The president of the Samaria Military Court has informed the family of Binyamin Achimeir, who was murdered in an attack at his farm about two years ago, that the upcoming hearing in the terrorist's trial will be held before a panel of judges at the rank of lieutenant colonel.
The hearing that was supposed to take place next week was canceled after the family requested that it be held before a panel of judges at the Lt. Col. rank, which permits the imposition of the death penalty.
The court president accepted the request and postponed the hearing. He ruled that the next hearing will take place before a panel including the court president, the deputy president and the deputy head of the Serious Crimes Division, who, according to law, can allow the death penalty.
The president's decision followed an earlier request from the family to postpone further proceedings in the case until a decision was made by the military prosecution regarding a petition submitted about a year and a half ago to appoint a panel authorized to impose the death penalty.
Although the request was forwarded to the senior leadership of the military, no decision was made, and the trial progressed to a point from which the panel of judges could no longer be changed.
For that reason, the family demanded the postponement of the hearing scheduled for next week. Initially the court announced that the hearing would proceed as planned, but the president has now canceled it and scheduled a new hearing before the requested panel.
Attorney Haim Bleicher, who represents the family, wrote to the military prosecution and emphasized the importance of the panel. "This demand stems from the incomprehensible cruelty of the murder and the fact that he acted out of a murderous nationalist ideology associated with ISIS. Imposing the death penalty is a critical component in the war on terror and it is the appropriate and only sentence that fits the severity of the act, which requires the specified panel," he wrote.
He added, "The request was forwarded for review to the highest ranks, but for nearly a year and a half no final decision was made on the matter. The petitioner showed patience, among other things out of understanding for the overall security sensitivity that existed in the past due to concern for the lives of live hostages."
"Now, it is known that an evidentiary hearing is scheduled, in which there is a high probability that the terrorist will confess to the charges against him and seek an immediate conviction. Herein lies the real fear - if a conviction is obtained before the panel authorized to impose the death penalty is arranged, the legal possibility to demand and impose this sentence will be blocked," he concluded his letter.
Upon receiving the president's notice, Bleicher said, "We welcome the decision of the president of the Samaria Military Court. The meaning of the decision is the first step taken in the process of imposing the death penalty on abhorrent terrorists. Bringing the terrorist before the panel authorized to impose the death penalty and the knowledge that this sentence hangs over him will already contribute to deterrence against anyone contemplating committing similar murders."