JNS
The appeal cites "escalation in violence" and the need for stronger deterrence to prevent future terrorist acts.
The State Prosecutor's Office is set to appeal the sentencing of several individuals convicted of committing racially motivated terrorist offenses during the Israel Defense Forces' "Operation Guardian of the Walls" in May 2021.
According to the prosecution, the actions of the three defendants constituted a severe and tangible "escalation" in violence during a turbulent security period, amid riots, and therefore their punishment should be the most severe permitted by law.
Defendants Muhammad Othman and Mustafa Masri were convicted of numerous offenses, including terrorist acts of aggravated assault, weapons offenses, rioting and more. Othman was additionally convicted of terrorist acts of arson. The Haifa District Court sentenced them to 11 and 12 years in prison respectively, along with suspended sentences and fines.
According to the indictment, the defendants fired at police officers during a riot in Acre during the "Guardian of the Walls" riots. Othman also set fire to Jewish-owned businesses and a hostel where dozens of guests were staying.
Defendant Hamed Gilawi was convicted in the Beersheva District Court of terrorist acts of aggravated assault, use of weapons for terrorist purposes, terrorist act of throwing stones at moving vehicles, racially motivated vandalism of vehicles and more. He was given 10 years in prison, along with a suspended sentence and fines.
According to the indictment, the defendant, along with others, threw stones at vehicles on an intercity road near Rahat, intending to harm vehicles of Jewish drivers, hitting eight. At one point, the defendant drew a gun and fired two shots at vehicles from close range, hitting two different cars.
One of the bullets even penetrated the passenger compartment and hit the seat back of a passenger. Miraculously, the incident did not end in loss of life. Later in the evening, the defendant also participated in a disturbance and riot elsewhere in the country, during which he threw a stone at a group of Jews.
In the appeals submitted to the Supreme Court by the head of the Criminal Department at the State Prosecutor's Office, Adv. Rachel Matar, it was noted that although the sentences imposed on the defendants are not light, the state's position is that when a person fires live ammunition during disturbances, the punishment should be substantially more severe. This is also true for those who set fire to buildings in general, and occupied buildings in particular, and even more so when dealing with acts of terror.
Matar further noted that the sentence imposed on the defendants is inconsistent with the clear call for harsher punishments, as learned from the legislator's directives in the provisions of the Counter-Terrorism Law and the Supreme Court's rulings. The appeals also stated that the punishments were inconsistent with the need to effectively deter both the defendants and other offenders.
Israeli National Security Minister Itamar Ben-Gvir has spoken many times about instructing the police to prepare for another wave of riots similar to those that took place in May 2021, calling the possible scenario “Guardian of the Walls 2”.
In January 2023 he said that it was just a matter of time, and following Hamas’s attack against Israel in October of that same year once again instructed the police to prepare for such a scenario.
