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al-Sharifs killer Elor Azraya
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Abdel Fattah al-Sharif 21
Ramsey Qasrawi 21 March 24 2016 |
12 july 2016
Lt. Col. David Shapira who commanded Elor Azaria's brigade provided testimony accusing Azaria of not telling the truth, changing his version of events; Defense argue Shapira changed his own account of details of the case.
Lt. Col. David Shapira, the former commander of the Kfir Brigade's Shimshon Battalion, asserted Tuesday that Sgt. Elor Azaria, who is currently on trial for shooting dead a neutralized terrorist in Hebron, did not tell him the truth when questioned about the incident.
Shapira's testimony at court on Tuesday corresponded with the testimony he gave to the IDF's Criminal Investigation Division (CID), in which he claimed Azaria's shooting of the seriously wounded terrorist Abed al Fatah a-Sharif lacked operational justification.
Lt. Col. Shapira, who currently serves as a battalion commander at the IDF's Officers' Training School, began by describing the hardships and challenges the soldiers serving in the Hebron area face. He praised Azaria's character, saying "Elor stood out in the company and made an effort throughout his entire training. He was selected for recognition as an outstanding soldier of his company, and proved to be one of the best soldiers in the battalion. He did not have any disciplinary issues."
The battalion commander went on to say, "In the weeks preceding the incident, his father Charlie called me and said Elor was struggling with the burden of his new position, that the smile disappeared from his face. The fact that he was both a company medic and a signal operator affected him."
Turning to the incident itself, Lt. Col. Shapira said, "The first report we received was of a wounded soldier, a wounded terrorist and a dead terrorist. The Yehuda Brigade commander's orders were to evacuate the terrorists as quickly as possible, whether they're alive or dead, and this was my instructions to the company commander.
"When I got to the scene of the attack, both terrorists seemed pretty done for. The company commander briefed me on the situation. He didn't brief me about Elor's shooting at that point,” he continued. “I divided the troops on the scene so they could close it off from all directions and evacuate the terrorists. When I passed by the two terrorists, I didn't see anything that required them to be 'cleared' by a bomb disposal expert, so I instructed that they be evacuated."
"While I was giving the instructions,” Shapira elaborated, “the brigade commander approached me and said he received a report from the head of security of the Jewish settlement in Hebron about an unusual shooting at one of the terrorists and asked me to look into it. I asked the company commander if there was anything unusual in general after the neutralization of the terrorists, and he told me the incident was far graver than I thought.”
"He told me he first dealt with closing off the scene and then saw the terrorist moving. Several seconds later, before he had a chance to do anything (about the terrorist moving —ed.), he saw the terrorist's skull shatter 60 centimeters from him. He was told that Elor was the one who fired the shot. According to the company commander, Elor told him: 'He's a terrorist and he should die.'"
An hour and a half after the incident, Lt. Col. Shapira had a one-on-one conversation with Azaria. "I asked him why he shot (the terrorist) and he answered that he saw the terrorist move his head and that there was a knife close to him. I asked him, 'You were close to him, why didn't you go and kick the knife away?' Elor said 'I felt in danger.' I told him I thought he was not exactly telling me the truth, as soon after the incident, he told the company commander something completely different. I told him that because of the severity of the incident, he was suspended from serving in a combat capacity pending the conclusion of the investigation into the incident."
The battalion commander asserted that "this was an unusual incident because the shooting was not done in the initial stage of the incident, when the force was attacked, but at the point when the terrorist did not pose a threat. So this was shooting at a wounded terrorist who did not pose any danger."
Shapira rejected claims that Azaria had feared that a bomb could be detonated: "Elor didn't mention in that conversation with me he was worried about a bomb, just about a knife that was close to the terrorist. The rules of engagement differentiate between certain identification of an explosive and a suspicion of the existence of one," Shapria said. "No one informed me of a concern of an explosive belt. I didn't see anything unusual about the terrorist."
Azaria's lawyer, Eyal Besserglick, accused Shapira of "not preparing for or talking about the issue of dealing with an explosive."
"We went through the rules of engagement with the soldiers and emphasized that you open fire only in a situation in which there's a means, intention, and ability (to attack) and it is sufficiently comprehensive for a soldier to know if he's allowed to open fire in a life-threatening situation," he retorted.
Besserglick then accused Shapira of changing his testimony from his version to the CID, "you're changing it from 'we didn't talk about the issue of dealing with an explosive belt' to 'we didn't emphasize the issue.'"
Shapira maintained however, that there was no difference in his testimony. "I have no doubt that during our time in the Hebron area before the incident, Elor was present in at least one briefing about the rules of engagement. The main threats we dealt with in the briefings were stabbing and shooting. Even if there was a knife nearby, the shooting was not justified because Elor could have kicked it away. In all of my briefings to the soldiers, I talked about the exception in the rules of engagement when it came to opening fire at a wounded terrorist."
Responding to claims put forth by the defense team that Azaria was ordered to gather parts of the terrorist’s brain after the shot was fired, Shapira said, “Elor spoke to me an hour and a half after the incident when he was agitated and upset. It is normal procedure to clean the area in order to return life to the road. There is nothing wrong with this.”
Besserglick’s claimed that the company commander told Azaria an hour and a half after the incident: “I don’t need a soldier like you. You are not a soldier, you are a liar.” To this, Shapira replied, “I don’t see any problem in this. It was not a court-martial. I also know like you attorney to speak crossly. I also know how to speak in an angry tone like you, attorney. I spoke with him privately. I have no problem telling the soldier the truth to his face - that he lies and doesn’t tell the truth. Why didn’t he speak about the danger to the company commander?”
He added that, “On quite a few occasions we realize that soldiers change their version of events to their advantage because of the pressure. That is why the things that were said by Elor to the brigade commander immediately after the event (are important). I am sure that then and today there was no danger to his life.”
