Anti-pullout soldier's sentence annulled
Navy non-commissioned officer sent to prison for requesting early termination of military service due to upcoming disengagement plan
TEL AVIV - The IDF has decided Sunday to annul a military court's decision to send navy officer Edan Troinovsky to 28 days in prison for insubordination.
A military court sentenced Sergeant-Major Troinovsky, a non-commissioned officer, to 28 days in prison after he requested to shorten his army service to avoid taking part in an upcoming withdrawal of Jewish settlers from Gaza and parts of the West Bank.
He also refused to participate in a recent military exercise that was held in preparation for the planned pullout.
IDF sources told Ynet it was decided to accept Troinovsky's claim that he did not understand the significance of his insubordination. However, if he would refuse to participate in any future disengagement-related military activity, he will be tried for a second time, they said.
Troinovsky's attorney, Shai Galili, said his client had not refused an order but only asked that his service be reduced.
"The IDF chose to send him to jail to deter others," he told Ynet. "This is against the law, and if the sentence would not be dismissed, we will file a plea with the Supreme Court."
Last week Troinovsky, who is set to be officially released from military duty in October 2005, refused to participate in an exercise in preparation for the disengagement, claiming he was not supposed to be a part of the force training for the pullout, set for August.
Call to 'refuse orders'
Staunch right-wingers oppose Israel's plan to evacuate all 21 settlements in the Gaza Strip and four of 120 in the West Bank this summer, claiming the lands as theirs by biblical birthright. Settler leaders have called on troops and reserve soldiers to refuse to take part in the withdrawal.
A few weeks ago, the IDF agreed to relieve a Golani Division officer of his duties after he had asked not to take part in the disengagement. Golani Division Commander Colonel Erez Zuckerman said at the time the officer's request did not constitute insubordination because it had to do with a future, rather than an imminent, military operation.
However, during a recent Golani Division convention, some said the officer should have been tried and sent to jail.
