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On 4 November 2008, the judge advocate general, Brig. Gen. Avichai Mandelblit, informed the High Court of Justice that, despite the court’s suggestion that the prosecution consider filing more serious charges against Lt. Col. Omri Borberg and Staff Sgt. L. in the case involving the shooting of a bound and blindfolded Palestinian in Ni’lin, he decided to leave the indictment as it is.
Attorney Dan Yakir, of the Association for Civil Rights, stated on behalf of the petitioners – the Association for Civil Rights, B’Tselem, the Public Committee Against Torture in Israel, and Yesh Din – that, “We regret that, despite the severe criticism voiced by the High Court, the JAG remains firm in his opinion that abuse of a bound Palestinian detainee by a senior officer and shooting him is, at most, unbecoming conduct. The High Court now has the task of determining the appropriate response for such serious acts.”