The defense requested during the proceedings that a video be shown of a terrorist attack in 2008 in Dimona in which a police officer, Kobi Mor shot to death a terrorist who was already neutralized but who was wearing an explosive belt. After this incident, the officer was awarded a medal by the police commissioner.
Shapira, however, rejected the parallels based on what he believed to be different circumstances. “No bomb disposal operation was conducted at this stage because nobody who was at the scene noticed a bomb. The existing orders, which also came up during the Brigade-wide evaluations of the situation in light of another event in which a wounded female terrorist was not treated, were that wounded terrorists should be evacuated from the scene without (clearance from a bomb disposal technician). I expected from Elor that if he noticed a bomb he would go to the commander standing next to him and tell im that there was a bomb and move away.”
Lt. Col. David Shapira, the former commander of the Kfir Brigade's Shimshon Battalion, asserted Tuesday that Sgt. Elor Azaria, who is currently on trial for shooting dead a neutralized terrorist in Hebron, did not tell him the truth when questioned about the incident.
Shapira's testimony at court on Tuesday corresponded with the testimony he gave to the IDF's Criminal Investigation Division (CID), in which he claimed Azaria's shooting of the seriously wounded terrorist Abed al Fatah a-Sharif lacked operational justification.
Lt. Col. Shapira, who currently serves as a battalion commander at the IDF's Officers' Training School, began by describing the hardships and challenges the soldiers serving in the Hebron area face. He praised Azaria's character, saying "Elor stood out in the company and made an effort throughout his entire training. He was selected for recognition as an outstanding soldier of his company, and proved to be one of the best soldiers in the battalion. He did not have any disciplinary issues."
The battalion commander went on to say, "In the weeks preceding the incident, his father Charlie called me and said Elor was struggling with the burden of his new position, that the smile disappeared from his face. The fact that he was both a company medic and a signal operator affected him."
Turning to the incident itself, Lt. Col. Shapira said, "The first report we received was of a wounded soldier, a wounded terrorist and a dead terrorist. The Yehuda Brigade commander's orders were to evacuate the terrorists as quickly as possible, whether they're alive or dead, and this was my instructions to the company commander.
"When I got to the scene of the attack, both terrorists seemed pretty done for. The company commander briefed me on the situation. He didn't brief me about Elor's shooting at that point,” he continued. “I divided the troops on the scene so they could close it off from all directions and evacuate the terrorists. When I passed by the two terrorists, I didn't see anything that required them to be 'cleared' by a bomb disposal expert, so I instructed that they be evacuated."
"While I was giving the instructions,” Shapira elaborated, “the brigade commander approached me and said he received a report from the head of security of the Jewish settlement in Hebron about an unusual shooting at one of the terrorists and asked me to look into it. I asked the company commander if there was anything unusual in general after the neutralization of the terrorists, and he told me the incident was far graver than I thought.”
"He told me he first dealt with closing off the scene and then saw the terrorist moving. Several seconds later, before he had a chance to do anything (about the terrorist moving —ed.), he saw the terrorist's skull shatter 60 centimeters from him. He was told that Elor was the one who fired the shot. According to the company commander, Elor told him: 'He's a terrorist and he should die.'"
An hour and a half after the incident, Lt. Col. Shapira had a one-on-one conversation with Azaria. "I asked him why he shot (the terrorist) and he answered that he saw the terrorist move his head and that there was a knife close to him. I asked him, 'You were close to him, why didn't you go and kick the knife away?' Elor said 'I felt in danger.' I told him I thought he was not exactly telling me the truth, as soon after the incident, he told the company commander something completely different. I told him that because of the severity of the incident, he was suspended from serving in a combat capacity pending the conclusion of the investigation into the incident."
The battalion commander asserted that "this was an unusual incident because the shooting was not done in the initial stage of the incident, when the force was attacked, but at the point when the terrorist did not pose a threat. So this was shooting at a wounded terrorist who did not pose any danger."
Shapira rejected claims that Azaria had feared that a bomb could be detonated: "Elor didn't mention in that conversation with me he was worried about a bomb, just about a knife that was close to the terrorist. The rules of engagement differentiate between certain identification of an explosive and a suspicion of the existence of one," Shapria said. "No one informed me of a concern of an explosive belt. I didn't see anything unusual about the terrorist."
Azaria's lawyer, Eyal Besserglick, accused Shapira of "not preparing for or talking about the issue of dealing with an explosive."
"We went through the rules of engagement with the soldiers and emphasized that you open fire only in a situation in which there's a means, intention, and ability (to attack) and it is sufficiently comprehensive for a soldier to know if he's allowed to open fire in a life-threatening situation," he retorted.
Besserglick then accused Shapira of changing his testimony from his version to the CID, "you're changing it from 'we didn't talk about the issue of dealing with an explosive belt' to 'we didn't emphasize the issue.'"
Shapira maintained however, that there was no difference in his testimony. "I have no doubt that during our time in the Hebron area before the incident, Elor was present in at least one briefing about the rules of engagement. The main threats we dealt with in the briefings were stabbing and shooting. Even if there was a knife nearby, the shooting was not justified because Elor could have kicked it away. In all of my briefings to the soldiers, I talked about the exception in the rules of engagement when it came to opening fire at a wounded terrorist."
Responding to claims put forth by the defense team that Azaria was ordered to gather parts of the terrorist’s brain after the shot was fired, Shapira said, “Elor spoke to me an hour and a half after the incident when he was agitated and upset. It is normal procedure to clean the area in order to return life to the road. There is nothing wrong with this.”
Besserglick’s claimed that the company commander told Azaria an hour and a half after the incident: “I don’t need a soldier like you. You are not a soldier, you are a liar.” To this, Shapira replied, “I don’t see any problem in this. It was not a court-martial. I also know like you attorney to speak crossly. I also know how to speak in an angry tone like you, attorney. I spoke with him privately. I have no problem telling the soldier the truth to his face - that he lies and doesn’t tell the truth. Why didn’t he speak about the danger to the company commander?”
