Center for the Defence of the Individual - HCJ 7195/08 - Abu Rahme et al. v. Brigadier General Avichai Mandelblit, Military Advocate General Judgment
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01.07.2009|Judgment|Judgment / Supreme Court

HCJ 7195/08 - Abu Rahme et al. v. Brigadier General Avichai Mandelblit, Military Advocate General Judgment

Judgment in a petition filed by human rights organizations and a Palestinian man who was shot by a soldier in Na'alin while shackled and blindfolded, to instruct the Military Advocate General to amend the indictment against the shooting soldier and his commander. The petition was granted. The HCJ rules that the decision to try the soldier and his commander for "misconduct" was extremely unreasonable and that harming a detained, bound and helpless person is a grave and cruel offense, requiring a suitable punitive response. Justice Procaccia adds that "the seriousness of the incident in normative-moral terms is extreme and aberrant" and that ordering the use of live fire against a bound prisoner was patently unlawful.

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