High Court Rejects Castleman Family Petition Over Police Investigation

The High Court of Justice has rejected a petition filed by the family of the late Yuval Castleman against the Attorney General, meaning the decision not to launch a criminal investigation against Jerusalem District Police officials involved in the initial probe into his death will remain unchanged.

Castleman was shot and killed during a terrorist attack at the Givat Shaul intersection at the entrance to Jerusalem. His family petitioned the High Court against Attorney General Gali Baharav-Miara, demanding an explanation as to why she refused to overturn the rejection of their appeal against the Police Internal Investigations Department's (PIID) decision not to criminally investigate the police officers.

The incident began when two armed terrorists arrived at the intersection, descended from their vehicle near a bus stop, and opened fire at civilians, killing three and wounding others. Castleman, who was passing by on his way to work, noticed the unfolding attack, bravely drew his personal firearm, and rushed toward the terrorists to neutralize them.

After the terrorists were neutralized—one by Castleman himself—he moved away from their vehicle, discarded his pistol, removed his coat so as not to be mistaken for carrying a weapon, threw his ID card in front of him, knelt down, and raised his hands to ensure he would not be mistakenly identified as a terrorist.

Despite his efforts, Castleman was shot by reserve soldier Aviad Frija, who was present at the scene. Castleman was evacuated to Shaare Zedek Medical Center, where doctors fought for his hours, but his condition deteriorated and he was pronounced dead later that day. By his actions, Castleman saved the lives of numerous civilians. Frija is currently standing trial.

On the night of the attack, the Israel Police issued a public statement claiming there was no room for a criminal investigation into Castleman's death, as it involved a cross-fire incident. Castleman's body was released for burial without an autopsy following a decision by the lead investigator and with the approval of the former head of the Jerusalem Central Unit, and he was buried the following day.

After media outlets published a video documenting Castleman's final moments, the police reversed their stance and opened a criminal investigation into the circumstances of his death, running parallel to a Military Police investigation due to the involvement of a reserve soldier. Days later, the probe was transferred exclusively to the Military Police Criminal Investigation Division.

With the consent of his family, it was subsequently decided to exhume Castleman's body for an autopsy. Following the autopsy findings and at the directive of the State Attorney, the PIID initiated an inquiry into whether police officials involved in the initial investigation—including the decision to release the body without an autopsy—had committed a criminal offense of obstructing justice. After months of inquiry, the family was informed orally at the PIID offices in Jerusalem that insufficient grounds existed to launch a criminal probe against those involved. The family appealed the closure of the case and subsequently petitioned the High Court.

Supreme Court Justice David Mintz wrote: "A review of the materials presented to us reveals no grounds for intervention in the Attorney General's decision not to open a criminal investigation against the police officers who handled the investigation into the late Yuval's death in the hours following the attack. The PIID inquiry was initiated at the investigators' own initiative, following a thorough examination of the evidentiary material available to the police officers at the time, questioning relevant figures, and gathering written documents. A review of the PIID's decision shows that all of the petitioners' claims were seriously considered and received a thorough, detailed response."

He added: "The evidentiary material reveals that numerous flaws occurred in the initial investigation of the late Yuval's death. However, the Attorney General did not ignore in her decision that flaws occurred in the work of the police superintendent and other police officials, but determined that these do not establish a suspicion of a criminal offense in the decision to release the late Yuval's body for burial without an autopsy. We found no reason to intervene in this conclusion."

Justices Mintz, Ruth Ronen, and Yael Wilner wrote: "We wish to express our deep understanding of the petitioners' pain and share in their sorrow over this heavy loss. We cherish the courage of the late Yuval, who acted without hesitation to neutralize the terrorists and save lives. There is no dispute that the manner in which the initial investigation of his death was handled by the Israel Police is regrettable and outrageous, and we trust that law enforcement authorities will draw the necessary lessons to prevent the recurrence of such failures."

In response, the family of the late Yuval stated: "The decision is painful. The family is disappointed given all the known and outrageous facts regarding the conduct of Israel Police officials in the affair of the investigation into Yuval's death. Ultimately, no step has been taken on the criminal or disciplinary plane against those who erred. One ray of light: a police investigative committee was established which ordered changes to procedures in similar contexts for the future. But this is a single, solitary ray of light. The ruling is not surprising given the judges' remarks at the end of the hearing held a month ago — but it is still very disappointing."