The two young boys accused of murder and attempted murder in the attacks in Shuafat and the City of David neighborhoods of Jerusalem will only be sentenced to short incarceration terms, in accordance with Israeli law that prohibits the extended jailing of minors under 14.
Until 2019, there was a temporary provision that allowed such boys to be transferred to maximum security prison when they reached the age of 14 so that they could continue to serve their sentence. But the validity of this temporary order expired, and for some reason, no one bothered to renew it, likely due to the rare nature of such cases that required the law. As a result, it is likely that the two boys will serve sentences of less than 5 years.
#Israel refused to jail another Palestinian "baby," 13 year-old Mahmud Alaywat, who killed 7 Israelis on Jan 27. Israeli law doesn't allow trying people under 14. He was sent to a hospital for treatment. 2 family members will stay with him, 5 can visit anytime. pic.twitter.com/CLnoKOhzia
— Hussain Abdul-Hussain (@hahussain) February 23, 2023
Currently, Israel’s Ministry of Justice is working on amending legislation that will regulate this legal loophole, and the unbearable reality derived from it. During the week Yedioth Ahronoth reported that the Supreme court ordered the transfer of the 13-year-old terrorist Muhammad Aliyat, who seriously wounded an Israel Defense Forces officer in the attack in the city of David, to a secure juvenile rehabilitation center in the north under improved conditions. The terrorist is accused, among other things, of attempted murder with a terrorist-nationalistic motive.
While attending the rehabilitation center, he will not be kept in handcuffs under any circumstances, there are no closed wings and five close family members will be allowed to visit him frequently. This decision has been drawing criticism both from the police and mainly from the Minister of National Security Itamar Ben Gvir. "The court that released the abominable terrorist who shot and seriously wounded a Jew in the city of David from prison to a closed rehabilitation center and the prosecutor's office made a serious mistake," the minister said in a statement.
Have they destroyed his family house yet? You can’t afford to treat a 13 year old terrorist as you would a normal teenager. This is a criminal and he has to rot in jail. It doesn’t matter where they are from, Africa, Israel or Palestine, if you commit a terror act, face the music
— Richardson 🇳🇬🇨🇦🇬🇧 (@IfeLove42552937) January 28, 2023
The attorney's office said in response to Ben Gvir’s statement that "We would like to clarify that according to the law in the State of Israel, a minor under the age of 14 cannot be detained behind bars after the filing of an indictment, therefore the criticism of the attorney's office in this regard is unfounded." The short sentences of the terrorist boys come amid protesting and rioting against the judicial reforms in Israel, which seek to eliminate, among other things, bureaucratic clauses allowing the Israeli High Court to act in no accordance with the will of Knesset members and the Israeli public.
