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The Jerusalem Post

State Attorney condemns incitement in case of suspected Oct.7 terrorist's murder

 
 Hamas terrorists who were caught during the October 7 massacre and during the IDF operation in the Gaza Strip, seen at a courtyard in a prison in southern Israel, February 14, 2024 (photo credit: Chaim Goldberg/Flash90)
Hamas terrorists who were caught during the October 7 massacre and during the IDF operation in the Gaza Strip, seen at a courtyard in a prison in southern Israel, February 14, 2024
(photo credit: Chaim Goldberg/Flash90)

"Any attempt to portray the State Prosecution as going after IDF soldiers who have defamed themselves, whether in regular service or in the reserves, is shameful and, above all, grossly untrue."

State Attorney Amit Eisman wrote a letter on Monday evening about the investigation against the three suspects in the killing of the Nukhba terrorists. In the letter, Eisman wrote that correspondence was found with clear statements and descriptions regarding the manner of the killing, the reaction of the terrorists when they were beaten and before being killed, and the soldier's feeling of satisfaction upon their death.

In addition, Eisman harshly criticized those who attacked the public prosecutor's office for investigating the case, and said that "any attempt to present the public prosecutor's office as pursuing IDF soldiers - who brought this upon themselves - is shameful."

"Last week, with approval, I initiated proceedings against three suspects regarding two incidents where they were suspected of causing the death of individuals suspected to be terrorists. I made this decision after reviewing the evidence collected by the investigating authorities and was convinced that there was reasonable suspicion to question all three, necessitating an investigation. I did so based on the opinions of the Deputy Attorney General (Criminal) and the District Attorney of Tel Aviv (Criminal), who also both examined the materials, and subsequently we all agreed that the circumstances required further investigation, as stated in the letter.

"At the center of the incident stands R., who is detained pending the conclusion of proceedings in another case where he is accused of serious offenses. The evidential burden gathered information against R, raising reasonable suspicion against him. This includes, among other things, visual documentation showing R and another individual assaulting a person with blows to the head, in close proximity to R's vehicle. There is correspondence accompanying the video where R mentions his satisfaction with the death of that person. Forensic findings linking R to a body discovered later in the Sde Teiman detention camp were found in R's vehicle, though it has not been certified. There were also statements made regarding the deceased's death.

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 Hamas' Nukhba Brigade commander, Muhammad Nasir Suleiman Abu-Namr being interviewed by the Shin Bet, February 8, 2024. (credit: screenshot)
Hamas' Nukhba Brigade commander, Muhammad Nasir Suleiman Abu-Namr being interviewed by the Shin Bet, February 8, 2024. (credit: screenshot)
"Also at the center of the incident is the suspect S, who was investigated due to reasonable suspicion against him  based on text messages he sent to others, in which he allegedly confessed to killing a number of terrorists whom he and others caught alive, as well as severe acts of violence committed against terrorists outside of combat.

"Among other things, the correspondence contained clear statements and descriptions regarding the manner of death of the victims, the reactions of the Hamas terrorists when struck but not yet killed by him, and his satisfaction with his actions leading to their death. From the evidential burden, it emerged that if these events did indeed occur, they were not carried out with the aim of merely neutralizing any of those suspects.

"These are suspicions that naturally formed the basis for the decision to initiate an investigation based on the  standard procedures of reasonable suspicion. The final decision in the case will be made, as customary, only after the investigation is concluded and all evidence is examined.


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Campaign of harassment

"As a result of this decision, an unprecedented campaign of incitement and defamation has been launched against the prosecution in general, and against prosecutors who did not oversee the mentioned investigation, and their names have been unjustly associated with it. It seems that there are no boundaries that have not been crossed.

"I do not intend to put up with compromising the safety and security of the entire attorney's office and its attorneys. Complaints that we submitted in this matter to the Israel Police will be investigated. At the same time, we will continue to work to ensure the safety and good name of these attorneys.
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"These days we mark nine months to the "Iron Swords" war. Sadly, the employees of the attorney's office also lost their loved ones and many of them were evacuated from their homes. On October 7, the excellent people of the State Attorney's Office did not hesitate for a moment and joined the fighting on all fronts, risking their lives. The men and women of the attorney's office served and continue to serve the state as part of the reserve system, along with the daughters and spouses of many employees who have carried and continue to carry that burden, thus enabling the women and men of the reserve to fulfill their duty.

"Prosecutors work day and night in maintaining the legal security of the State of Israel, accompanied by an investigation against suspects of harming the security of the state and its citizens, filing indictments against instigators, terrorists, protecting the state's assets and its good name.

"Any attempt to portray the State Prosecution as going after IDF soldiers who have defamed themselves, whether in regular service or in the reserves, is shameful and, above all, grossly untrue. We have always based our decisions solely on the evidence presented before us. This has been and will continue to be our approach. The campaign of incitement cannot divert us from our path. We will continue to pursue the truth fearlessly and impartially. I stand in solidarity with all of you and specifically with those prosecutors mentioned." 

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