Mar 16 • 08:57 UTC 🇮🇱 Israel Haaretz

The Supreme Court ruled that all defendants in the smuggling case to Gaza will be released to house arrest

Israel's Supreme Court has ordered the release to house arrest of 15 defendants involved in a smuggling case related to the Gaza Strip, despite police objections.

On Monday, the Supreme Court of Israel rejected a police appeal and ruled that 15 defendants, including Bezalel Zini, brother of the head of the Shin Bet, David Zini, are to be released to house arrest. The presiding judge, Gila Kanfi-Steinitz, criticized both police and prosecution efforts to label the defendants' actions as aiding an enemy state, highlighting doubts about the strength of the evidence presented.

Judge Kanfi-Steinitz noted the police's argument that the defendants' actions and goods brought into Gaza amounted to direct assistance to the enemy, stating that the attempt to broaden the scope of the alleged offense faced substantial challenges. She emphasized that the factual and evidential foundation did not currently support a convincing case for the required elements of the alleged offenses at this stage. The court's decision reflects a significant scrutiny of the legal constructs relied upon by the prosecution in this case.

While the judge acknowledged that the prosecution might eventually succeed in convincing the court about their interpretation of the aiding an enemy offense during the proceedings, she concluded that releasing the defendants to house arrest was appropriate at this moment. This ruling raises important questions regarding the legal interpretations of aiding an enemy in the context of Israel's ongoing conflict with Gaza and may have broader implications for similar cases in the future.

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