اخبار فلسطين – وطن نيوز
فلسطين اليوم – اخبار فلسطين اليوم
W6nnews.com ==== وطن === تاريخ النشر – 2026-03-13 14:15:00
The Palestinian Information Center The Euro-Mediterranean Human Rights Monitor said that dropping the indictment against five Israeli soldiers involved in the rape and torture of a Palestinian detainee from the Gaza Strip in “Sde Teman” prison constitutes new evidence of the structural and deliberate collapse of the justice and accountability system in Israel, and confirms its direct involvement in protecting the perpetrators and protecting them from accountability instead of prosecuting them, which represents another practical announcement of Israel’s adoption of a policy of impunity for crimes. committed against Palestinians. The Euro-Mediterranean Observatory stressed in a statement on Friday that dropping the indictment does not mean in any way the absence of the crime or the innocence of those involved in it. Rather, it reaffirms the structural complicity of the Israeli judicial system with the military, security and political levels, and reveals that it does not deal with crimes committed against Palestinians as violations that require revealing the truth and providing justice to the victims. Rather, it uses its legal tools to provide cover for its perpetrators and spare them from any actual accountability, even in the most serious and most documented crimes. The Euro-Mediterranean Observatory added in a press statement today, Friday, that it followed with great disapproval the decision of the Israeli Military Prosecutor to drop the indictment against five Israeli army reservists involved in one of the most serious cases of torture and sexual violence documented against a Palestinian detainee from the Gaza Strip in “Sde Teman” prison, in a step that the Israeli authorities justified by procedural considerations related to the circumstances of the war. According to a statement issued by the Israeli army spokesman, it was decided to drop the indictment on the grounds of “exceptional and unprecedented circumstances” that prevented the trial from continuing, including complications related to the evidentiary basis, the release of the detainee to the Gaza Strip and the resulting effects on the level of evidence, in addition to procedural difficulties in transferring relevant investigation materials from a file that was in charge of the police, as well as what was called the “defense of justice” against the backdrop of the allegation of infringement of the defendants’ right to a fair trial. Euro-Med explained that the case dates back to July 5, 2024, when five Israeli soldiers in the “Sde Teman” prison in the Negev Desert were involved in a brutal assault on a Palestinian detainee from the Gaza Strip. He was tied with his hands and feet and blindfolded, which included raping him by inserting a sharp object into his buttocks, which caused him fractures in the ribs, a punctured lung, and an internal tear in the rectum. He stressed that these actions together represent serious violations of international humanitarian law and international human rights law, and were documented on video and later leaked from Israeli authorities, as the leaked surveillance camera footage showed soldiers taking the detainee aside before they gathered around him, while one of them carried a dog, and they worked to obscure their actions using riot control equipment. The Euro-Mediterranean Monitor stressed that these actions, taken together, represent serious violations of international humanitarian and human rights law, and constitute extremely serious international crimes supported by visual evidence. Leaked recordings from Israeli surveillance cameras documented a live scene of soldiers taking a detainee to one side of the hall, before they went around him, while one of them was holding a dog, and they deliberately used riot control equipment (shields) as a cover to obscure the brutal assault being committed against him. The Euro-Mediterranean Observatory said that the detainee, who was later released, is still suffering from extremely serious health and psychological effects as a result of the severe torture and sexual violence he was exposed to, and lives in a constant state of fear of being again subjected to abuse or targeting by the Israeli authorities. Euro-Med warned that one of the most revealing aspects of the Israeli authorities’ mishandling of the case is their preoccupation with pursuing the leak of the video recording, instead of focusing on seriously investigating an extremely serious documented crime. The former Israeli military prosecutor, Major General Yifat Tomer Yerushalmi, who resigned in October 2025, was subjected to an investigation by the Israeli police after she admitted that she had authorized the leaking of part of the video to the media, explaining that this came in the face of political pressure and disinformation campaigns that aimed to undermine the investigation into the incident. The Euro-Mediterranean Observatory considered that the welcome by Israeli Prime Minister Benjamin Netanyahu, along with figures from the Israeli right, of the dropping of the indictment, some of whom described the soldiers involved in the crime as “heroes,” reveals that the issue is not limited to the inability of the judicial system to hold the perpetrators accountable, but rather extends to the presence of an effective political will to decriminalize their actions and reframe them within the discourse of heroism and national duty, transforming the crime from an act that