"Police beat me up": A burglary defendant's complaint and the court's criticism
An illegal resident is accused of breaking into a Tel Aviv wine bar and stealing equipment worth 4,000 shekels. Following his arrest, he was hospitalized with facial injuries and required a liquid-only diet for six weeks. The judge noted a significant discrepancy between police accounts and medical reports, subsequently ordering the defendant's release on bail.
A young man from the town of Aqraba in the Shechem area, facing charges for illegal presence in Israel and breaking into a Tel Aviv wine bar, was hospitalized after his arrest with significant facial and dental injuries. He was required to consume only liquid food for six weeks following the incident.
He filed a complaint with the Police Investigation Department (Mahash), alleging he was beaten by officers. While police claimed a struggle ensued due to the defendant's resistance, his defense attorney maintained that he was assaulted. Judge Benjamin Hirschl Doron highlighted the difficulty in reconciling the operational reports with the defendant's medical condition and ultimately ordered his release on bail.
According to the indictment, the 21-year-old from Aqraba entered Israel without a permit approximately one week prior to the incident. Prosecutors allege he and an accomplice broke into a wine bar warehouse in Tel Aviv, damaged an internal door, and stole two Apple laptops valued at approximately 4,000 shekels. The defendant was arrested near the scene with the stolen property in his possession.
During interrogation at the Lev Tel Aviv police station, he admitted to entering Israel illegally but denied the burglary, claiming he found the items on a street table. The police requested his continued detention until the end of proceedings, citing public danger and flight risk, despite the defendant having no prior criminal record.
During the detention hearing, the circumstances of the arrest were scrutinized. The police representative presented a report stating the defendant resisted arrest, leading to a struggle. When asked about body cameras, the state representative noted no indication that the arresting officer had used one. Conversely, defense attorney Hagit Rachmani of the Public Defender's Office presented a medical certificate confirming a broken jaw and damaged teeth.
Judge Doron, while stopping short of ruling that police attacked the defendant, explicitly addressed the discrepancy:
"Even I, after reviewing the operational reports, find it a bit difficult to understand the gap between the description of the injuries by the patrol officer and the significant injury that is evident in the medical certificate and is even evident now on the respondent's face."
Given the defendant's lack of prior convictions and his medical condition, the judge ordered his release on bail with a guarantor. The police ultimately decided not to appeal the decision. The Israel Police stated that the report regarding the use of force has been transferred to the Police Investigation Department as per standard procedure.
