Israeli court unlikely to order probe into police actions in Kestelman case
Israel’s High Court of Justice indicated that it is unlikely to order the opening of a criminal investigation into Jerusalem police officers over their actions in the case involving the death of Yuval Kestelman. As reported by the Jerusalem Post, on September 14, 2026, a panel of three judges, following a hearing, proposed that the deceased man’s family withdraw its petition. The family refused and asked for a reasoned ruling.
Until it is issued, Attorney General Gali Baharav-Miara’s decision not to open criminal proceedings remains in force. Judge David Mintz said there had been negligence and unprofessional conduct in the case, but that, in his words, establishing the existence of criminal intent and a criminal act would be “very, very difficult.” Judge Yael Willner noted that the mere possibility of a criminal element was insufficient for the court to intervene in the attorney general’s decision.
Burial without an autopsy
Yuval Kestelman, a 38-year-old lawyer from Mevaseret Zion, was killed on November 30, 2023, near the entrance to Jerusalem. He intervened when two Hamas militants opened fire and helped stop the attack. Afterward, Israel Defense Forces reservist Aviad Frija opened fire on him, allegedly mistaking Kestelman for a terrorist.
Police released Kestelman’s body for burial without conducting an autopsy. A week later, the body was exhumed after a military investigation concluded that an autopsy was necessary. The examination found a bullet and two fragments, contradicting an earlier police statement that there were no bullets in the body.
More current news is available on the UA.News Telegram channel Telegram.
The family argues that the decision to release the body for burial without an autopsy and, in its assessment, false and contradictory explanations from the officials involved give grounds to suspect deliberate obstruction of the investigation. State representatives acknowledged serious administrative and professional errors but said there was no evidence of intentional actions by law enforcement officers.
Separate proceedings over the shooting
The family’s petition concerns the police officers who first handled the case and is separate from the military court proceedings against Frija. According to the military prosecution, he continued firing after another soldier called for a ceasefire and Kestelman raised his hands, removed his jacket, and was no longer holding a weapon. Frija denies criminal responsibility; he is being tried on a charge of manslaughter with diminished responsibility.
Following an internal review, police strengthened procedures for documenting decisions and conversations and introduced referrals of bodies for forensic examination in cases of death resulting from injuries or other unusual circumstances. Prosecutorial approval is also required to release a body after an unnatural death.
