There is also no basis for the argument that the statement of the commander of the Central Intelligence Unit that Defendant 2 has only two choices – to give his version or to be charged with murder – constituted a threat, which led Defendant 2 to give his version. As noted, at the beginning of the interrogation, the commander of the Central Intelligence Unit tried to talk him in light of Defendant 2's statement that he was a witness to the murder, and after Defendant 2 explicitly said that he himself was not connected to the murder, he said to him, "So you have a duty. If you do not fulfill your duty, you will be arrested and you will be charged afterwards as well"; He explained to him that "everything... In the end, this will be revealed what I can tell you whether you speak or not"; and even told him that "you have two options, either you are with me or you are against me, there is nothing else" (ibid., at p. 3, paras. 3-24). This is not a threat, but rather an attempt to explain to the person who presented himself as a witness, that despite his fear of Defendant 1, he must share with the authorities the information he has.
Even after Defendant 2 gave his version of the incident and it became clear that he was connected to the murder (even though he insisted that he was surprised by Defendant 1's actions and was dragged into the incident against his will), the statements of the commander of the Intelligence Unit in the context in which they were said cannot be interpreted as a threat, but rather as an explanation of the choices available to him in light of the version he gave. This is what was said (ibid., at p. 13, paras. 24-36):
"The commander of the Brigade Unit: You have no other way, you have to, you have to report. If you don't report you're a murderer
Defendant 2: No problem, I'll report, but
Commander of the Intelligence Unit: So what would you rather be a murderer?
Defendant 2: Nope.
Commander of the Intelligence Unit: Great, you have two, it's your choices, you're caught up in this event, you say you didn't plan, no, you weren't planned. (unclear word) He surprised you, didn't he?