Military Prosecution to appeal sentence in Gelman murder case

Eliav Gelman, Hy”d; Photo credit: Free use

Monday, April 1, 2024, 16:43 The Military Advocate General announced they would appeal the sentence handed down to Mamdouh Yusaf Amro, the terrorist who murdered Major (Res.) Eliav Gelman, Hy”d, in a 2016 terror attack at the Etzion Bloc Junction. In early February, the Ofer Military Court in Yehuda sentenced Amro to 35 years’ imprisonment. The court did not impose a life sentence on Amro despite his murder conviction. The judges based their ruling on Amro’s emotional state. Initially, the Military Court in Yehuda in a majority ruling convicted Amro of only manslaughter and sentenced him to 30 years’ imprisonment. The Military Advocate General appealed the decision. The Military Court of Appeals unanimously convicted the terrorist of murder and returned the case to the Military Court in Yehuda for re-sentencing. The court added only five years to the sentence, in contrast to imposing the standard penalty of a life sentence.

After the sentencing, Honenu Attorney Chayim Bleicher, who is representing the family, wrote a letter to the Military Advocate General demanding that they appeal the sentence. Today (Monday), they announced they would appeal. Attorney Bleicher said, “The time has come to change this attitude. Terrorists should not be judged according to civilian criminal standards. The injury that the court has caused to the Gelman family and all of Israel is intolerable. We expect the Military Advocate General to appeal the sentence. It is time to change the Counter-terrorism Law.”

Attorney Bleicher further commented on the case: “Despite the decisive rulings by the Military Court of Appeals, and despite video documentation of the incident in which the terrorist is seen determinately carrying out the attack, the lower court found a way to save him from life imprisonment, the appropriate penalty for a terrorist. The court’s ruling is a prelude to what Israeli citizens are liable to see in the trials of the Nukhba terrorists from October 7. Undoubtedly, every assertion will be used in favor of the terrorists instead of deterring terrorists and protecting the right of Israeli citizens to life. We thank the Military Advocate General for appealing the sentencing and expect them to maintain an unequivocal stance that there is no forgiveness, no clemency, and no consideration for personal circumstances when terrorists are sentenced. The time has come for the entire country to wake up from their slumber and demand appropriate legal proceedings for terrorists. They must be deterred from continually repeating their murderous acts and not be shielded by the Israeli civil and military judicial systems.”

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