An army court of appeals in Tel Aviv on Sunday rejected an appeal by former IDF Sergeant Elor Azariya of a manslaughter conviction handed down in January over his shooting of a wounded Arab terrorist in March 2016.
In its decision Sunday, the appeals court also refused to reduce Azariya’s sentence, saying that his 18-month jail term would remain in place pending an appeal from the prosecution, which has called for it to be increased, recommending three years imprisonment.
“The shooting of the terrorist was done out of vengeance,” the court ruled. “The Appellant did not act out of a sense of fear or sense of danger.”
“”He waited two minutes after he heard the calls of warning about a bomb until shooting. It was rightly determined that there was no justification for the shooting. The court added that “he acted coolly and slowly, and this behavior does not align with that of someone who feels threatened.” In addition, the court said that Azariya had not acted in accordance with army firing protocol.
Azariya will be able to submit a special request to the Supreme Court or the IDF Chief of Staff. Read more at Arutz Sheva.