Israel: Hamas Suspects in Oct. 7 Massacre Yet to Be Questioned

Hundreds of Gazans suspected of involvement in the October 7th Hamas attacks and currently held in Israel have not yet been interrogated for prosecution, it was revealed on Wednesday during a Constitution Committee meeting discussing the implementation of a law to prosecute perpetrators of the October 7th massacre. Committee Chairman Simcha Rothman demanded an explanation for the delay. A police representative confirmed that some suspects have not been interrogated, but their numbers and the reasons for this were not disclosed in the public session. The meeting began with a moment of silence for the victims.

Rothman questioned how hundreds of individuals suspected of involvement in the October 7th events, identified months ago, have still not been interrogated. Edna Tana, head of the security department at Lahav 433, stated that a decision was made to proceed with interrogations at a certain pace, confirming that some have not yet been questioned. Following this, Rothman paused the discussion. Confidential answers were provided during the break, after which the discussion resumed. Chief Labartov announced that a meeting would be held the next day with the head of Lahav 433 to expedite the completion of interrogations for those still awaiting questioning for prosecution. Rothman called for a target date to be set for the first indictment in the first half of 2027.

The law, championed by Rothman and MK Yulia Malinowski and approved last May, establishes a framework for prosecuting those involved in the October 7th massacre in a military court based in Jerusalem. This court will be empowered to try offenses under various laws, including those related to genocide prevention, the penal code, and counter-terrorism. Prosecution responsibility has shifted from civilian prosecutors to the military. Despite the pending interrogations, hundreds of opinion papers and draft indictments have been prepared. Southern District Attorney Erez Padan reported that the team's work has continued, with hundreds of detailed opinion papers and draft indictments compiled. He emphasized that each opinion paper is a complex evidentiary puzzle, requiring cross-referencing information from crime scenes, cameras, and other testimonies. The Ministry of Justice has developed a digital system for receiving investigation materials from the police, which is now being transferred to the military. The military prosecution has gained access to these prepared materials and documents. Padan clarified that these opinion papers and drafts are not binding on the military prosecution, which will make the final decision on their adoption.

Edna Tana reported that hundreds of investigators worked on examining the crime scenes, with specialized units established for this task. The police are also operating a unit for document translation and other investigative actions, describing the investigation's progress as advanced with only minor completions. However, Labartov noted that the IDF has found additional materials that the military prosecution believes may not have reached the police. Committee members inquired about ensuring all collected materials are included in the case files. Padan responded that thousands of pieces of evidence have already been gathered, and any new materials will be professionally reviewed without delaying ongoing progress toward trials. He also explained that during operations in Gaza, additional individuals are apprehended and their connection to the massacre is being investigated, a process that could take years but should not prevent trials for those whose cases are ready.

Rothman and Malinowski stressed their continued cooperation in monitoring the law's implementation, stating that both the coalition and opposition are united in this effort and its urgency. Malinowski pledged that this demand for results would continue regardless of election outcomes, emphasizing their obligation to the victims' families. Rothman urged the head of the prosecution system to set a target for the first indictment within their first week in office, suggesting the first half of 2027 as a feasible goal. IDF Chief of Staff's Project Manager Yair Barakat reported that the 2026 budget has been approved, land allocated for the dedicated courthouse, and infrastructure arrangements made, with final approval for construction planned for January 2027. Simultaneously, systems for broadcasting trials and supporting victims are being established. Deputy Director General of the Ministry of Defense Kobi Blistein stated that the organizational and budgetary framework for the Prison Service's tasks has been agreed upon but awaits government approval due to inter-ministerial objections regarding budget cuts. A Prison Service representative indicated that the four tasks assigned to the organization, including security for the complex and courtrooms, require 340 positions.

One challenge discussed was the recruitment of civilian prosecution staff to the military prosecution system. The southern district team consists of 15 prosecutors, whose expertise the military wishes to retain. Labartov mentioned that four IDF prosecutors have been assigned to the team, and the head of the system is expected to be appointed within two weeks. Padan described the emotional toll of the work, noting that prosecutors have viewed hundreds of hours of horrific footage, understanding the profound impact. He highlighted the importance of psychological resilience and personal costs, stating that staff need time to consider their decisions. Joining the military system involves a long-term professional commitment, potentially lasting four to five years, with career implications. Malinowski confirmed that difficulties with the wage supervisor have been resolved and that further improvements in conditions may be considered. She praised the prosecutors handling these cases since the war's outset as "superheroes" and emphasized that their decision to join the military system is voluntary.