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Thursday, August 11, 2005
Soldier Sentenced to 8 years in the Death of Tom Hurndall

August 11, 2005

IDF SPOKESPERSON ANNOUNCMENT

Sgt. Taysir Hayb sentenced to 8 years in the death of British national
Tom Hurndall

Today, August 11th 2005, the IDF Southern district military court
sentenced Sergeant Taysir Hayb to eight years in prison and an
additional two years suspended sentence after being convicted of
manslaughter following the death of British national Tom Hurndall. The
soldier was found guilty of five additional counts, including two counts
of obstruction of justice, and one count of submission of false
information, solicitation to submit false information, and conduct
unbecoming a soldier.

On April 11, 2003, Hurndall, an activist of the International Solidarity
Movement, was wounded by a shot fired by the soldier, Sergeant Taysir
Hayb, along the Israeli-Egyptian border near Rafah. On June 27th, 2005
the military court found that the soldier fired a single shot,
intentionally, at a point near Hurdall's head, in complete contravention
of the rules of engagement. Hurndall was wounded as a result of the shot
fired, and died of his wounds several months later, on January 13th
2004.

The court found that the defendant fabricated a series of events in an
attempt to cover up his actions and absolve himself of responsibility
for the shooting and its consequences. Immediately after the incident he
reported a made-up incident, concealed the truth during the field
investigation conducted by the battalion and brigade commander, and
tried to solicit another soldier to support his false rendition of
events.

The court found the soldier's action to be very severe, and in
contravention of the values of the IDF, foremost among them the sanctity
of life. The judges said in the sentencing: "We have taken many aspects
into consideration, both in favor of the defendant and against him, but
foremost among them is the sanctity of life and that is what will guide
us with regard to the punishment. The court must send a clear message
that, despite the period of murderous terror attacks in Israel, and
although the soldiers (stationed along the border in the area of Rafah)
may find themselves the most dangerous area of combat, serving with
determination in a position that may endanger their lives, IDF soldiers
must use their weapons and exert their potentially lethal force only
when such an extent is required for the completion of their mission and
never beyond that.

They must take every measure within their power to prevent any harm to
human life, person or dignity.

The military prosecution will further study this sentencing and will
consider filing an appeal in accordance.

The IDF condemns the actions of the soldier, which are completely in
contravention of IDF ethical values. The IDF express its sorrow over the
death of Tom Hurndall, and extends its condolences to the family.

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