He added that, “On quite a few occasions we realize that soldiers change their version of events to their advantage because of the pressure. That is why the things that were said by Elor to the brigade commander immediately after the event (are important). I am sure that then and today there was no danger to his life.”
The defense requested during the proceedings that a video be shown of a terrorist attack in 2008 in Dimona in which a police officer, Kobi Mor shot to death a terrorist who was already neutralized but who was wearing an explosive belt. After this incident, the officer was awarded a medal by the police commissioner.
Shapira, however, rejected the parallels based on what he believed to be different circumstances. “No bomb disposal operation was conducted at this stage because nobody who was at the scene noticed a bomb. The existing orders, which also came up during the Brigade-wide evaluations of the situation in light of another event in which a wounded female terrorist was not treated, were that wounded terrorists should be evacuated from the scene without (clearance from a bomb disposal technician). I expected from Elor that if he noticed a bomb he would go to the commander standing next to him and tell im that there was a bomb and move away.”
11 july 2016
After telling investigators that 'if I had known what Elor was about to do, I would have stopped him,' Sgt. M. says in court 'the interrogator yelled at me and was angry at me. I don't know if it was because I gave him answers that would help Elor.'
Two soldiers of the Kfir Brigade's Shimshon Battalion, who were with Sgt. Elor Azaria when he shot dead an already-neutralized terrorist, testified in court on Monday, with one of them, Sgt. M., saying "at first we thought was Elor did was grave, and only later did I realize there could have been a bomb on the terrorist. I realized Elor acted correctly, based on instinct."
Sgt. M., who is seen in a B'Tselem video of the incident receiving Azaria's helmet from him and is one of the few to have seen the shooting up close, also confirmed the testimony he gave to the IDF's Criminal Investigation Division (CID) according to which Azaria told him that because the terrorist stabbed his friend, he deserved to die.
In four different opportunities during his questioning by the CID, Sgt. M. testified that "if I had known what Elor was about to do, I would have stopped him," adding "He didn't seem to regret the shooting but he appeared to be stressed."
His testimony at the trial, however, was different. "I was in shock. I didn't really realize what was going on there. I didn't think Elor was going to shoot (the terrorist)," he said.
Sgt. M. had a hard time talking and asked to write what he wanted to say: "The state didn't back Elor. He's not a hothead. He's a good man who helps a lot."
Explaining the change in his testimony, Sgt. M. said that during his questioning at the CID, "the interrogator yelled at me and was angry at me. I don't know if it was because I gave him answers that would help Elor. There was a tensed atmosphere at the CID, the interrogator wouldn't let me go outside."
Speaking of his service in Hebron, Sgt. M. said, "even though we were not briefed about explosives, Elor and I were afraid of them (in general —YZ)."
"We were not drilled on terror stabbings or briefed on it, or on isolating the scene of an attack, or on how to deal with an explosive belt on a terrorist," Sgt. M. explained.
"The terrorist's coat was very inflated between his abdomen and chest area," Sgt. M. recounted. "A terrorist with such a warm coat was what raised suspicion. We kept our distance from the terrorist because he was not cleared by the bomb squad. I was scared and so were others."
Judge Col. Maya Heller pressed Sgt. M., "Who exactly were the ones scared? Earlier you said you weren't scared. Why the change?"
Sgt. M. responded, "I was scared and so was Elor. I wasn't scared during the incident itself, but after the incident I realized where the concerns had come from. Fear can manifest in several ways. One of the things I felt during the incident itself was stress. This could also be perceived as fear. The terrorist could not have gotten up and physically hurt us, but he could've set off a bomb."
He also claimed his testimony at the CID was influenced by the B'Tselem video showed to him during questioning, attributing it to the title of the video: "Soldier executes Palestinian lying down."
Judge Col. Heller pressed further, "But an hour and 20 minutes before that, even before you saw the video, you said you spoke to the defendant and told him the shooting was not proper and 'You shouldn't have done it.' Regardless of the video or its title, in the field, soon after the shooting, you told Elor the shooting was improper. Why was Elor's shooting improper, as you told him?"
Sgt. M. responded, "It appeared to me at the time, in the field, in that moment, that the shooting was improper. But I've now realized that I'm justifying his actions."
'I didn't feel like terrorist posed a danger to me'
Later, Sgt. A., a squad commander who was also on the scene, took the stand. His was a different version to Sgt. M.'s version.
"The terrorist was grunting or maybe convulsing. I didn't feel like he posed a danger to me. He may have been dangerous for other reasons. When there's suspicion of an explosive belt, we were instructed to keep our distance and apply the rules of engagement. I didn't feel in danger from this terrorist," he repeated.
However, he added that "the terrorists, as far as I knew, were not yet cleared (by the bomb squad) and that's why no one approached them. It's strange the bomb squad did not come to check the terrorists."
Sgt. A. accused the Kfir Brigade commander (Col. Guy Hazut) of "telling us something very inciting in the briefing: That the settlers were yelling (about the terrorists having explosives —YZ) without a reason, just so we don't treat the terrorists."
He read his testimony to the CID: "Elor told me after the shooting, 'My friend was stabbed, they wanted to kill him.' He said it as if in apology, emotionally."
"The atmosphere at the scene of the attack was to wait for the bomb squad... the police shouted there was a bomb disposal expert on the way. I didn't look at the terrorists so I would not be horrified by the sights," he added.
Sgt. A. went on to say that "in the days following the incident, the company commander, the battalion commander, the brigade commander and the IDF Spokesman's Office's representative spoke to us about the incident on several occasions and told us it was grave. This has an effect on me, when the commanders talk about the incident. Even the IDF chief of staff said this incident was wrong. I think the military needs to first and foremost back the soldiers, and come out against them only after an investigation."
Sgt. A. said Azaria was "sensitive, gentle and not quick-tempered. He was very quiet and family oriented. Not a guy who causes trouble. He wasn't a Beitar Jerusalem fan, or part of the La Familia fan group."
