Decision of the Military Advocate General to Order the Withdrawal of an Indictment:

15.03.26
IDF

Decision of the Military Advocate General to Order the Withdrawal of an Indictment

In light of significant developments that have occurred since the filing of the indictment concerning an alleged conduct that took place in the "Sde Teiman" detention facility, and exceptional circumstances that negatively affected the ability to continue prosecuting the case while also preserving the right for 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 decision was taken following an examination of all considerations, evidence, and relevant circumstances, including the following:

  1. The complexities regarding existing evidentiary basis.
  2. Extremely exceptional and unprecedented circumstances due to conduct by certain former senior officials in the Military Advocate General's Corps in relation to this specific case.
  3. Difficulty to transfer 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 unattainable 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.
 
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.

In light of the severe professional failure this case exposed, the Chief of the General Staff instructed to draw lessons and to take all the requested steps to prevent similar recurrences 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.

For a summary of the reasons underlying the decision, click here.