requires condemnation and accountability to an act that is celebrated. It is presented as a legitimate national action, and it confirms that the political, military and judicial levels in Israel do not work on separate paths, but rather within a single structure in which the roles are integrated to protect the violence practiced against the Palestinians and give it political and legal cover. Commenting on the decision, Netanyahu said in a statement: “The State of Israel must pursue its enemies, not its heroic fighters.” The Euro-Mediterranean Observatory confirmed that the Israeli military prosecution’s statement was not based on proving the innocence of the accused or the absence of the crime, but rather was based on evidentiary and procedural considerations, including the release of the Palestinian victim and his return to the Gaza Strip, in addition to what was called the “defense of justice” against the background of the behavior of senior officials in the prosecution itself, which confirms that the case was not dropped because the violation did not occur, but rather because the system that was supposed to carry out the duty of investigation and accountability was emptied of its ability and desire to enforce Justice. The Euro-Mediterranean Observatory said that the procedural pretexts used by the Israeli military establishment to justify dropping the indictment are nothing more than a cover for evading justice, as citing complications in the evidence or releasing the Palestinian victim and returning him to the Gaza Strip does not undermine the origin of the crime nor dispel the serious material data surrounding it, most notably surveillance camera recordings, medical documentation, and the conclusions of the Israeli doctors who treated the victim, all of which constitute an evidentiary basis. Independent and sufficient to prove that the crime occurred. He added that the state should not benefit from the obstacles it created itself. If it returned the victim to Gaza in a way that weakened the evidence or restricted the possibilities of prosecution, this does not absolve the accused or erase the violation, but rather constitutes additional evidence of the failure of the Israeli authorities to preserve evidence, protect the witness, and fulfill their duty to conduct an effective and serious investigation, especially in light of what Israeli reports revealed about the return of the detainee who was at the heart of the case to the Gaza Strip even without taking his testimony. regarding the crime that occurred against him. The Euro-Mediterranean Observatory added that relying on the so-called right of the accused to a fair trial to justify dropping the case turns the legal standard upside down, as fair trial guarantees, despite their essence, do not erase the original obligation on the state to seriously and effectively investigate crimes of torture, sexual violence, and cruel treatment, and to prosecute their perpetrators and hold them accountable. The Euro-Mediterranean Observatory added that the victims are not limited to those whom Israel is trying to label as “elite terrorists,” but also include civilians, journalists, and medical personnel, in addition to the fact that the victim himself was later released, which practically undermines any attempt to present him as a person against whom a charge has been proven or who posed a danger that could be used as an excuse to justify what he was exposed to. He stressed that the presence of fighters among detainees does not deprive them of the protection guaranteed by international law, as torture, sexual assault, and cruel and degrading treatment remain absolutely prohibited in all cases, and this protection does not lapse due to the status of the detainee or the nature of the allegations against him. He added that the pretext of protecting soldiers from “cruel monsters” is nothing more than a propaganda speech aimed at stripping the victims of their humanity and depriving them of the minimum legal guarantees due to every person under arrest. Detention. The Euro-Mediterranean Observatory stressed that what happened cannot be isolated as an individual incident or isolated transgression, but rather must be understood in the context of a broader pattern of systematic and documented violations against Palestinian prisoners and detainees, including physical and psychological torture, sexual violence, humiliation, stripping, electrocution, assault on the genitals, use of dogs, denial of treatment, and other forms of inhuman and degrading treatment, a pattern documented by the Independent International Commission of Inquiry and the Office of the The United Nations High Commissioner for Human Rights, along with international and Israeli human rights institutions, added that this description is also consistent with what the Euro-Mediterranean Observatory documented in a report it prepared on crimes of sexual violence against Palestinian prisoners and detainees, which it intends to publish in the coming days. The Euro-Mediterranean Observatory confirmed that the closure of the case came in the context of explicit and organized political pressure aimed at aborting accountability from the beginning, as the arrest of the suspected soldiers was followed by the storming of extremists, including right-wing ministers and Knesset members, into the “Sde Timan” and “Beit Lid” bases to prevent the proceedings from proceeding, while government and parliamentary figures took on the public defense of the suspects and portrayed their subjection to