IDF Soldiers Sue Military Prosecution Over Abuse Case Dismissal
Five soldiers from the "100 Unit" at the Sde Teiman detention facility have filed a NIS 18 million lawsuit against senior officials in the Military Advocate General's Corps and the Ministry of Justice, as well as several media figures. The soldiers were previously indicted for severe assault under aggravating circumstances, including allegations of anal penetration of a Palestinian detainee, but the charges were dropped in March. The soldiers claim the dismissal was a result of political pressure and that they were subjected to a "witch hunt." They argue that the dropping of the charges, despite evidence of a "serious and disturbing picture" of their actions, has allowed the narrative to shift from their alleged abuse to the leak of a video from Sde Teiman, which they attribute to former Military Advocate General Yifat Tomer-Yerushalmi.
The lawsuit, to be heard in the Jerusalem District Court, aims to serve as an alternative legal proceeding to clarify the extent of the soldiers' alleged guilt in abusing Palestinian detainees and the culpability of Tomer-Yerushalmi. The soldiers contend they have suffered "severe legal torment" and damages due to a "criminal conspiracy" by senior law enforcement officials. They specifically target Tomer-Yerushalmi, along with Attorney General Gali Baharav-Miara and State Attorney Amit Eisman, seeking personal compensation to pressure them financially.
The decision to drop the charges was made by then-Chief Military Prosecutor Itai Ofir, who cited the complexity of the evidence, including an unclear security video and the fact that the Palestinian detainee was returned to Gaza as part of a hostage exchange. Ofir also cited "exceptional circumstances" related to the video leak and subsequent public outcry as grounds for dismissal under the "defense from justice" principle. However, the soldiers argue that Ofir's decision did not exonerate them, as he acknowledged the evidence presented a "serious and disturbing picture." They view the entire affair as a moral low point for the IDF and a collapse of the rule of law, exacerbated by political interference.