The family of a border fighter who fell on the border of the Gaza Strip, the late Bar-El Hadaria Shmueli, warns that if she does not receive details from the army regarding his fall by November 20, she will petition the High Court.
On August 21, the late Hadaria Shmueli, an outstanding Border Police fighter in the border, was shot at zero range by a Palestinian terrorist on the Gaza border. Nine days later, he died of his wounds. His family sent a letter to Chief of Staff, Lt. Col. Aviv Kochavi, To the Prime Minister's military secretary, General Avi Gil, and to the Chief Military Prosecutor, General Yifat Tomer-Yerushalmi, the letter, sent through attorney Ran Cohen Rochberger, stated that this was the third time the family had approached the army demanding answers.
"70 days after the incident, and at the end of two months after his death from Bar-El's wounds - which are very long and unreasonable in the circumstances - the family reiterates its request to receive these," it was written.
The late Sgt. Bar-El Hadaria Shmueli, Photo: Border Police spokeswoman
The family, according to the letter, demands to receive "a factual, detailed and reasoned answer to the request that an objective military commission of inquiry be set up outside the chain of command", as well as "an answer to all sharp questions regarding the course of that horrific event."
The army was also asked to provide the family with all the military videos documenting the incident.
The letter also detailed the poignant questions that the family asks for an answer to, including: Why did Bar-El jump into the complex activity, when he did not serve in the sector regularly for a year and a half and did not know it?
Why was he added to the activity without being trained for it?
How were hundreds of violent Palestinians allowed to get right up to the system?
Why were no snipers fired at the main instigators, and why were no tear gas used?
Documentation of the shooting incident on the Gaza border, in which Sgt. Bar-El Hadaria Shmueli was killed, Photo: Border Police spokeswoman
The family also demands to know why no immediate change of direction was given to ensure the protection of the soldiers, and why the IDF did not fire or take any other action to capture the perpetrator. The family also demands information about the army's preliminary medical preparations.
"The questions raised by the family indicate serious systemic failures at all levels, in relation to all stages of activity in the incident: in the operational preparation of the battle procedure before the incident, during the incident and possibly also after it," it was written.
"The family has already stated that it will not accept conclusions that will again refer the responsibility to SAG only, and that it demands that a rigorous, objective and independent examination be conducted."
Advocate Ran Cohen Rochberger, the family's attorney, said that “the family has been waiting in pain for an unreasonable amount of time to receive the findings, which are being delayed without justification.
If these are not delivered as soon as necessary, the family will be forced - with sorrow and pain - to file a petition in the High Court against the IDF and its commanders.
In a reply received from the Chief of Staff's Office following the request, signed by Assistant Chief of Staff, Col. Eyal Cohen, it was stated that
No discrepancy was found with respect to the fire opening rules, and they were not changed at any stage before or during the incident.
"The IDF is working to formulate a summary of the main points of the investigation. We regret the time that has elapsed since your previous inquiries, but we would like to point out that the formulation of the response as detailed above is still in progress."
Asked by Israel Today, the IDF Spokesman said in response that the IDF shares the grief of the family of the late Sgt. Bar-El Hadaria Shmueli, continues to accompany and strengthen her. And his conclusions will be presented to the family. "