Sunday, May 8, 2011

Abu Rahme v. Mandelblit, No. 7195/08 (Isr. 2009)

The Supreme Court of Israel sitting as the High Court of Justice has made available in English translation its important 2009 decision in Abu Rahme v. Mandelblit. The court found "extremely unreasonable" the decision of the Military Advocate General and Chief Military Prosecutor to treat abuse of a prisoner as a minor offense. According to Justice Procaccia, "the moral gap between the nature of the act described in the indictment and the manner in which it was evaluated in the indictment -- as amounting to an offense of unbecoming conduct -- is so profound that it cannot stand." ¶ 91. Rubinstein and Melcer JJ. concurred.