investigation as an attack on “heroes” and not in implementation of the law. Rather, MK Hanoch Milvedsky, of the Likud Party, publicly stated during a parliamentary debate that inserting a stick into the anus of a Palestinian detainee could be “a completely legitimate thing,” in a stark indication of the extent of the moral and political collapse surrounding the issue. He stressed that the material evidence available regarding the crime is clear and conclusive, and it cannot be labeled a “blood libel,” as Israeli Defense Minister Yisrael Katz claimed, as his claim that the trial was based on false accusations blatantly contradicts the documented facts, photographic evidence, and other material evidence surrounding the crime. He stressed that the prohibition of torture is an absolute prohibition that does not accept derogation or suspension under any circumstances, including war, emergency, or security allegations. International humanitarian law and international human rights law prohibit torture and humiliating and degrading treatment, and the Rome Statute considers torture and forms of sexual violence among international crimes that require accountability, not exemption from them under the pretext of defective procedures or faltering internal prosecution. He said that the most dangerous thing is that Israel is not content with closing the files of violations and obstructing accountability for them, but rather is moving towards re-engineering the legislative framework itself in a way that expands the tools of killing and exceptional punishment against the Palestinians and gives them a legal appearance. The push for the death penalty draft, along with the legislative process related to the October 7 events, confirms that the issue is no longer limited to misapplication of the law or deviation from it, but rather reflects a project to reshape the law itself to become a tool for legitimizing judicial killing, establishing selective justice, and providing institutional cover for more crimes against Palestinians. The Euro-Mediterranean Monitor called on the Prosecutor’s Office at the International Criminal Court to give urgent priority to investigating crimes committed against Palestinian prisoners and detainees inside Israeli prisons and detention centers, including torture, sexual violence, and murder under torture, as part of a broader pattern of international crimes that require prosecution and accountability. He called on the international community, including the High Contracting Parties to the Geneva Conventions, to exert effective pressure on Israel to fulfill its legal obligations, and to take concrete measures to stop crimes committed against Palestinian prisoners and detainees, including imposing deterrent international sanctions on Israel, including suspending military and security cooperation, halting arms transfers, and imposing effective economic, diplomatic and legal measures. He stressed that continuing to deal with Israel as a state above accountability, despite the documentation of grave crimes committed against the Palestinians, does not only represent a political and moral failure, but also directly contributes to enabling these crimes and perpetuating impunity. The Observatory also renewed its call on countries around the world to activate the principle of universal jurisdiction against anyone against whom there are serious suspicions of involvement in crimes of torture, sexual violence, and serious ill-treatment against Palestinian prisoners and detainees, and not to limit themselves to criticizing the failure of Israeli internal accountability mechanisms. The Observatory stressed the need to impose specific individual sanctions on the officials involved in committing these crimes, as well as on the military, political, and judicial officials who provide protection for them, incite them, or obstruct accountability for them, including travel bans, freezing assets, and stopping any forms of cooperation that may contribute to perpetuating impunity. He also called for sending an independent, specialized international mission to visit Israeli places of detention, document the conditions of Palestinian detainees, preserve evidence related to torture, sexual violence and ill-treatment, and ensure that it is not tampered with or destroyed. He also called on the International Committee of the Red Cross and relevant international bodies to intensify pressure for immediate and unrestricted access to all places of detention for Palestinians, to ensure oversight of their conditions, and to enable them to have protection, communication, and medical care. The Euro-Mediterranean Monitor called for the immediate release of all arbitrarily detained Palestinians, especially medical personnel, humanitarian workers and journalists, and to reveal the fate of all detainees and forcibly disappeared persons. The Euro-Mediterranean Monitor also called for Israel to be obligated to fully and fairly compensate the victims, survivors and their families for the physical, psychological and moral damage they suffered, in addition to guaranteeing their right to treatment, rehabilitation and rehabilitation. He also called on the international community to reject and confront any exceptional Israeli legislation that aims to expand the scope of the death penalty or create vindictive or discriminatory judicial processes against Palestinians, as they are considered legislation that deepens the discriminatory nature of the Israeli legal system and provides a formal cover for more grave violations.
