Prison guard could face criminal charges for abuse accusation due to 'selective enforcement'

Moshe Toito, a veteran warden in Megiddo prison, had been seen as an exemplary trainee in a prestigious course, and had served 12 years in the prison service. Prior to this, he served for 12 years in Golani. However, he may lose his job following his involvement in a violent incident. 

A security detainee, after resisting his orders, cursed him and raised a hand against him. The legal entanglement has been ongoing for the past year, even though the terrorist himself did not file a complaint against the outstanding warden.

From a memorandum written on the incident, the terrorist reportedly threatened to kill and rape Toito's daughters, before resisting his orders. The incident happened in the view of the security cameras at the correctional facility, lasted less than a minute, and was followed by the opening of an investigation against him following a memorandum by Toito himself about the use of force. Following the investigation, the case developed into criminal charges and a trial, which is currently reaching its climax.

The terrorist was examined immediately after the incident, and no injuries were found. Afterward, he did not file a complaint and refused to do so even after he was released from prison to the territories and was located by phone call. All he said in that conversation was that a guard pushed him, he was more interested in the jacket he was wearing that day, which he said he never got it back from the prison service.

According to the indictment filed by the North District Attorney's Office, Toito handled the terrorist while serving as the wing's sergeant. There is no dispute that the detainee cursed him and threatened him, this is part of the indictment. Toito's defense attorneys claim that the racist threat was accompanied by a threatening hand gesture, including the words "I will fuck you, you take off my handcuffs and I will fuck you, your family, maniac Jews." Toito It is accused that in response he pulled the detainee, pushed him, put his hand around his neck, twice, and hit him in the face several times while the detainee continued to curse him. In addition, the prosecution insists on charging him with the offense of obstruction of justice.

"The process is destroying his life," Tuito's defense attorneys argued The 42-year-old, the sole breadwinner of his four children, and said that due to the events that occurred during his service, he needed mental health care. In order for him to fit in and get along with the prosecutor's office and while trying to divert from the violation of the defendant's rights," argued the defense attorneys, attorneys Etti Kharif and Kobi Levy.

"That detainee is a resident of the territories, a terrorist who has been convicted five times by official definition, who has many violent offenses even inside the prisons, against whom there is intelligence information and he is defined as a problematic prisoner, and this in front of a defendant who is a valued and outstanding warden."

Prison guard supported by colleagues in his case

He received full support from his commanders, including for the incident that is the subject of the indictment, who believed that he used reasonable force under the circumstances and per his training. "I'm the one who reported the incident, if I hadn't written this memo, we wouldn't be here," Toito told Judge Ruth Spielberg Cohen.

"There was no forgery and there was no false document, I am the one who reported the incident. I know where the cameras are located in the prison, I know there is a camera above me, I am old enough to know. If I felt that I had done something wrong, I would not have reported it and I would not be here, because there is no prisoner complaint either. I'm sorry to say it in such a way, I feel that I was taken as a flag bag."

The lawyers claim that this is a selective enforcement, while hundreds of similar cases do not reach the court. "Besides countless investigative failures, selective enforcement, the State of Israel has chosen a terrorist and manipulates the jailer, including hiding security cameras and making loud statements in the court corridor about the 'special relationship' between the judge and the prosecutor's mother. We recently filed a complaint about this as well," says Kharif Lavala about the conduct of the case.

"Surprisingly, and following the filing of the indictment against him, the head of the prison service decided to cut off his livelihood and not to extend the jailer's service. It should be remembered that this is a prison guard who served in the Security Service for 12 years and throughout his years of service he excelled, with his personal and disciplinary files clean of any blemish. He had the full support of his commanders, including for the incident that is the subject of the indictment, who believed that he used reasonable force under the circumstances of the matter and in accordance with his training.

Note that this was the procedure in the prison service when an indictment was filed against a prison guard in the past, an invalid procedure, undermining the presumption of innocence that exists for every person. Following this, a petition was submitted to the Central District Court under the direction of Attorney Kobi Hatan, in which the court was asked to annul the decision of the head of the AMS, both on the merits of the matter and due to various flaws in its decision.

"A day before the hearing on the petition, the CBS decided to extend the petitioner's service anyway, in the first stage by several months, and then it was extended until the judicial decision in the criminal case opened against him. A few weeks later, the CBS Commissioner issued an innovative 'Commissioner's Letter' and decided that The presumption of innocence will apply to the entire SHS staff in cases where a case is pending for suspected use of force offenses within the scope of the position, and that it will be possible to be promoted to the rank of warden, even when a case is pending against him as mentioned. I have no doubt that this procedure came into existence thanks to our referral."

On behalf of the SBS, it was stated: "SBS prison guards routinely deal with security prisoners and other dangerous populations. In order to enable professional and determined work in the face of these complexities and challenges, the Commissioner of Prisons has determined that in cases of suspected use of force, the prison guard may request that the criminal procedure not will harm his promotion or the length of his service extension. These requests are examined by a professional committee and decisions are made against the circumstances of each case."

The response of the North District Attorney's Office: "The indictment was filed after a professional weighing and examination of the evidence received, and these days the case is being handled in court. The statements attributed to the attorney's office are statements that were not made and are without merit."