Indicted terrorist released due to "family circumstances"

Updated: Apr 29


Injured minor; Photo courtesy of the photographer

Monday, April 25, 2022, 11:01 The Military Court of Appeals ordered the release of Nadal Jabrin Khalil Nawaja, who is charged with brutally attacking a Jewish minor in the Har Hevron region. According to the indictment, Nawaja threw the youth to the ground, grabbed his payot, and then smashed a rock into his head three times. Nawaja also threw rocks at the youth and at other people. The youth suffered cuts to his head, bleeding, pain, dizziness, and vomiting.

In the indictment, the Military Advocate General charged the terrorist with aggravated assault, but the Military Court in Yehuda ordered his release to an alternative to remand. The Military Advocate General appealed the decision, claiming that the severity of the terrorist's acts indicates that he poses a substantial danger to the public, and requested his remand until the end of proceedings against him.

The Military Court of Appeals claimed that there were problems with the evidence in the case, cited the clean record of the terrorist, and the appellate judge wrote that in light of "his family circumstances, the danger posed by the respondent [the terrorist] may be negated." Despite the severity of the attack, the appellate judge ordered the terrorist's release on bail, and did not impose house arrest or any other restrictive conditions on him.

Honenu Attorney Chayim Bleicher, who is assisting the injured youth: "Release of the terrorist who attacked a youth in an extremely violent incident constitutes a danger to citizens loyal to Israel. The terrorist was released without any restrictions and has returned to the area in which the crime was committed. He carried out an extremely violent attack, the army invested resources in his detention, and he should be held in remand until the end of proceedings. Terrorists must know that they will pay a high price for their crimes. Releasing the terrorist to his home without any supervision or restriction constitutes damage to public security and damage to the deterrence factor. Only severe penalties will increase deterrence."

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