Elor's sister, however, previously described her brother as "a diehard Beitar fan" and photos on his Facebook page confirm this.
The fans of the Jerusalem-based soccer club have a long history of racist comments and violent outbursts, particularly against Arabs. A specific fan group of the soccer club, La Familia, is particularly notorious of its hate speech.
Battalion commander's testimony: 'Elor was panicked'
Azaria's battalion commander, Lt.-Col. David Shapira, is expected to testify on Tuesday. He is the most senior commander to testify who also spoke to Azaria following the incident.
"About an hour and a half to two hours after the shoot, I spoke to Elor for the first time, after consulting with the brigade commander and agreeing the soldier would come to me for a debrief," Shapira told ICD investigators in a lengthy testimony spreading over nine pages.
"We spoke next to the guard post at the Jilbar checkpoint, where the incident happened," Shapira continued. "I asked him why he shot (the terrorist) and he answered that he felt in danger because he saw the terrorist with a knife close to him. I asked him, 'So why didn't you go and kick the knife away? Why did you have to open fire?' And he said 'I felt in danger.' I told him I thought he was not telling the truth and that I did not consider the shooting justified, as the company commander was standing nearby and did not feel in danger. Because of the severity of the incident, I informed him he was suspended from fighting and that he will be taken for questioning with the brigade commander."
ICD investigator: "How did Elor react to this?"
Shapira: "To the best of my memory, he was pretty quiet, didn't say anything. He seemed a bit panicked."
Shapira stressed to investigators at this point that "the things Elor told me definitely contradict what he said after the shooting to the company commander, Maj. Tom Na'aman. (Azaria) told (Na'aman) he didn't feel in danger, which is contradictory to what he told me as an explanation for the shooting."
The prosecution is expected to use this testimony to show the changes in Azaria's claims within hours of the incident. At first, he claimed "He's a terrorist who tried to stab my friends, so he deserves to die." Later, he explained: "I felt in danger because he was close to the knife, and moved." And then he claimed he was "Afraid of an explosive belt on (the terrorist's) body."
The battalion commander did admit to not specifically addressing how to handle a situation in which a terrorist is carrying an explosive. "We spoke about what to do when there is danger, but we didn't specifically mention the explosive belt option."
When asked what should be done in such a situation, the battalion commander said, "If I see a terrorist about to set off the bomb, I would shoot to neutralize. If the terrorist was completely neutralized and there was no chance he could set off the explosive, I'd move everyone away and call for a bomb disposal expert to neutralize the bomb. These are strictly my instincts and how I understand the rules of engagement."
The battalion commander said Elor was an excelling soldier and combat medic, and was promoted as a consequence. "In the weeks that preceded the incident, his parents called and said the smile disappeared from his face because of the workload and the pressure. I rebuked the company commander who didn't address this immediately after I asked him to."
On March 24, two terrorists carried out a stabbing attack in the Tel Rumeida neighborhood in Hebron, moderately wounding one soldier. Both were shot and neutralized. One was killed and the other, Abed al Fatah a-Sharif, remained lying on the ground seriously wounded.
A B'Tselem cameramen who was filming the scene after the incident captured Azaria cocking his weapon and shooting a-Sharif, killing him.
Initial investigation found the shooting occurred six minutes after the incident and after other soldiers had already neutralized the terrorist.
Two platoon commanders and the company commander were rebuked by the Kfir Brigade commander for not treating the wounded terrorist and evacuating him to the hospital.
An investigation by the GOC Central Command found that Azaria decided to open fire of his own volition.
Azaria family raises over NIS 400,000 to cover trial costs
Crowdfunding campaign exceeds expectations in 12 hours; 'the trial expenses cost a fortune, and in our situation we can't afford it,' says father of soldier on trial for shooting dead an already-neutralized terrorist.
The family of Sgt. Elor Azaria, an ID soldier on trial after shooting dead an already-neutralized terrorist in Hebron, managed to raise over NIS 400,000 from the public by Monday morning to fund legal expenses for their son, exceeding their expectations.
Azaria's parents launched a crowdfunding campaign on the website Headstart on Sunday evening and were able to raise their goal of NIS 400,000 and more.
"I turn to you, dear mothers, please help me bring my son home," Azaria's mother Oshra says in a video on the campaign page.
Azaria, who is facing charges of manslaughter, is being represented by four senior attorneys who are experts in cases like his.
"All of the trial expenses cost a fortune, and in our situation we can't afford it," Charlie, Azaria's father, says in tears in the video.
"We want the truth to come out and for him to come back home. Today it is my son, tomorrow it could be your son, your grandson, your great-grandson," Charlie adds. "How can it be that a soldier who merely went to serve his country is abandoned, and suddenly we're told 'deal with this on your own'?"
Just as in any crowdfunding campaign, each donation is rewarded by a perk. For NIS 50, the donor will receive a certificate of support and appreciation from the family. Those giving NIS 100 will get a personal letter of thanks from the Azaria family.
For NIS 200, the donor will receive a T-Shirt that says "All for one, Am Israel Chai," while a NIS 300 donation will reward the contributor with the T-Shirt as well as a certificate of appreciation.
Those who donate NIS 500 will get a tour of the Channel 20 studios and a lecture on the media, a NIS 10,000 donation will get the contributor a parlor meeting in his home and a lecture on the media.
Azaria's trial has been ongoing for several weeks at a military court. His defense team is led by Eyal Besserglick, an expert on criminal law, and Ilan Katrz, the former Deputy to the Military Advocate General. Other members of the team include Karmit Shahiber and Binyamin Malka.
The lawyers did not object to the campaign. "How the family raises money is their own business," said Besserglick. "Anything that can help fund the expenses is good. The defense has a lot of expenses—fees for professional services, expert witnesses, consultations over legal opinions, even photocopying expenses. This is an intensive case that has five people just from my office working on 24/7, and of course there were clients I had to reject because of it. The pace is crazy. In such a trial, you are usually given about half a year to present evidence, but in this trial we were given a week."
