yair Sasson, who was killed five days ago in a road accident during desertion from army service, will be buried in a military cemetery.

The soldier's parents petitioned the High Court of Justice against Defense Minister Ehud Barak, who had ordered the army not to bury the soldier in a military cemetery.

The attorney general told the court in a statement that a deserter who had been absent from the army 25 days before his death was still a serviceman and therefore must be buried in a military service by law.

"Justice has been made," the soldier's father, Yaakov Sasson, said in response to Weinstein's statement.

Attorney Shlomi Tzipori, who represented the family together with Attorney Shlomo Rechavi, said in response: "It's a shame that the IDF had to drag the family to the Supreme Court in the midst of its tragedy. We are happy that the attorney general made it clear to the IDF that the Knesset laws come first and that the army cannot make up orders.

"Any soldier killed during his military service is entitled to be buried in a military section. The family was convinced that its claim was justified. They fought for their son's right to be buried in a military cemetery."

He slammed the army, saying that "the IDF treated the family with obtuseness and insensitivity. The army turned its back on the family, a family which has two daughters serving in the IDF."

Scene of accident, Friday (Photo: Herzel Yosef)

'Decision questions army's authority'

A senior IDF source said in response that the decision "questions both the commanders' authority and the military policy and may have a bad influence in the future."

He explained that "separating between soldiers who fell during their service – even if they were on leave – and those who were killed while refusing to fulfill the army's orders is the right and appropriate thing to do."

According to the military source, "The IDF recognizes the importance and sensitivity of this issue. Therefore, soldiers who die while on vacation are also buried in a military cemetery, despite the criticism and unavoidable comparison between them and soldiers killed in battle.

"It's unthinkable that the same rule should apply to a soldier who was absent from military duties without authorization. What should a family that lost its son in battle feel when a soldier decides he should serve and is buried just like its son."

Former Personnel Directorate head Major-General (Res.) Yoram Yair said, "Sasson deserted, losing his right to be included among IDF's fallen soldiers."

The IDF refused to bury Sasson in a military cemetery due to the desertion, despite his parents' demands.

In the petition, the parents claim that throughout his military service Sasson had a difficult time adapting and suffered from medical problems. According to them, Sasson repeatedly asked his commanders for help but was ignored. They said that as a result of his difficulties, Sasson had been absent from his unit for about a month.

According to the parents, Sasson returned to his base and was promised that a solution would be found to his problems. However, he deserted his base again when, according to the Sasson family, the promise was not kept.

The Sasson family admitted that their son had been absent from the army since May 27, but claimed he was in regular contact with his commander and was due to return to his base on Sunday.