Israel Matzav

'High Court of Justice' sanctions Shalit deal

For those who missed it earlier, I have been sick in bed all afternoon and evening, and will be going back to sleep again shortly (there will probably be two more posts during the night and no more unless I wake up). What happens tomorrow remains to be seen - I cannot sit at the computer feeling like this.

As expected, the 'High Court of Justice' accepted the terrorists for Gilad deal on Monday. They put on a show for ten hours and did not deal with a single substantive issue, telling the families 'you knew this was coming.' Well, no kidding. But if the families had appealed earlier, they probably would have been told it's not ripe for appeal yet.

There's a lot of material in that link and I suggest that you read it all. Unfortunately, I am in no condition right now to respond to it all, but I will highlight a couple of points.

Mandel also emphasized that the decision to release the prisoners was a political decision made by the government.

"The court's role is to examine the legality of that decision, and not anything else," noted Mandel.

According to Mandel, 26 government ministers had agreed to the Schalit deal after hearing opinions of security professionals. The deal had been made in order to release Gilad Schalit while minimizing the risk to state security, she added.

Mandel also quoted a court ruling by Beinisch in 2009, in which the Supreme Court President had said that the court does not interfere in government decisions regarding state security.

So if the court doesn't itnerefere in government decisions regarding state security, why has it continually interfered with the route of the 'security fence'?

In their address to the court, petitioners attorney Zeev Dasberg argued that the President has no authority to grant pardons without first giving the injured parties an opportunity to oppose the pardon.

Dasberg was accompanied by legal expert Professor Gideon Sapir, who argued that releasing the prisoners violates international norms on punishment for terrorists.

However, state attorney Mandel countered by saying that Gilad Schalit's captivity also violates international law, including because he has been denied visitors for over five years.

What message does that send to Hamas? If you're going to kidnap IDF soldiers, don't let anyone see them, because that will make it easier for the court to uphold the release of terrorists in exchange for them....

During the hearing, Court President Beinisch noted as problematic the situation in which those terrorists who murdered Israelis are aware they will be released from prison in just a few years.

"The price is the cancellation of legal rulings that determined these people are in prison," Beinisch said. "There is no need to explain to us the history of this painful and very difficult dilemma."

Beinisch also said she thought the government is aware that terror victims' families are opposed to the deal.

"The difficulty, the pain and the injury is clear," Beinisch said.

And this is consistent with the rule of law?

For what it's worth, Noam Shalit was not allowed to address the court. I guess that was too much even for Beinisch.

Let's go to the videotape.

Labels: Almagor, Schijveschuurder family, terrorists for Gilad trade

posted by Carl in Jerusalem @ 12:30 AM