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The decision to release Zadorov set an important precedent, but it still leaves a bad taste

Judge Alex Stein creatively managed to erode the authorities' practice of easily revoking the liberty of civilians whose guilt has not yet been proven.

In doing so, he deafened the uncultivated field dealing with release from detention in a retrial - and set an important precedent.

It is just a pity that all legal creativity flourishes only when it comes to such a well-publicized case

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• Roman Zdorov

• Tair Rada

• Supreme Court

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Thursday, 26 August 2021, 14:25 Updated: 22:25

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In a world free of legal campaigns based on ignorant trends, I was happy with the decision this morning (Thursday) of Supreme Court Justice Alex Stein to release Roman Zadorov under house arrest.

For the avoidance of doubt, this sentence does not criticize Stein's decision.

We know that his decision is not tainted by any populism, as a week before Zadorov's release, Stein released under house arrest under electronic restraint a defendant in an unidentified murder, whose trial is extended beyond five years without a decision.

The hand of the law enforcement and judicial authorities in Israel is light on the trigger in denying freedom to citizens whose guilt has not yet been proven.

Any judicial decision that gnaws at this ease is welcome.

Judge Stein was required to discuss an "undeveloped field," as he himself defined the issue: release from detention until the end of the proceedings for a murder defendant in a retrial.

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At the basis of Stein's decision was the legal question - whether there was an "apparently significant erosion of the evidence underlying the conviction", which is a condition defined by the Courts of Release Law in such a situation.

Judge Stein explains in his decision that if the scientific opinion regarding the bloodshed and blood stain led Judge Hanan Meltzer to decide on a retrial, it means that there has been "a seemingly significant erosion of the evidence underlying the conviction."

If I understand his decision correctly, it means that any decision on a retrial is in fact a "significant erosion of the evidence", since if it were not, the decision on a retrial would not have been given.

Here that yes, Judge Stein plowed the field and set a precedent here.

The danger can be dealt with.

Zdorov after his release tonight (Photo: Flash 90, David Cohen)

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In the video: First conversation between Roman Zadorov and his lawyer (Walla system)

Detention is not a punishment, and if it is possible to hold a trial for serious crimes without depriving the accused of his full liberty, that is very good news.

Judge Stein then went on to discuss the combination of the weakening of the incriminating evidence, and the need to prevent false imprisonment, writing that: "The necessary connection between these two considerations ... leads me to the obvious legal conclusion."

In the matter of fear of danger, Judge Stein considered that it could be dealt with, and to that end added additional conditions to those set by the district court.

The conditions he added are: a ban on visitors entering a house where Zadorov will be detained except for the inspectors;

Prohibition of leaving the country and deposit of a passport (hallucinatory that they did not ask for it before), and another condition that seems precedent: Permission to wiretap phones, cell phones and landlines, as well as computers and other means of communication " Stop with electronic handcuffs. "

Deaf the field and set a precedent here.

Chief Justice Alex Stein (Photo: Flash 90, Jonathan Zindel)

Regarding the fear of escape, Judge Stein did not initially take seriously the concern raised by the prosecution, which incidentally came to the Supreme Court hearing a little sloppily.

Judge Stein remarked during the hearing that except for one heroic and well-publicized case of escape with an electronic handcuff, no other such cases are known.

At first his comment was unresponsive, later during the hearing the attorney general, Advocate Itamar Gelbfish, said that "they sent me WhatsApps now" about many more cases where there were escapes with electronic handcuffs. Come on. One

way or another, Stein's decision is creative and important Detention is not a punishment, and if it is possible to hold a trial for serious crimes without depriving the defendant of his full liberty, before trial, that is very good news. However, I admit that this decision also leaves, at least for me, a sour taste.

Released under house arrest.

Zdorov tonight (Photo: Flash 90, David Cohen)

More shifts

Did not conduct an aggressive campaign full of ignorance, which included slapping fabrications and viciously marking alternative defendants for no injustice on their part.

I have already written here that in Israel's legal history there are far more significant cases than the Zadorov case, in which the defendant had to face reasonable doubt.

Cases where not only was there no forensic evidence, as in the Zadorov case, but in cases where there was: no confession, no testimony, no shoe traces, nothing, in some cases not even a body.

These cases for many reasons attracted less public attention, did not conduct in their case an aggressive campaign full of ignorance, which included slapping fabrications and maliciously marking alternative defendants for no injustice on their part.

As I wrote here, the Israeli standard for the reasonable doubt test may be too demanding, but the Zdorov case, which includes a confession to Medvedev, is far from over.

However, Judge Stein has proved in his previous decisions that his decision is not tainted by any trend.

It is to be hoped that Judge Stein will receive more detention shifts, (though I suppose he will be less pleased with this hope of mine), in which more defendants, less well-publicized, will have his creative thinking on detention until the end of the proceedings.

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