Case Number

CA 124/87

Date Decided

5-24-1987

Decision Type

Appellate

Document Type

Full Opinion

Abstract

The appellant, an IDF officer holding the rank of lieutenant, was convicted by a special military court of treason under Section 43(7) of the Military Jurisdiction Law, 1955, and of aggravated espionage under Section 113(b) of the Penal Code, 1977. These accusations referred to the conveying of information on the IDF to the enemy, namely, to a Lebanese resident whose name is specified in the charge sheet and proved in court, and who on the relevant date, that is in 1979, was a senior commander in the Al-Fatah organization. The appellant was further convicted on two charges relating to the offence of assisting the enemy under Section 44 of the Military Jurisdiction Law, 1955, and aiding the enemy in wartime under Section 99 of the Penal Code, 1977, in connection with his meeting with another resident of southern Lebanon whose name is specified and confirmed as in the case of the aforementioned person, with the aim of having the appellant carry out missions of transferring combat materiel to Israel. Finally, he was convicted on eight counts relating to the offence of treason, under Section 43(2) of the Military Jurisdiction Law, 1955, and aid to the enemy in wartime under Section 99(a) of the Penal Code, 1977, which with respect to their facts refer to the transfer of bags with combat materiel upon the request of the aforementioned person from Lebanon to Israel. The special court sentenced the appellant to 18 years' imprisonment. His sentence also included expulsion from the army, which automatically means cancellation of his military rank.

Keywords

Constitutional Law -- Basic Law: Human Dignity and Liberty

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