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Last update - 02:12 27/12/2007 Murderer receives 7 more years in prison after returning to Israel By Jonathan Lis, Haaretz Correspondent Tags: Yaniv Malka An Israeli murderer who carried out his crime in the U.K. but is serving his life sentence in Israel has asked the High Court that he be considered for early release after 13 years, as is the procedure in Britain, and not 20 years as is the practice here. Yaniv Malka was convicted in March 1999 of murdering his girlfriend, British model and actress Kadamba Simmons. He was sentenced to life imprisonment at London's Old Bailey after a jury rejected his claims that the pair had made a joint suicide pact. Simmons' naked body was discovered hanging in the shower but the court found that she had been strangled by Malka beforehand. At a High Court hearing slated for early next month, Malka will claim that he was not aware of the ramifications of his request when he asked to be transferred from a U.K. jail to Israel to serve his sentence. Advertisement "His parents erred because they received the wrong legal advice," Malka's lawyer, Tami Olmen, said. "They wanted him nearby, in Israel. They wanted to visit him. But they did not seek advice with a lawyer or understand the consequences of bringing him to Israel. No one in their right mind would let their son serve their sentence in a country where the punishment for the same crime is 30 years rather than 13." In his petition, Malka claims that had he stayed in Britain he would have been released from jail after 13 years, which was the minimum period of imprisonment the British home secretary ordered he serve after he began his jail term. In Israel, a life sentence is 30 years, which can be commuted only after a prisoner has served 20 years, two-thirds of his sentence. "Why is Israel not acknowledging the authority of the British home secretary?" Malka's relatives have asked. In response, Israeli law enforcement officials said: "The punishment handed down to Malka is life imprisonment, and that is what he is serving. In that respect, Israel has not extended his sentence or violated any international agreement it has signed. Each country has a different penal system: In the U.K., Malka may have asked for parole and even been released after 13 years, but in Israel the procedures are different. "Sentencing in Israel is done differently and Malka will be able to ask to be released after serving two-thirds of his sentence, which means after 20 years." In addition, state officials involved in Malka's transfer claimed that he had decided to serve his sentence in Israel despite being informed in a formal letter that he would not be able to ask for early release after 13 years. Malka's relatives denied he was aware of the transfer's consequences and said he did not understand the letter's content because of his poor command of English. According to Justice Ministry sources, Israelis convicted of crimes abroad often ask to serve their prison terms in Israeli jails because they feel alienated in foreign countries, or do not speak the language, or want to be close to their families. About 10 convicted criminals transfer to Israeli jails from abroad each year, even though it might lead to longer prison terms in cases where Israeli penalties are less lenient than those in the country where the crime was committed. In other instances, however, transferring to an Israeli prison may actually reduce prison sentences considerably. For example, convicts serving a 10-year sentence in Israel for crimes committed in the U.S. may be paroled for good behavior after having served two-thirds of their sentence. In the U.S., the law stipulates convicts can only apply for early release after serving a minimum 85% of their terms. Differences in penal codes are sometimes even more pronounced: In Thailand, defendants convicted of drug-related crimes can be jailed for up to 50 years. Sentences of convicts serving prison terms in Israel for drug-related crimes in Thailand have often been shortened. Ministry sources emphasized, however, that disparities in the amount of time convicts can ask for parole between Israel and other countries are usually negligible and that Malka's case was an exception. They added that prisoners who transfer to Israel are briefed on the differences in the penal codes between the two countries Bookmark to del.icio.us   Peer pressure Facing widespread pressure, Nadine Gordimer may pull out of Israel writers meet. My struggle German Jewish leader backs the publication of an annotated version of Hitler's Mein Kampf.   1.   He killed his GF 03:14  |  NoApology 27/12/07   2.   7 more years 04:56  |  Kalman 27/12/07   3.   Filth 05:14  |  SH 27/12/07   4.   Stupid question 07:17  |  Colin Wright 27/12/07   5.   #1 07:27  |  Born 27/12/07   6.   @SH 07:31  |  Anette 27/12/07   7.   Yeah, right ... 07:32  |  ex-Brit 27/12/07   8.   Hey British SH in 1 07:33  |  ... he`s a nerd 27/12/07   9.   Why? 08:12  |  RF 27/12/07   10.   #3 SH 10:25  |  Ari ben Yisrael 27/12/07   11.   It is not necessarily 85% in the U.S. 18:02  |  Fred 27/12/07   12.   Relief 15:29  |  Linda Simmons 25/04/08

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