The Israeli Supreme Court released the two suspects accused of killing 19-year-old Palestinian Qusai Maatan and placed them under house arrest.
The court strongly criticized the police and intelligence services for not providing enough evidence, saying it did not meet the minimum standard required to establish the crime of manslaughter and that evidence submitted by the Shin Bet did not justify extending the detention.
Accordingly, Judge Zion Saharai decided to release the two settlers and transfer them to house arrest.
The police representative announced at the Jerusalem Magistrate's Court hearing that a "pathology report in Arabic" was issued about the autopsy of Maatan's body and that the police received a copy of it, including new information about the victim's shooting.
The new intelligence information changes the situation and justifies the request to extend the detention for a relatively long period.
Initially, the court extended the settlers' detention for five days, and the police charged them with causing death either on purpose or by negligence, a felony equivalent to murder, without aggravated circumstance, and obstruction of justice.
They later added nationalistically motivated arson to this list.
The defense lawyers of the suspected settlers appealed to the High Court, which postponed the release of Elisha Yered to house arrest and kept him in custody.
Judge Tamar Bar-Asher ruled that Yered should be released to house arrest because "no substantial evidence gathered thus far establishes reasonable suspicion."
The police asked to delay the settler's release until the appeal at the Supreme Court.
During the Supreme Court session, the Shin Bet provided confidential material.
However, Judge Rut Ronen refrained from including them in her ruling, saying the evidence presented by the police to prove that Yered obstructed the investigation into Maatan's death did not justify his continued detention.
Yered, who lives in the Ramat Migron settlement, is a former spokesman for Knesset member Limor Son Har-Melech of the Otzma Yehudit party, led by Minister of National Security Itamar Ben Gvir.
Yered is a "central target" for the Shin Bet.
The second suspect, Yehiel Indore, will stay in custody due to injuries sustained during the attack. The court will consider extending his detention later, noting that he is the central suspect in the fatal shooting, and the charge of obstructing the investigation has been added to him.
Israeli forces arrested four Palestinians suspected of attacking the settlers during the incident and will likely be brought to a hearing for an extension in the coming days.
According to local sources in Burqa, settlers stormed last Friday the western and northwestern parts of the village under the protection of the Israeli army forces while the villagers rushed to defend their lands.
The sources stated that the settlers brought livestock during the raid, indicating their intention to seize lands to establish a "pastoral settlement."
They pointed out that the settlers burned at least two cars during the attack.
