Military Attorney Speaks Out: "Fabricated Evidence Against Our Soldiers"

Just over a month ago, the Shaid Teiman controversy erupted when military police raided a camp used as a detention facility for terrorists and arrested nine soldiers on suspicion of mistreating a terrorist from the Nukhba unit. Attorney Efraim Damari, the principal lawyer representing the soldiers, has criticized chief military prosecutor, Major General Yifat Tomer-Yerushalmi, and is firmly asserting that the military prosecution is persecuting the soldiers. He is calling for the closure of their case.

"The arrested soldiers are reservists serving in Unit 100," Damari begins. "This special unit was created by the IDF and Shin Bet for handling and guarding Nukhba terrorists who infiltrated Israel. It's comprised of reservists from the elite IDF units. These soldiers left their homes, wives, and children, and set aside their businesses to serve in this temporary detention camp established at Shaid Teiman."

The official purpose of creating Unit 100 was to curb riots by detained Nukhba terrorists. "The incident with this abominable terrorist occurred when the soldiers caught him causing an incident with a female soldier, so they handled him exactly as you handle a wild animal of that type. During the altercation, this terrorist boasted to the soldiers about his brutal murders."

Can you tell us more about the identity of the terrorist?

"He is one of the cruelest terrorists Israel has known. He's got more than blood on his hands. He was a commander in Hamas's military wing in Shuja'iyya and personally embarked on a murderous spree at least in two kibbutzim, whose names are classified. The spree involved atrocities, including dismembering bodies. And suddenly, we're facing his testimony against that of our soldiers, and unbelievably, the prosecution prefers to believe him over the soldiers.

"He's got one of the bloodiest records," Damari emphasizes, "and to beautify him, the prosecution referred to him as 'Hamas Police' in the protocol. I freaked out like never before. I shouted to the prosecution 'Hamas doesn't have police; Hamas is a terror organization, not a police.' I was internally furious beyond words."

Attorney Efraim Damari

A Miracle on Tisha B'Av

A hearing for the soldiers was scheduled on Tisha B'Av. "I finished the morning prayer, folded my tallit, and headed to the military court in Atlit," Damari recalls. "During the drive, I got a call from a key prosecutor in the trial. He said to me, 'Listen closely, Attorney Damari. In the current situation, even Hashem won't get your soldiers out of prison.' That's what he said, word for word. And he continued: 'Their case reached the White House. President Joe Biden is personally involved, and none of the soldiers will go home. You're a religious believer, maybe only a miracle will free them.'

In other words, he suggested the case was rigged.

"I was in shock," Damari describes. "When he finished, I told him: 'Now listen to me, and listen well: We have our rabbis, and their prayers can work miracles. We are a people of miracles—something we acknowledge every day in our prayers. The prosecutor paused for a moment and then replied, 'Okay, let's see if a miracle will happen for you this time.'"

Damari ended the call and immediately began phoning rabbis he knew. "First, I called Rabbi Meir Mazuz. He was in the midst of lamentations, but he stopped for our call, took the phone, and spoke with me for a long time. I told him, 'Rabbi, the president of the United States is involved in this case, and the prosecution tells me there's no chance they will release our soldiers.' Rabbi Mazuz listened, advised me on what to say in the hearing, and blessed the soldiers.

"After our call, I contacted Rabbi Shmuel Eliyahu. I pleaded with him: 'Rabbi, your father was known for miracles, and we need one now. Please go to the Mount of Rest and pray at your father's grave.' I told him what the prosecutor had said, that even Hashem wouldn't help, and the rabbi told me: 'Write down what I'm saying. Because of what this prosecutor said, the soldiers will be released today. Where they claim Hashem is absent, that's where He will come to help you.' "

It was already late in the morning. In synagogues everywhere, worshippers were sitting on the floor, tearfully reading the Book of Lamentations, but Damari continued his calls to rabbis across the country. His next call was to Rabbi Yitzhak Barda. "I recited the soldiers' names to the rabbi and begged for a miracle. The rabbi wrapped himself in a tallit, began humming the mournful melody of the lamentations, and, with tears streaming down, blessed the soldiers."

What happened during the hearing itself?

"It was a very tough session. But towards the end, something strange happened. The military court's president suddenly banged on the table and told the prosecution, 'You better go outside and reach an agreement with Damari because there's a glaring hole in your evidence.' We went outside, conferred, and on that very day, the soldiers were released to house arrest. The first thing I did was confront that prosecutor and come full circle with him. I looked him in the eye and said, 'You have just seen proof that Hashem performed a miracle for us. Thanks to the prayers of the righteous and all of Israel, our soldiers are out.' "

"The Terrorist Threatened a Soldier"

Do you believe the video released to the media was edited with intent?

"Absolutely," Damari responds emphatically. "An international video editor was brought in, and he conclusively stated that the video was edited. I know exactly what the video truly shows. You can see the terrorist biting one of the soldiers I represent, kicking him, and trying to grab his baton. The prosecution didn't show this part of the video because it chose to show the public only what it wanted them to see."

And what about the medical findings? Are they falsified?

"Completely. I was able to prove through a medical expert that all the findings were forged, yet they continue to fight our soldiers and extend their house arrest. The prosecution pursues them as if they were the worst criminals. This is insane persecution."

So what's the chief military prosecutor's interest in prosecuting IDF soldiers during a war based on allegedly false charges?

"That's truly a tough question. I think there's an intent to curry favor with the International Criminal Court at The Hague and to present ourselves to the world as an 'enlightened' country that judges its soldiers even during war, and convicts them."

It all happens under the chief military prosecutor's leadership. Do you believe she should resign?

"I believe the course she led was and remains disproportionate," Damari prefaces. "This course paints our soldiers in the darkest light possible worldwide. From my viewpoint, the military prosecution needs to reassess and retract its recommendations against the soldiers. They should close the case.

"The chief prosecutor is indeed responsible for everything, and she shouldn't have arrested the soldiers so brutally. Clearly, she caused the world to unjustly suspect the soldiers of the most ethical army. Her actions only aid Hamas and harm our captives."

To conclude, Damari reveals some behind-the-scenes incidents during the hearings. "This cursed Nukhba terrorist told one of the soldiers I represent, 'I'll slaughter you like I slaughtered Jews on October 7.' It's crucial to understand we're dealing with terrorists who were taught that 'those who show mercy to the cruel will ultimately be cruel to the merciful.' Recently, the prosecution's theory is beginning to crumble because the terrorist's own version is collapsing from session to session. When Hashem decides it, no world leader's pressure will stop it, and our soldiers will be free, for Hashem is stronger than all the presidents in the world."