Israel faces legal hurdles to free 104 convicted killers

By David Bedein, Israel Resource Review

This week, if you followed newscasts on the Israel Broadcasting Authority and the Israel Defense Forces Radio and nearly all of the Israeli media, you would have been convinced that Israel has already freed 104 convicted murderers in accordance with the Israel Cabinet decision of July 28, and nothing can to be done to stop that process.

That is not the case.

Over the past few days, I wore my MSW hat and interfaced with social work professionals from Israel Prison Service system, who confirmed that, according to Israel penal law, there is no such thing as “automatic” clemency, pardon or commutation for someone who has been convicted of murder or attempted murder.

There is a “security risk” form that the Israel Prison Service must submit concerning each convict, known as “HaArachat Misukanut” which is binding upon the decision as to whether or not a convict can be released.

Most recently, a Jew convicted of attempted murder of Arabs – and sentenced to 15 years in jail – was refused commutation of his sentence.

Professionals who prepared the “HaArachat Misukanut” in his case would not recommend a change in the sentence meted out the Jewish convict.

What is good for the goose is good for the gander.

Following the Israel Government decision to recommend release of 104 Arabs convicted for first degree murder, the Israel Prison Service awaits a mandatory request for a “HaArachat Misukanut” in each case from the government of Israel.

If the convict does not pass the test of the “HaArachat Misukanut”, Israeli law will not allow the convict out of jail.

With widespread anger festering against release of convicted murderers, in Israel and outside of Israel, and a protest rally planned in New York planned for Thursday, August 1, the focus of protest should be to demand that Israeli government ministers act in according with the Israeli law.

The demand must be made that Israeli government ministers who voted to free those convicted of murder must give each of names to the “HaArachat Misukanut” procedure.

In previous releases of Arab murder convicts, lives of Israeli civilians and soldiers hung in the balance. This time, no life of any Israeli hangs in the balance.

The only people in danger are the people whom these convicts might harm in the future.

The time has come to demand that the Israeli government act according to the Israeli penal law.

www.knesset.gov.il”>E-mails and fax numbers and phone numbers of every member of the Israeli Knesset Parliament and Israeli government are listed, in Hebrew and in English

July 31, 2013 | 3 Comments »

Leave a Reply

3 Comments / 3 Comments

  1. yamit82 Said:

    Lot’s of BS. These are not the first terrorists who have blood on their hands released in diplomatic agreements. In each case families and legal groups tried to stop the release of terrorists from prison many serving multiple sentences.
    In each and every case bought to the court they lost due to the fact that the government cited overwhelming national interest to justify the release and the courts always have gone along opting on the side of the government. Add to that every Judge of our supreme court supports the Peace process, it’s a near slam dunk they will again rule against the families and organizations opposing the release.
    Let’s not forget BB released over a 1000 terrorists for Shalit and now as I already knew the IDF and Shin Bet have admitted that they knew where they were holding Shalit but opted not to risk trying to extract him.

    Yamit, I’ve been on principle as being completely opposed to the earlier releases. At the same time, its not difficult to see that at least there was a tangible benefit: to bring Jews home to their country. I think the means used were wrong – but people felt like Israel had to go to the extreme to take care of every Jew, alive or dead! This is not the case here – convicted terrorists are being released for no apparent benefit. And Netanyahu deserves the opprobrium he has justifiably earned for Sunday’s act of infamy in Jewish history!

  2. Lot’s of BS. These are not the first terrorists who have blood on their hands released in diplomatic agreements. In each case families and legal groups tried to stop the release of terrorists from prison many serving multiple sentences.

    In each and every case bought to the court they lost due to the fact that the government cited overwhelming national interest to justify the release and the courts always have gone along opting on the side of the government. Add to that every Judge of our supreme court supports the Peace process, it’s a near slam dunk they will again rule against the families and organizations opposing the release.

    Let’s not forget BB released over a 1000 terrorists for Shalit and now as I already knew the IDF and Shin Bet have admitted that they knew where they were holding Shalit but opted not to risk trying to extract him.

  3. Every convict should receive the mandatory review.

    If they refuse to sign a statement foreswearing violence and future terrorist activities against Israel, they should NOT be allowed out!

    If that means the so-called peace talks could be torpedoed, soo sad, too bad! What’s at stake is not Benjamin Netanyahu’s and Tzipi Livni’s political interests but rather the safety of every Jewish man, woman and child in Israel.

    If that’s too burdensome a standard for the Israeli government to honor, then those who voted for the terrorist release deal should hand in their resignations. They were not elected to appease the anti-Semite Abu Bluff; they were elected to look after the lives and safety of Israel’s people.

    Now its time to demand the Israeli government enforce the law on prisoner releases! There is nothing urgent about releasing them immediately and its bad enough the Israeli government trampled over the most basic norms of justice.

    It can at least ensure the worst of the worst Arab terrorists remain behind bars where they belong!