Mother of Barkan terrorist to be released?

Samaria military judge says close relatives of terrorists should not be severely punished for failing to report attacks they knew about.

Arutz Sheva Staff,

Barkan victims
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Samaria Military Court Judge Lt. Col. Yair Zadok, ordered the release of the mother of the terrorist who carried out the attack at the Barkan Industrial Zone after the final hearing in her case, on the grounds that it is difficult for her mother to hand over her son to the authorities. According to the decision, she will be released to house arrest next week.

The prosecution announced its intention to appeal the judge's decision, and to demand the mother's detention until the end of the proceedings. The discussion will take place later Sunday.

In his decision, the judge described his decision as "unusual," and among other things he explained it by saying, "I believe that as far as the offense of not reporting an offense is concerned, the closer the relationship between the defendant and the terrorist, the less severe the punishment be."

The judge continued, "The reason for this is that the requirement of reporting an expected offense is more difficult than a request from a person who is foreign to him. For example it is more difficult to demand that a parent surrender his son than to expect his neighbor/friend to surrender."

The judge added, "In my opinion, the level of punishment must be treated differently according to the degree of closeness, and the stronger the connection between the defendant and the terrorist, the lower the level of punishment."

Attorney Haim Bleicher of the Honenu legal organization, who represents the families of Kim Levengrond-Yehezkel and Ziv Hajabi, stated: "When fighting murderous terrorism, a family's relationship with a terrorist cannot be a consideration for leniency, but an exclusive consideration of the severity of punishment. The mother of the terrorist who saw her son preparing for the attack and did not stop him should be behind bars for many years. The consideration of the maternal feeling of not giving away her son, as stated in the decision to release her, is a death sentence for the many citizens of Israel."

"In a criminal case when it comes to terrorism, the judges must know the reality, as the experts say, that one of the most effective ways to stop terrorists is because the terrorists knew that their family would pay a heavy price for their actions. The release of the mother of the terrorist paves the way for further attacks. We hope that in the appeals court the judges will ensure that the mother of the terrorist will be in jail for many years, and this will reflect a correct decision to hold her until the end of the proceedings."




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