Two soldiers of the Kfir Brigade's Shimshon Battalion, who were with Sgt. Elor Azaria when he shot dead an already-neutralized terrorist, testified in court on Monday, with one of them, Sgt. M., saying "at first we thought was Elor did was grave, and only later did I realize there could have been a bomb on the terrorist. I realized Elor acted correctly, based on instinct."
Sgt. M., who is seen in a B'Tselem video of the incident receiving Azaria's helmet from him and is one of the few to have seen the shooting up close, also confirmed the testimony he gave to the IDF's Criminal Investigation Division (CID) according to which Azaria told him that because the terrorist stabbed his friend, he deserved to die.
In four different opportunities during his questioning by the CID, Sgt. M. testified that "if I had known what Elor was about to do, I would have stopped him," adding "He didn't seem to regret the shooting but he appeared to be stressed."
His testimony at the trial, however, was different. "I was in shock. I didn't really realize what was going on there. I didn't think Elor was going to shoot (the terrorist)," he said.
Sgt. M. had a hard time talking and asked to write what he wanted to say: "The state didn't back Elor. He's not a hothead. He's a good man who helps a lot."
Explaining the change in his testimony, Sgt. M. said that during his questioning at the CID, "the interrogator yelled at me and was angry at me. I don't know if it was because I gave him answers that would help Elor. There was a tensed atmosphere at the CID, the interrogator wouldn't let me go outside."
Speaking of his service in Hebron, Sgt. M. said, "even though we were not briefed about explosives, Elor and I were afraid of them (in general —YZ)."
"We were not drilled on terror stabbings or briefed on it, or on isolating the scene of an attack, or on how to deal with an explosive belt on a terrorist," Sgt. M. explained.
"The terrorist's coat was very inflated between his abdomen and chest area," Sgt. M. recounted. "A terrorist with such a warm coat was what raised suspicion. We kept our distance from the terrorist because he was not cleared by the bomb squad. I was scared and so were others."
Judge Col. Maya Heller pressed Sgt. M., "Who exactly were the ones scared? Earlier you said you weren't scared. Why the change?"
Sgt. M. responded, "I was scared and so was Elor. I wasn't scared during the incident itself, but after the incident I realized where the concerns had come from. Fear can manifest in several ways. One of the things I felt during the incident itself was stress. This could also be perceived as fear. The terrorist could not have gotten up and physically hurt us, but he could've set off a bomb."
He also claimed his testimony at the CID was influenced by the B'Tselem video showed to him during questioning, attributing it to the title of the video: "Soldier executes Palestinian lying down."
Judge Col. Heller pressed further, "But an hour and 20 minutes before that, even before you saw the video, you said you spoke to the defendant and told him the shooting was not proper and 'You shouldn't have done it.' Regardless of the video or its title, in the field, soon after the shooting, you told Elor the shooting was improper. Why was Elor's shooting improper, as you told him?"
Sgt. M. responded, "It appeared to me at the time, in the field, in that moment, that the shooting was improper. But I've now realized that I'm justifying his actions."
'I didn't feel like terrorist posed a danger to me'
Later, Sgt. A., a squad commander who was also on the scene, took the stand. His was a different version to Sgt. M.'s version.
"The terrorist was grunting or maybe convulsing. I didn't feel like he posed a danger to me. He may have been dangerous for other reasons. When there's suspicion of an explosive belt, we were instructed to keep our distance and apply the rules of engagement. I didn't feel in danger from this terrorist," he repeated.
However, he added that "the terrorists, as far as I knew, were not yet cleared (by the bomb squad) and that's why no one approached them. It's strange the bomb squad did not come to check the terrorists."
Sgt. A. accused the Kfir Brigade commander (Col. Guy Hazut) of "telling us something very inciting in the briefing: That the settlers were yelling (about the terrorists having explosives —YZ) without a reason, just so we don't treat the terrorists."
He read his testimony to the CID: "Elor told me after the shooting, 'My friend was stabbed, they wanted to kill him.' He said it as if in apology, emotionally."
"The atmosphere at the scene of the attack was to wait for the bomb squad... the police shouted there was a bomb disposal expert on the way. I didn't look at the terrorists so I would not be horrified by the sights," he added.
Sgt. A. went on to say that "in the days following the incident, the company commander, the battalion commander, the brigade commander and the IDF Spokesman's Office's representative spoke to us about the incident on several occasions and told us it was grave. This has an effect on me, when the commanders talk about the incident. Even the IDF chief of staff said this incident was wrong. I think the military needs to first and foremost back the soldiers, and come out against them only after an investigation."
Sgt. A. said Azaria was "sensitive, gentle and not quick-tempered. He was very quiet and family oriented. Not a guy who causes trouble. He wasn't a Beitar Jerusalem fan, or part of the La Familia fan group."
Elor's sister, however, previously described her brother as "a diehard Beitar fan" and photos on his Facebook page confirm this.
The fans of the Jerusalem-based soccer club have a long history of racist comments and violent outbursts, particularly against Arabs. A specific fan group of the soccer club, La Familia, is particularly notorious of its hate speech.
Battalion commander's testimony: 'Elor was panicked'
Azaria's battalion commander, Lt.-Col. David Shapira, is expected to testify on Tuesday. He is the most senior commander to testify who also spoke to Azaria following the incident.
"About an hour and a half to two hours after the shoot, I spoke to Elor for the first time, after consulting with the brigade commander and agreeing the soldier would come to me for a debrief," Shapira told ICD investigators in a lengthy testimony spreading over nine pages.
