High Court: Release of prisoners will prevent terrorism (Israel)

Haaretz ^ | 2/16/5 | Yuval Yoaz

[SmithL]

The High Court of Justice examined on Wednesday a petition filed by the Legal Center for Research on Terrorism against the government's decision to release 500 Palestinian prisoners as goodwill gesture to Palestinian Authority Chairman Mahmoud Abbas. The Israel Prison Service published Wednesday the names of the prisoners to be released in the next few days. The name were published in order to allow the filing of petitions against the release.

In an unusually political reply, the High Court of Justice Vice President, Justice Mishael Cheshin said: "The prime minister says that in his opinion the release of 500 Palestinian prisoners will prevent attacks - and I think there are indications that this is true."

"You are not claiming that the prime minister has joined the Hamas, are you?" Cheshin asked the petitioners' attorneys, Ya'akov Rubin and Ze'ev Desberg.

"After all you are not disputing the political wisdom of the government's decision. The release of prisoners certainly poses a risk, but the prime minister maintains that the alternative is more dangerous. In his opinion the release will prevent attacks, and he adds quietly 'I hope so' and even more quietly he says 'I pray so,' said Justice Cheshin.

"What can we do about the fact that it was the prime minister who has been elected and not you, and the government enjoys the Knesset's trust. This is what the prime minister thinks, who are we to tell him 'don't do that."

The petitioners claimed that the government's promise to the Palestinian Authority to release the prisoners impinges on the president's prerogative to grant pardon. The State's representative, Danny Horin, clarified, however, that apart from one female prisoner all Palestinians expecting their release are serving terms in military jailing installations, therefore presidential pardoning is not relevant in this case.

Another claim made by the petitioners, was that in previous instances where Palestinian prisoners were released it turned out that 14% of the prisoners returned to terrorist activity. The state attorney asked the High Court to give its early as possible, since the prisoner release is expected to take place in the next few days.

[SmithL]

Sure, sure. Release them now, you'll see them again, soon enough.

[rocksblues]

Wow. LOL

[joedelta]

Personally, I think the only way those vermin should leave prison is feet first in a rubber bag.

[Alouette]

"The prime minister says that in his opinion the release of 500 Palestinian prisoners will prevent attacks - and I think there are indications that this is true."

What indications? Because it has worked so well in the past?

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[xm177e2]

Relations between states are a political matter, to be handled by political leadership, not the courts.

[familyop]

Regarding "High Court: Release of prisoners will prevent terrorism (Israel)," it's more likely that "release of prisoners" will lead to the reestablishment of the homeland's (Israel's) full size through decisive conflict again.

[tessalu]

I will believe this when I see it, and when this terrorism stops. I am just not convinced.

[Thinkin' Gal]

If these prisoners were kept locked up, the 'cycle of violence' might end. Can't have that. No death no cash. Evil comes from the north: Oslo.

[thoughtomator]

Executing them would work, too.

[sheik yerbouty]

They must be hallucinating.

[Cicero]

Stupid remark by this judge. But it's essentially a political decision. Sharon is the man at fault.

[blurb]

Yes, terrorists must be released immediately as that's the only way to bring peace. But disengagement protestors are to be rounded up and shot.

[American in Israel]

In an unusually political reply, the High Court of Justice Vice President, Justice Mishael Cheshin said: "The prime minister says that in his opinion the release of 500 Palestinian prisoners will prevent attacks - and I think there are indications that this is true."

...in previous instances where Palestinian prisoners were released it turned out that 14% of the prisoners returned to terrorist activity.

I wonder what the "some indications" are? I have never heard a single positive thing about releasing terrorists from jail yet. If you are going to use the carrot and the stick method of rule, it helps to use real carrots.

But the real telling part of the article is this:

The petitioners claimed that the government's promise to the Palestinian Authority to release the prisoners impinges on the president's prerogative to grant pardon.
The State's representative, Danny Horin, clarified, however, that apart from one female prisoner all Palestinians expecting their release are serving terms in military jailing installations, therefore presidential pardoning is not relevant in this case.

Just another indication how Sharon is walking all over the law and formal government as his new role of dictator. "He isn't breaking the law because of this loophole, except in the case of the female prisoner, in her case, yes he does not even have a loophole. But, we are going to break the law anyway, because he was elected...

Perhaps they forgot that Israel is not controlled by the Arabs yet, and the elected post is prime minister, not dictator for life.

[GeronL]

What ever happened to common sense??

[walford]

Release of convicts will prevent crime.

[Convert from ECUSA]

"High Court: Release of prisoners will prevent terrorism (Israel)"

Sounds like this "judge" took judicial lessons from the Berkely School of Jurisprudence, in which you, yes you, can become a judge for just $19.95 by sending in six matchbook covers for the handy-dandy easy-as-pie six-month course on how to be a judge. Feh! Yet another example of someone who has smoked too much of the cheap stuff and it addled their brain. This character could be any liberal US judge that thinks hardened criminals can be rehabilitated by releasing them en masse back into society.

[sheik yerbouty]

I would modify the plans by insisting that these terrorist prisoners be released over Ramallah(from which comes no good thing)at about 5000 feet!

[Convert from ECUSA]

Hmmmm. That might smart just a bit! :) Bad guys fall down, go boom! (see also Coyote vs. Road Runner).