Ahead of Yom Kippur, President Isaac Herzog decided to grant Elor Azaria’s request to shorten the remaining period of his criminal record, thereby allowing him to move forward with his life.
After many years during which Azaria bore the consequences of his actions, the President believes that the totality of the circumstances, the passage of time, and the regret he expressed justify allowing him to make a fresh start. The decision was also made in the spirit of this period and out of a belief in the importance of rehabilitation, reconciliation, and the ability to move forward.
This evening, Saturday night, 8 Tishrei, September 19, the President signed an order shortening the period before Elor Azaria’s criminal record is expunged, after considering all the circumstances of the case and the relevant factors pertaining to the request.
At the heart of the President’s decision, in the spirit of the Jewish period of mercy and forgiveness, were the following considerations:
• The significant amount of time that has passed since the affair.
• The fact that he served the sentence imposed on him.
• The limitation period relating to the offenses he committed has long since expired.
• His personal and family circumstances have changed over the years.
• His desire to remove the barriers he currently faces in employment and to make a fresh start in his life.
In his request to President Herzog, Azaria explicitly emphasized that he respects the values of the IDF and holds them dear, and that today, as the father of two young children, he wishes to raise them in accordance with those values. In his request, he expressed regret, among other things, over the serious consequences of the affair. It should be noted that in his first request, submitted to President Rivlin, he stated that, based solely on a retrospective analysis of the incident, the shooting had been an operational mistake and that, in hindsight, he would not have carried it out.
The President also gave weight to the complex medical circumstances faced by the Azaria family in the years since the affair began, as well as to the changes in Elor Azaria’s life since then. Taking these factors into account, and with approximately a decade having passed, after Azaria served his sentence and paid his debt to society, and given that then-IDF Chief of Staff Lt. Gen. Gadi Eisenkot reduced his sentence, the President believes that the time has come to allow him to move forward with his life.
The President emphasizes that his decision is not intended to challenge or undermine the judicial proceedings conducted in the case, nor does it constitute a reconsideration of them. The President views the military justice system as an essential instrument for safeguarding the rule of law, the IDF’s values and principles, and, in particular, strict adherence to the principle of purity of arms. The President makes clear that the institution of presidential clemency is an act of mercy; it is not an appellate court. Azaria likewise made clear in his request that he has no intention of reopening the matter.
Accordingly, and also taking into consideration the positions presented on the matter, both in the past and at present, by relevant officeholders, President Herzog accepted Defense Minister Israel Katz’s recommendation to immediately shorten the period of Elor Azaria’s criminal record.