Several days ago, it was reported that Defense Minister Israel Katz intends to ask the President to erase Elor Azaria's criminal record. The move follows a request by Azaria himself, who said his criminal record had been transferred from the military system to the civilian one, preventing him from returning to a normal life despite having paid his debt to society.
In an interview with Arutz Sheva-Israel National News, attorney Eyal Besserglick, who headed Azaria's defense team during the original trial, discussed the implications of the criminal record and expressed concern that the request may ultimately be rejected, since many of the prosecutors who brought the indictment against Azaria remain in influential positions within the legal system.
"Manslaughter is a very serious offense, and as long as the criminal record remains, he cannot obtain a US visa. In 2017, sanctions were imposed on him in the US. There are certain benefits he could have received as a combat soldier but no longer can, and every employer sees the criminal record as a stain. That's why it needs to be erased."
Besserglick noted that Azaria had previously applied to have his criminal record erased, but the request was denied. He recalled the proceedings in the original trial, when Azaria was initially charged with murder and prosecutors sought to dismiss claims of self-defense, concerns about a possible explosive device, and other defense arguments.
According to Besserglick, presiding judge Maya Heller focused her verdict on the principle of "purity of arms." He argued that her ruling caused soldiers to think twice before opening fire out of fear they could face the same fate as Azaria.
"We found ourselves with soldiers running away from terrorists instead of shooting, engaging, and defending themselves," he said.
Besserglick added that the defense later succeeded in strengthening its case by presenting testimony from the bomb disposal expert, who described how the terrorist's clothing exploded, supporting concerns that the attacker may have been carrying an explosive device. Following that testimony, the defense requested a reduced sentence.
"Elor received an 18-month sentence, the lightest sentence ever imposed in such a case. The prosecution didn't get what it wanted, and the reserve prosecutor wanted to continue the proceedings."
Besserglick also revealed details of a meeting he held with the knowledge of Azaria's family and attorney Yoram Sheftel, who later joined the defense. The meeting included the Military Advocate General and the lead military prosecutor after all sides had grown weary of the lengthy case.
Under the proposal discussed, Azaria would receive a pardon and a commutation of his sentence, appear before the standard military parole board, serve nine months in prison instead of 18, and then be able to resume his life.
Besserglick said he believed Azaria would not receive justice within the military legal system, particularly after then-IDF Chief of Staff Gadi Eisenkot promoted the judges who presided over the case and publicly expressed confidence in their decisions. For that reason, he supported accepting the proposal. However, Sheftel believed an acquittal was still possible, and Azaria chose to continue the legal battle. The appeals process ultimately left the original 18-month sentence unchanged.
In Besserglick's assessment, Azaria's criminal record could have been erased as early as 2017. However, after the original proposal was rejected and two appellate judges argued that the reduced sentence already showed excessive leniency, efforts to erase the record became significantly more complicated.
"It's good that Minister Katz is supporting him and will try to change the position of the Military Advocate General's Corps. But the opinion will still come from the military prosecution, and when Sharon Afek-who was Military Advocate General at the time and is now Deputy Attorney General-remains in a position where he can influence the new Military Advocate General, it's far from certain that the military prosecution will agree. If it opposes the request, there will be a legal opinion against granting the pardon."
Besserglick warned that two factors could work against Azaria's request to have his criminal record erased: the appellate court's view that his sentence had already been unusually lenient, and Sharon Afek's continued presence in the senior ranks of Israel's legal establishment.