"We spoke next to the guard post at the Jilbar checkpoint, where the incident happened," Shapira continued. "I asked him why he shot (the terrorist) and he answered that he felt in danger because he saw the terrorist with a knife close to him. I asked him, 'So why didn't you go and kick the knife away? Why did you have to open fire?' And he said 'I felt in danger.' I told him I thought he was not telling the truth and that I did not consider the shooting justified, as the company commander was standing nearby and did not feel in danger. Because of the severity of the incident, I informed him he was suspended from fighting and that he will be taken for questioning with the brigade commander."
ICD investigator: "How did Elor react to this?"
Shapira: "To the best of my memory, he was pretty quiet, didn't say anything. He seemed a bit panicked."
Shapira stressed to investigators at this point that "the things Elor told me definitely contradict what he said after the shooting to the company commander, Maj. Tom Na'aman. (Azaria) told (Na'aman) he didn't feel in danger, which is contradictory to what he told me as an explanation for the shooting."
The prosecution is expected to use this testimony to show the changes in Azaria's claims within hours of the incident. At first, he claimed "He's a terrorist who tried to stab my friends, so he deserves to die." Later, he explained: "I felt in danger because he was close to the knife, and moved." And then he claimed he was "Afraid of an explosive belt on (the terrorist's) body."
The battalion commander did admit to not specifically addressing how to handle a situation in which a terrorist is carrying an explosive. "We spoke about what to do when there is danger, but we didn't specifically mention the explosive belt option."
When asked what should be done in such a situation, the battalion commander said, "If I see a terrorist about to set off the bomb, I would shoot to neutralize. If the terrorist was completely neutralized and there was no chance he could set off the explosive, I'd move everyone away and call for a bomb disposal expert to neutralize the bomb. These are strictly my instincts and how I understand the rules of engagement."
The battalion commander said Elor was an excelling soldier and combat medic, and was promoted as a consequence. "In the weeks that preceded the incident, his parents called and said the smile disappeared from his face because of the workload and the pressure. I rebuked the company commander who didn't address this immediately after I asked him to."
On March 24, two terrorists carried out a stabbing attack in the Tel Rumeida neighborhood in Hebron, moderately wounding one soldier. Both were shot and neutralized. One was killed and the other, Abed al Fatah a-Sharif, remained lying on the ground seriously wounded.
A B'Tselem cameramen who was filming the scene after the incident captured Azaria cocking his weapon and shooting a-Sharif, killing him.
Initial investigation found the shooting occurred six minutes after the incident and after other soldiers had already neutralized the terrorist.
Two platoon commanders and the company commander were rebuked by the Kfir Brigade commander for not treating the wounded terrorist and evacuating him to the hospital.
An investigation by the GOC Central Command found that Azaria decided to open fire of his own volition.
Azaria family raises over NIS 400,000 to cover trial costs
Crowdfunding campaign exceeds expectations in 12 hours; 'the trial expenses cost a fortune, and in our situation we can't afford it,' says father of soldier on trial for shooting dead an already-neutralized terrorist.
The family of Sgt. Elor Azaria, an ID soldier on trial after shooting dead an already-neutralized terrorist in Hebron, managed to raise over NIS 400,000 from the public by Monday morning to fund legal expenses for their son, exceeding their expectations.
Azaria's parents launched a crowdfunding campaign on the website Headstart on Sunday evening and were able to raise their goal of NIS 400,000 and more.
"I turn to you, dear mothers, please help me bring my son home," Azaria's mother Oshra says in a video on the campaign page.
Azaria, who is facing charges of manslaughter, is being represented by four senior attorneys who are experts in cases like his.
"All of the trial expenses cost a fortune, and in our situation we can't afford it," Charlie, Azaria's father, says in tears in the video.
"We want the truth to come out and for him to come back home. Today it is my son, tomorrow it could be your son, your grandson, your great-grandson," Charlie adds. "How can it be that a soldier who merely went to serve his country is abandoned, and suddenly we're told 'deal with this on your own'?"
Just as in any crowdfunding campaign, each donation is rewarded by a perk. For NIS 50, the donor will receive a certificate of support and appreciation from the family. Those giving NIS 100 will get a personal letter of thanks from the Azaria family.
For NIS 200, the donor will receive a T-Shirt that says "All for one, Am Israel Chai," while a NIS 300 donation will reward the contributor with the T-Shirt as well as a certificate of appreciation.
Those who donate NIS 500 will get a tour of the Channel 20 studios and a lecture on the media, a NIS 10,000 donation will get the contributor a parlor meeting in his home and a lecture on the media.
Azaria's trial has been ongoing for several weeks at a military court. His defense team is led by Eyal Besserglick, an expert on criminal law, and Ilan Katrz, the former Deputy to the Military Advocate General. Other members of the team include Karmit Shahiber and Binyamin Malka.
The lawyers did not object to the campaign. "How the family raises money is their own business," said Besserglick. "Anything that can help fund the expenses is good. The defense has a lot of expenses—fees for professional services, expert witnesses, consultations over legal opinions, even photocopying expenses. This is an intensive case that has five people just from my office working on 24/7, and of course there were clients I had to reject because of it. The pace is crazy. In such a trial, you are usually given about half a year to present evidence, but in this trial we were given a week."
6 july 2016
Former Yehuda Brigade commander, Col. Yariv Ben-Ezra, arriving in court
Col. Yariv Ben-Ezra, who asked to testify in Sgt. Elor Azaria's trial only after finishing his tenure, says he received no warnings of a possible explosive belt on the terrorist; 'No one approached me on the scene and warned me of a suspected bomb .'
Former Yehuda Brigade commander, Col. Yariv Ben-Ezra, said Wednesday in court that there was no operational justification for Sgt. Elor Azaria to shoot the neutralized terrorist in Hebron.
Azaria is being tried on manslaughter charges after shooting dead a neutralized Palestinian terrorist, Abdel Fattah al-Sharif, in Hebron, after al-Sharif and another terrorist attacked IDF soldiers with knives, stabbing one.
"The shooting was unjustified because it happened in a situation in which there was no mortal danger," Col. Ben-Ezra said. "The more I watched the videos (from the incident), the more I saw it, when considering the behavior of the people on the scene, the discourse and the investigations we conducted."
