Nearly a decade after the affair that shook Israel, President Isaac Herzog has decided to grant Elor Azaria's request and shorten the period during which his criminal record will remain on file.
Azaria was convicted and jailed for killing a terrorist he perceived to be a threat.
Herzog signed the decision on Saturday night, September 19, on the eve of Yom Kippur. The President's Residence explained that the decision was made after considering the full circumstances of the case and in the spirit of the Days of Mercy and Forgiveness.
Among the main considerations were the considerable time that has passed since the affair, the fact that Azaria served the sentence imposed on him, and the fact that the statute of limitations period relating to his offenses has already expired. The President also took into account changes in Azaria's personal and family life over the years, as well as his request to remove obstacles he faces in seeking employment.
In his appeal to Herzog, Azaria also addressed the values of the IDF. He stressed that he respects those values and holds them dear, and that today, as a father of two young children, he seeks to raise them in accordance with those values. At the same time, he expressed regret over the severe consequences of the affair.
This was not the first time Azaria had appealed to an Israeli president. In an earlier request to then-President Reuven Rivlin, he wrote that, in retrospect, the shooting had been an operational mistake and that, with hindsight, he would not have carried it out.
Another consideration in Herzog's decision was the complex medical circumstances that the Azaria family has faced over the years. The President concluded that nearly a decade after the incident, after Azaria served his sentence and paid his debt to society, and after his sentence had already been reduced by then-IDF Chief of Staff Gadi Eisenkot, he should be allowed to move forward with his life.
Herzog nevertheless emphasized that his decision does not alter the legal proceedings conducted in the case, and stressed that the move does not constitute an appeal of the verdict or a reconsideration of it.
The President emphasized the importance of the military justice system in safeguarding the rule of law and the values of the IDF, particularly the principle of purity of arms. He clarified that the institution of presidential clemency is an "institution of mercy" and does not serve as an appeals court. Azaria himself also made clear in his request that he did not intend to reopen the case.
Ultimately, Herzog accepted the recommendation of Defense Minister Israel Katz and ordered an immediate shortening of the period of Azaria's criminal record.