12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)The defendant viewed many publications and videos on behalf of ISIS, including war videos of the organization, including shots fired during battles, bombings, and including publications and videos that include a direct call to commit a terrorist act, as well as words of praise, sympathy or encouragement for a terrorist act, as well as documentation of a terrorist act.
- In the factual part of the indictment The following facts are attributed to the defendant: From 2014 until the date of his arrest, on dates that are not known to the accuser, and on a continuous and continuous basis, the defendant, who was aware that Da'ar'ar was a terrorist organization, took an interest in these contents frequently, and in some cases even did so with others.
The defendant browsed the Internet, channels and designated websites of the Islamic State organization; Read the organization's news and updates and showed great interest in the organization's activities around the world; Watch the organization's war videos, including shootings, battles, bombings, executions, and more. In some cases, the defendant watched and shared this content together with others.
On a date that is not known to the accuser, after October 7, 2023, and against the background of the "Iron Sword" war, the defendant decided to join ISIS.
Afterwards, at a date unknown to the accuser, the defendant made a 'bi'a' to Abu Hefetz al-Hashemi al-Qurashi, the organization's new caliph, and thus joined the organization as a member.
Shortly thereafter, until the date of his arrest on July 16, 2024, and more intensively and intensely, the defendant surfed through many ISIS media content, including the organization's news, guerrilla wars, shooting and executions, bombings, beheadings, mutilated bodies, and more.
On a date that is not known to the accuser, during the course of 2024, the defendant downloaded many media files containing information about the preparation of explosives and the preparation of poisons, and more, using his mobile device. In his aforementioned actions, the defendant was a member of a terrorist organization, and they were capable of harming the security of the state.
- In the hearing on October 10, 2024, the defense raised a preliminary argument according to Section 149(4) of the Criminal Procedure Law [Consolidated Version], 5742-1982, in Gedera argued that the facts of the indictment do not constitute an offense. It was argued that the execution of an oath of allegiance to the terrorist organization Da'ar'ar Shashna (hereinafter: "bi'a") is not possible privately and "one-way", but requires acceptance from the terrorist organization to which the oath seeks to join. The accuser requested that the argument be rejected at the hearing and in a supplementary written reply that she submitted. In my decision of November 24, 2024, it was determined that the application should be decided after hearing all the evidence, and it is clear that since this is the main legal question in dispute, it was discussed in detail in this judgment.
Copied from NevoResponse to the Indictment
- The defendant denied unknowingly what was alleged in paragraphs 1 to 7 of the general part of the indictment, and added that they did not relate directly to him.
The defendant confirmed paragraphs 8-9, according to which he had watched videos that referred to ISIS, but denied that he had "consumed" propaganda content or propaganda materials as detailed therein.