Israel Police investigate 3 Israelis for allegedly executing Hamas terrorist on Oct 7, court lifts gag order

The Israel Police are currently investigating three Israeli citizens accused of unlawfully executing a Hamas terrorist during the fighting on Oct. 7 of last year, Israeli media reported last Thursday, after the lifting of a gag order.

Following the investigation that began last December, three suspects were detained last week, with one of them remaining in custody until the end of the proceedings, Ynet News reported.

The case provoked outrage among the suspects’ families, as well as politicians from both sides of the aisle, including far-right Knesset Member Almog Cohen and centrist National Unity Party leader Benny Gantz, who stressed that everyone who was involved in the fighting that day should receive “full backing.”

According to the police, the two suspects who were released under restrictions – a 22-year-old resident of Elkana and a 30-year-old from Tel Aviv who did not know each other – both rushed to the Gaza Envelope unarmed and on their own initiative to help.

The two suspects began arming themselves by taking weapons from IDF soldiers, who had already perished, and then met the third suspect, who was later accused of impersonating a soldier and stealing weapons and ammunition.

At some point during the fighting, a terrorist from Hamas’ elite Nukhba Force was captured by the three suspects. Police footage reportedly showed two of the suspects beating and kicking the terrorist.

While the suspects maintain that they later handed the terrorist over to security forces while he was alive, the police accused them of executing him at the end of an interrogation.

Police investigators filed an appeal with the Tel Aviv District Court to keep all three in detention, however, the judge stated there was no reasonable suspicion that warranted their arrest. The judge also reportedly wondered about the gag order, which the police said was put in place to avoid Hamas taking revenge by harming the hostages.

The state attorney later released a detailed statement after several politicians and media outlets criticized the case, defending the investigation which it said was originally started on the suspicion of weapons theft.

Information was later revealed that led to the prolonged detention of one of the suspects on suspicion of fraud and impersonation. He is also the main suspect in the murder case, as the police footage showed him beating a handcuffed Palestinian who the attorney said was later found dead.

“In this case, there is a reasonable suspicion of committing the crime of murder… In view of those sensitive circumstances, one can understand the long continuation of the investigation procedures,” the District Court statement read.

One of the two released suspects was reportedly interrogated after a written statement in which he bragged about killing and beating several terrorists during the fighting was found – a statement which allegedly turned out to be exaggerated.

According to the state attorney, an illegal handgun and rifle parts were found during searches of the suspect’s home.

The families of the suspects strongly criticized the police for their arrest, calling them “heroes” who endangered their lives to help save people during the Hamas invasion.

“He did nothing but save lives,” said the mother of one of the suspects. “Who in the country has an interest in arresting them because of a terrorist who raped, murdered and massacred people? This is a delusional investigation that is all a false plot.”

The mother of the suspect from Elkana said, “My son is a hero, he left home as a released soldier on October 7 with his medic bag and went to the south without a weapon. Suddenly, nine months after he saved lives in combat and guarded the bodies of our fighters so they wouldn’t be kidnapped, the police arrest him on suspicion of murdering a Nukhba terrorist.”

“How ludicrous to turn a heroic child into a murder suspect. It turns the stomach to see him on the suspect bench, but we believe in justice.”

The families of the suspects specifically asked to have the gag order canceled.

“Let the public know how ridiculous this is,” said one of the mothers, adding, “The police are trying to hide from the public how my son is being blamed for the murder of a Nukhba terrorist.”

According to one of the families’ attorneys, the decision to release the suspects “proves that the police have no basis for suspicion.”

Knesset Member Almog Cohen from Itamar Ben Gvir’s Jewish Power (Otzma Yehudit) party, welcomed the court’s decision after campaigning for lifting the gag order on the case for several months.

He accused police prosecutors of making a “perverted use of its authority” in requesting the gag order in the first place, and called one of the suspects a “warrior who jumped into action on October 7 and saved lives.”

Gantz also supported the accused suspects in a long post on 𝕏.

“The evidence regarding the citizens arrested on suspicion of unlawfully killing terrorists is not in my hands, and I trust law enforcement officials."

He also wrote: “October 7 was the day of the greatest disaster in the country’s history. On this day, many heroes arose – soldiers, members of standby units, policemen and civilians – who fought bravely and many of them fell in battle.”

“However, it is important to say that on principle – the lives of any Gazan who crossed the border line that day was forfeit. All of them were a clear and immediate danger. We must remember, there were many weapons in the area, and some of the terrorists also functioned as drivers who kidnapped civilians.”

“Therefore, in this situation of chaos, surprise and guerrilla warfare for many hours, we must give a broad back and full support to those who were fighting, whether soldier, policeman or citizen. This is our duty towards those who saved human lives and protected our country, and I believe that the law enforcement system will also act in this spirit,” Gantz wrote.