IDF Prosecutors Accuse Samaria Military Court of Bias and Procedural Violations Favoring Terrorists
Military prosecution officials have sharply criticized the Samaria Military Court, alleging biased and lenient treatment toward Palestinian terrorists. These claims surfaced following the recent hearing of Hamad Tsabah, accused of a deadly 2021 attack at the Ba'ali gas station that killed four Israelis and injured three others. Prosecutors contend that senior judges at the court have repeatedly acted contrary to enforcement agencies' recommendations, undermining judicial neutrality.
One highlighted incident involved Judge Colonel Kamal Zahraldin, president of the court, who reportedly circumvented prison service protocols by allowing Tsabah to speak with his mother during the hearing despite official objections. Prosecutors view this as a troubling precedent that sends a permissive message to terrorists. Additional criticism targets the court's decision to release a father and son detained on suspicion of involvement in a July 24 attack near Gilad Farm, citing insufficient evidence. The military prosecution argues this ruling exemplifies a broader pattern of leniency in terror-related cases.
Further allegations accuse Judge Zahraldin of holding private meetings with defense attorneys without prosecution representatives present, breaching procedural fairness and the required separation between judiciary and parties. Prosecutors warn that such conduct compromises the court's ability to impose effective deterrence against terror suspects.
The IDF spokesperson strongly rejected these accusations, affirming the court's independence and adherence to legal standards. Regarding the Ba'ali attack case, the spokesperson explained that Tsabah's request to speak with his mother was handled according to established procedures, and the defendant ultimately admitted to the charges. The spokesperson also noted that the release of the father and son was based on evidentiary challenges, a decision upheld by the military appeals court. They emphasized that court president Zahraldin's meetings with legal and security officials are routine administrative sessions conducted within proper guidelines.
The military prosecution is now calling for a review of the Samaria Military Court's conduct and the boundaries of judicial discretion amid ongoing efforts to intensify counterterrorism measures.
