A Remarkable Development: The Duma Confessions Are Thrown Out

2 Iyar 5778

17 April 2018



Yom Hazikaron, Israel’s somber Memorial Day, begins this evening at sundown and continues until tomorrow evening at sundown.


A special siren across the country will call all Israelis to attention at 8 pm to remember those who have fallen in defense of this country.


The News on the Israeli Street

Palestinian terror in the last 24 hours . . .

The Gush Etzion Road between the Tunnels Checkpoint and Al-Khader, the Postal Junction, Na’ala, the Hagai Junction, the Avraham Hasno Junction, Hevron, the Husan Bypass Road, the Jit Junction, the Gush Etzion Junction, Tekoa, Deir Abu Mash’al, Neve Tzuf, the Abud Bypass Road, Kiryat Arba, the Gush Etzion-Hevron Road, Halhul, Al-Fawwar, Tarqimiya, El Aruv, Luban a-Sharqiya, the Tapuach Junction, and Migdalot: these are but a few of the locations where Israelis were attacked by “rock” and Molotov throwing Palestinian terrorists yesterday.

Israel’s High Court of Injustice . . . 

Beginning today, we are going to refer to Israel’s High Court of Justice as Israel’s High Court of Injustice. Ruling after ruling, day after day, serves to show that little to no justice is being rendered by this body.

Yesterday, the High Court of Injustice ordered that the government must allow a Palestinian terrorist who was wounded on the border with Gaza last week to be transported through Israel to Ramallah for medical treatment.

It would be nice if the High Court of Injustice were as concerned about Israeli victims of Palestinian terrorism as it is about Palestinian terrorists themselves.

Speaking of legal injustice . . .

What do Nirit Zimora, Yaron Gispin, Rabbi Moshe Talbi, Netanel Arami, Avi Ben Zion, and Reuven Schmerling have in common?

They are/were victims of a police-judicial system which bends over backwards to support terrorists and suppress information about murders committed by Palestinian terrorists.

*A military court refused to try to try the Palestinian terrorist who viciously stabbed Nirit Zamora in the back with attempted murder.

*The Israel Police ruled that Yaron Gaspin committed suicide when his body was found 9 years ago. Two days ago, they changed their tune–ruling that he was murdered by a Palestinian terrorist.

*The Israel Police ruled back in 2013 that Rabbi Moshe Talbi  committed suicide by a gunshot to the head while sitting in his car at the entrance to his community of Revava in Samaria. When it became known that six more spent bullet shells and holes were found in the car, they were forced to change that conclusion to “murder with nationalistic” motivation. Nationalistic motivation means Palestinian terrorism.

*The Israel Police ruled back in September 2014 that Netanel Arami had “accidentally fallen” to his death while engaged in construction work in Petah Tikva. It turned out that he was murdered by Palestinian terrorists.

*The Israel Police ruled back in December of 2014 that 63-year-old Avi Ben Zion was simply the victim of car thieves when he was pulled out of his car and beaten to death with an iron bar near the Alon Junction in Samaria. The police later arrested and charged two Palestinian terrorists with the murder.

*Last year, we had the murder of Reuven Schmerling in Kafr Qassem. In that case, the police wanted the public to believe that his death was merely caused by a work dispute. They neglected to mention that he was stabbed repeatedly and decapitated. Eventually, two Palestinian terrorists were arrested for the murder.

All of which brings us to yesterday.

In yet another ridiculous arrangement between an Israeli prosecutor and an Israeli court, a Palestinian terrorist has avoided being charged with the murder of David Bar Kapra.

David Bar Kapra, beaten to death by two Palestinian terrorists on June 24, 2015.

David Bar Kapra, beaten to death by two Palestinian terrorists on June 24, 2015.

A plea deal whereby the terrorist was convicted of manslaughter instead of murderdespite the fact that the defendant and fellow terrorist beat the elderly Bar Kapra to death in his orchard at Moshav Padia and poured pesticide all over his body. 

Why was the defendant eligible for “manslaughter”? Because the Israel police absurdly ruled that the murder was not “nationalistic”.

The fact is that Bar Kapra–just like all the others mentioned above–was killed (or “almost killed” in the case of Zimora) because he was a Jew.

**Israelstreet thanks hakolhayehudi for elements of the above news article.



A Remarkable Development:

The Duma Confessions Are Thrown Out

Just over a month ago on March 14, your humble servant wrote a blog entitled “Morally Indefensible: The Government Admits The Duma Defendants Were Tortured.”

In that blog, I wrote this:

“As regular readers of israelstreet know, an Arab home in Duma belonging to the Dawabsheh family was firebombed back on July 31, 2015. Eventually 3 out of 4 members of the family died from their injuries. 

Despite extensive evidence that the arson was the result of clan warfare in Duma (numerous other houses belonging to the other members of the extended Dawabsheh family had been firebombed previously, and have been firebombed since), Israeli security forces embarked on a campaign against Jewish “Hilltop Youth.”

More than 20 were rounded up without warrants, subjected to torture by the Shin Bet, and detained for months without charges or trial.

Eventually, two young men “confessed.”

This week, the trial of those two men has begun in Lud. However, the defense is seeking to throw out the confessions on the basis that they were the result of torture.

In an amazing development yesterday, the Chief Prosecutor admitted that the torture–“special means”– took place, but asked the court to admit the confessions anyway. 

The Prosecutor went on to claim that the torture was legal because of the extraordinary circumstances involved. Incredibly, he claimed that despite the torture, the confessions were given of  “free will” and are legally admissible.” 

Well, something remarkable happened yesterday. 

The Prosecutor asked the Court that the confessions of the defendants be “waived.” Facing the certainty that the confessions would be thrown out because they were obtained by torture, the Prosecutor decided to try the case without them.

The suggestion is that the Prosecutor believes that there is enough evidence to convict the defendants without their confessions.

But obviously, one can only surmise that most of that evidence was gained on the basis of the now thrown-out confessions. None of this supposed “evidence” should be allowed in court.

In your humble servant’s opinion, the case against the defendants should be summarily dismissed.

One final thought: how many other trials of Jewish “Hilltop Youth” have been similarly tainted? how many other convictions should be thrown out?

Only time will tell.




This entry was posted in News and tagged al fawwar, Avi Ben Zion, because he was a Jew, clan warfare, confessions of the defendants be waived, david bar kapra, Dawabsheh family, Deir Abu Mashal, detained for months, Duma Confessions Are Thrown Out, El Aruv, halhul, hevron, High Court of Injustice, high court of justice, hilltop youth, Israel, Israeli victims of Palestinian terrorism, kiryat arba, legal injustice, Luban a-Sharqiya, manslaughter, memorial day, Naala, Netanel Arami, neve tzuf, nirit zimora, palestinian terror, Rabbi Moshe Talbi, Reuven Schmerling, siren, subjected to torture, summarily dismissed, suppress information, tainted, Tarqimiya, tekoa, the Abud Bypass Road, the Avraham Hasno Junction, the Gush Etzion Junction, The Gush Etzion Road between the Tunnels Checkpoint and Al-Khader, the Gush Etzion-Hevron Road, the Hagai Junction, the Husan bypass road, the Jit Junction, the Postal Junction, the Tapuach Junction, Yaron Gispin, yom hazikaron. Bookmark the permalink.

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