In light of significant developments that have occurred since the filing of the indictment concerning an alleged incident that took place in the Sde Teiman detention facility, and exceptional circumstances that negatively affected the ability to prosecute the case while also preserving the right to a fair trial of the defendants in the case, the Military Advocate General found it necessary to order today (Thursday) the withdrawal of the indictment against the five defendants.
The investigation into the case was opened in July 2024 against several reservists from Force 100 who served in the Sde Teiman facility which held Nukhba terrorists, on suspicion of a serious assault on a security prisoner. The arrests and open investigation sparked a wide public outcry and protests, some of which even included breaking into military bases.
A film shown on Channel 12, allegedly showing the assault, was found to have been doctored and spliced. It went viral worldwide and was later discovered to have been leaked to the channel by the Military Attorney General's office, with the knowledge of Military Attorney General Yiifat Tomer-Yerushalmi. She was immediately removed from her position and arrested, with the story still under investigation.
The decision was taken following an examination of all considerations, evidence, and relevant circumstances, including the following:
1. The complexity regarding the existing evidentiary basis;
2. Extremely exceptional and unprecedented circumstances due to conduct by certain senior officials in the Military Advocate General's Corps in this affair;
3. Difficulty in transferring certain relevant investigation materials from the Israeli police’s investigation, which infringes the rights of the defendants.
4. The fact that the former security detainee in question is currently present in the Gaza Strip and the implications this has on the evidentiary basis, added to the existing complexity.
The MAG’s professional decision is that the accumulation of all these exceptional circumstances, and their effect on the basic rights of the defendants, necessitate the withdrawal of the indictment.
The IDF Spokesperson's Unit stated that "A core mission of the Military Advocate General's (MAG) Corps is to enforce the law and hold accountable those who violate it. The MAG Corps will continue to pursue this mission professionally and independently."
The Chief of the General Staff was updated regarding the decision and issued instructions to draw lessons and to take all the requested steps to prevent similar cases in the future.
The Chief of the General Staff emphasized that "the professional independence of the Military Advocate General's Corps is a foundational principle in the IDF and he strengthens those serving in the Military Advocate General's Corps, who act with professionalism, with dedication, and tirelessly in order to enable the IDF to achieve its goals and to execute its missions while upholding the law, including in these days of fighting."