High Court orders JAG to reconsider punishment of battalion commander and soldier in Ni'lin incident Date: 08-10-2008
Author: B'Tselem
High Court orders JAG to reconsider punishment of battalion commander and soldier in Ni'lin incident

On 28 Sept. '08, the Israeli High Court of Justice heard the petition filed by Ashraf Abu Rahma – who was by a soldier in Ni’lin while he was bound and blindfolded – and four human rights organizations (B'Tselem, the Association for Civil Rights in Israel, the Public Committee Against Torture in Israels, and Yesh Din).

The petitioners claimed that the offense of "unbecoming conduct", for which the military Judge Advocate General’s Office decided to prosecute the battalion commander, who ordered the shooting, and the soldier, who fired the bullet, was too light, in part because a conviction on that charge is not recorded in the criminal register. The petitioners demanded that the indictment be amended to reflect the severity of the act, in which the defendants allegedly threatened to cause intentional injury, psychologically abused the victim, and fired a weapon at a bound, helpless person who was under their responsibility.

The justices ordered the JAG's Office to reconsider its decision to charge Lt. Col. Omri Borberg and Staff Sgt. L with this offense alone, and to inform the court of its decision within 40 days.

Back to News List