Testifying at Azaria's trial, the former brigade commander said he has received no warning of a suspected explosive belt on the terrorist. "No one approached me on the scene and warned me of a suspected bomb ... I only heard about it in the afternoon (of that day) from the media," he said.
Col. Ben-Ezra, the most senior officer to testify in the trial so far, finished his tenure as the Yehuda Brigade commander on Tuesday. He asked to testify only after stepping down from his position.
"Yoni Blaicher, the security officer for the Jewish settlement in Hebron, came up to me and told me there was a problematic shooting incident that I should look into. He told me that after (the attack on the soldiers) had ended, there was shooting done and it was unclear why," Col. Ben-Ezra recounted.
"I called the Shimshon battalion commander, Lt.-Col. David Shapira, and asked him to check Yoni's report. A minute and a half later, he came back and told me this was a very serious incident."
Ben-Ezra went on to say he instructed the forces to treat and evacuate the wounded quickly and then remove the bodies from the scene as fast as possible.
"A terrorist called Hadeel al-Hashlamoun, who carried out a stabbing attack at the Shoter checkpoint in Hebron, became a legend (on the Palestinian street). We noticed that the long time that her body remained at the scene, while being filmed and photographed, created an entire wave of revenge and solidarity attacks—not just in Hebron, but all over the West Bank," Ben-Ezra said.
"From one incident to the next, we got a better understanding, and in light of the lessons we learned and the investigations we conducted, we realized that as soon as there is an attack in a crowded urban area, which is flooded with cameras on both sides, we must clear the scene as fast as possible, to prevent revenge and solidarity attacks. That is how we trained the soldiers."
He went on to say that "these weren't just personal insights I had, all of the brigade commanders knew it: Graphic images coming out of terror attacks lead to serious attacks and an atmosphere of revenge on the Palestinian street."
When pressed by Azaria's lawyer, Eyal Beserglick, who said there were people on the scene who testified they felt in danger, the former brigade commander insisted, "I'm more than convinced that had people on the scene felt in danger, things would have looked different. In the first two hours after the terror attack, it was my professional understanding that there was no mortal danger."
Col. Ben-Ezra added that, "there is definitely support to what I'm asking, as we've conducted a military investigation on the scene with the people who were there."
Col. Yariv Ben-Ezra, who asked to testify in Sgt. Elor Azaria's trial only after finishing his tenure, says he received no warnings of a possible explosive belt on the terrorist; 'No one approached me on the scene and warned me of a suspected bomb .'
Former Yehuda Brigade commander, Col. Yariv Ben-Ezra, said Wednesday in court that there was no operational justification for Sgt. Elor Azaria to shoot the neutralized terrorist in Hebron.
Azaria is being tried on manslaughter charges after shooting dead a neutralized Palestinian terrorist, Abdel Fattah al-Sharif, in Hebron, after al-Sharif and another terrorist attacked IDF soldiers with knives, stabbing one.
"The shooting was unjustified because it happened in a situation in which there was no mortal danger," Col. Ben-Ezra said. "The more I watched the videos (from the incident), the more I saw it, when considering the behavior of the people on the scene, the discourse and the investigations we conducted."
Testifying at Azaria's trial, the former brigade commander said he has received no warning of a suspected explosive belt on the terrorist. "No one approached me on the scene and warned me of a suspected bomb ... I only heard about it in the afternoon (of that day) from the media," he said.
Col. Ben-Ezra, the most senior officer to testify in the trial so far, finished his tenure as the Yehuda Brigade commander on Tuesday. He asked to testify only after stepping down from his position.
"Yoni Blaicher, the security officer for the Jewish settlement in Hebron, came up to me and told me there was a problematic shooting incident that I should look into. He told me that after (the attack on the soldiers) had ended, there was shooting done and it was unclear why," Col. Ben-Ezra recounted.
"I called the Shimshon battalion commander, Lt.-Col. David Shapira, and asked him to check Yoni's report. A minute and a half later, he came back and told me this was a very serious incident."
Ben-Ezra went on to say he instructed the forces to treat and evacuate the wounded quickly and then remove the bodies from the scene as fast as possible.
"A terrorist called Hadeel al-Hashlamoun, who carried out a stabbing attack at the Shoter checkpoint in Hebron, became a legend (on the Palestinian street). We noticed that the long time that her body remained at the scene, while being filmed and photographed, created an entire wave of revenge and solidarity attacks—not just in Hebron, but all over the West Bank," Ben-Ezra said.
"From one incident to the next, we got a better understanding, and in light of the lessons we learned and the investigations we conducted, we realized that as soon as there is an attack in a crowded urban area, which is flooded with cameras on both sides, we must clear the scene as fast as possible, to prevent revenge and solidarity attacks. That is how we trained the soldiers."
He went on to say that "these weren't just personal insights I had, all of the brigade commanders knew it: Graphic images coming out of terror attacks lead to serious attacks and an atmosphere of revenge on the Palestinian street."
When pressed by Azaria's lawyer, Eyal Beserglick, who said there were people on the scene who testified they felt in danger, the former brigade commander insisted, "I'm more than convinced that had people on the scene felt in danger, things would have looked different. In the first two hours after the terror attack, it was my professional understanding that there was no mortal danger."
Col. Ben-Ezra added that, "there is definitely support to what I'm asking, as we've conducted a military investigation on the scene with the people who were there."
4 july 2016
The trial of the soldier accused of manslaughter for having shot dead a neutralized terrorist in Hebron continues, with the ambulance driver who kicked the terrorist's knife admitting to so doing and the soldier's father yelling at the prosecutor during a break.
The trial of Sgt. Elor Azaria, who is accused of manslaughter for having shot dead a neutralized Palestinian terrorist, Abdel Fattah al-Sharif, in Hebron, continued on Tuesday in the Jaffa Military Court. Paramedic Ofer Ohana admitted in testimony to having kicked a knife to move it closer to al-Sharif's corpse, and the soldier's father had an outburst during a break.
In a WhatsApp discussion that took place immediately following the incident, Ohana, a resident of Kiryat Arba, expressed dissatisfaction with Azaria's commanders. Several hours after the incident, the ambulance driver exchanged messages with Charlie Azaria, the defendant's father.
The worried father wrote, "My son has been called for investigation by the military police; I need the telephone number of Rabbi Baruch Marzel." The right-wing activist Marzel was documented shaking Azaria's hand minutes after the incident, but he explained later that he did not realize at the time that Azaria was the soldier who had killed al-Sharif. Marzel explained that he would also have hugged and kissed Azaria had he known.
During his testimony, Ohana was asked what he talked about with Azaria at the scene, to which the driver replied, "I'm not answering that question. I'm starting to feel like I'm under investigation, and I don't want to answer. The CID (criminal investigation division) didn't want to get to the truth, just to condemn me and the soldier." Ohana elaborated that he felt threatened by the CID during their investigation.
Regarding the video that he filmed at the scene, Ohana said, "I'm used to documenting incidents that I come to. I've been volunteering with MDA (Magen David Adom) and Hatzalah Yehuda/Shomron for 28 years now and am also an ambulance driver… In the Azaria case, I was in the first ambulance that showed up. I try to document all the events accurately."
The trial of Sgt. Elor Azaria, who is accused of manslaughter for having shot dead a neutralized Palestinian terrorist, Abdel Fattah al-Sharif, in Hebron, continued on Tuesday in the Jaffa Military Court. Paramedic Ofer Ohana admitted in testimony to having kicked a knife to move it closer to al-Sharif's corpse, and the soldier's father had an outburst during a break.
In a WhatsApp discussion that took place immediately following the incident, Ohana, a resident of Kiryat Arba, expressed dissatisfaction with Azaria's commanders. Several hours after the incident, the ambulance driver exchanged messages with Charlie Azaria, the defendant's father.
The worried father wrote, "My son has been called for investigation by the military police; I need the telephone number of Rabbi Baruch Marzel." The right-wing activist Marzel was documented shaking Azaria's hand minutes after the incident, but he explained later that he did not realize at the time that Azaria was the soldier who had killed al-Sharif. Marzel explained that he would also have hugged and kissed Azaria had he known.
During his testimony, Ohana was asked what he talked about with Azaria at the scene, to which the driver replied, "I'm not answering that question. I'm starting to feel like I'm under investigation, and I don't want to answer. The CID (criminal investigation division) didn't want to get to the truth, just to condemn me and the soldier." Ohana elaborated that he felt threatened by the CID during their investigation.
Regarding the video that he filmed at the scene, Ohana said, "I'm used to documenting incidents that I come to. I've been volunteering with MDA (Magen David Adom) and Hatzalah Yehuda/Shomron for 28 years now and am also an ambulance driver… In the Azaria case, I was in the first ambulance that showed up. I try to document all the events accurately."
The knife before (r) and after (l) being kicked
He added, "It's important to me to show the Israeli and IDF side versus the Palestinian side, which claims that IDF soldiers are executing Palestinians and then gets their hands on knives."
Ohana was questioned about the knife that he was alleged to have moved closer to the body of the dead al-Sharif. He stated that he noticed that a knife was lying on the ground and that another ambulance present was not aware of it, as the police had not marked it. "I moved the knife so that the Arabs wouldn't claim that we plant knives next to terrorists," he explained.
The prosecutor, Lt. Col. (res.) Nadav Weisman, accused Ohana during question of commenting on a potential explosive device on al-Sharif along with others present as an excuse not to treat him. Ohana replied, "Nonsense. Unfortunately, I've treated terrorists in the past."
During a break in the trial, Charlie Azaria had an outburst. Addressing Weisman, he yelled, "Do these officers know what Hebron is? Have they ever been to Hebron? They received orders from above. It's a stitch up."
He continued to yell about his frustration and repeated his accusation that his son was unfairly accused, saying "Is this what I served the country for 33 years for? I endangered my life! I trust the judicial system; I only ask that there be a fair trial. That whoever's pulling the prosecutor's strings should have come down out of their tree, they set him up for a murder case from the beginning—for what? Where's the prime minister?"
The prosecutor informed the judge of the outburst, claiming that it constituted incitement against him. The judge, Col. Maya Heller, issued a warning and stated that future outbursts would result in exclusion from the courtroom.
He added, "It's important to me to show the Israeli and IDF side versus the Palestinian side, which claims that IDF soldiers are executing Palestinians and then gets their hands on knives."
Ohana was questioned about the knife that he was alleged to have moved closer to the body of the dead al-Sharif. He stated that he noticed that a knife was lying on the ground and that another ambulance present was not aware of it, as the police had not marked it. "I moved the knife so that the Arabs wouldn't claim that we plant knives next to terrorists," he explained.
The prosecutor, Lt. Col. (res.) Nadav Weisman, accused Ohana during question of commenting on a potential explosive device on al-Sharif along with others present as an excuse not to treat him. Ohana replied, "Nonsense. Unfortunately, I've treated terrorists in the past."
During a break in the trial, Charlie Azaria had an outburst. Addressing Weisman, he yelled, "Do these officers know what Hebron is? Have they ever been to Hebron? They received orders from above. It's a stitch up."
He continued to yell about his frustration and repeated his accusation that his son was unfairly accused, saying "Is this what I served the country for 33 years for? I endangered my life! I trust the judicial system; I only ask that there be a fair trial. That whoever's pulling the prosecutor's strings should have come down out of their tree, they set him up for a murder case from the beginning—for what? Where's the prime minister?"
The prosecutor informed the judge of the outburst, claiming that it constituted incitement against him. The judge, Col. Maya Heller, issued a warning and stated that future outbursts would result in exclusion from the courtroom.
