Censorship is harming the Shalit deal
It is doubtful that the publication of terrorists' names to be released would harm state security.
By Ze'ev Segal Tags: Israel newsThe state prosecutor's notification to the High Court of Justice saying the names of terrorists to be released as part of the deal to free Gilad Shalit will become public only after an exchange agreement is signed and approved by the cabinet, makes it impossible to conduct a debate over a subject that has so inflamed the public.
After an agreement is signed it becomes difficult to imagine circumstances preventing the release of any particular terrorist. Whereas the military censor barred any advance publication in connection to the Ahmed Jibril deal about 25 years ago, in recent years the "price" which Israel pays in the form of Arab prisoners has been published before the deal is done.
With all of the sensitivity inherent in the Shalit case, the military censor is still subject to a 1989 High Court of Justice ruling on the subject. In that important court opinion, Justice Aharon Barak wrote that the military censor is authorized to prevent publication of an item only in circumstances in which "there is near certainty of actual harm to security" and in which there is no "other alternative means to prevent the risk without avoiding damaging freedom of expression."
In the same ruling, which subsequently served as the basis for an agreement on the subject of censorship between the security authorities and the media, Barak wrote that it is precisely because of the implications the decisions involving security have on the life of the nation that "it is appropriate to open the door to an open exchange of views on security matters" in which the press "will be free to serve as a forum for the exchange of views and criticism regarding essential issues for society in general and for the individual."
It is doubtful the publication of the names of terrorists to be released in the Shalit deal would create any near-certainty of serious actual harm to state security or to the public.
Yet it is clear that the absence of the publication prior to the signing of a prisoner exchange deal will not only cast a chill on freedom of expression for a time but would also silence the public forum and negate the reason for its existence.
It is also clear that any intervention on the part of the High Court regarding publication of the names of prisoners to be released would not deal with the merits of the Shalit deal or its reasonableness. The court would only examine compliance with procedure prior to the decision.
Rejecting a petition to the court now would result in the signing of a deal for Shalit's release and its approval by the cabinet without providing the cabinet with the necessary facts, unless it provides the information to the cabinet while exercising military censorship to prevent its public disclosure.
In such a circumstance, it would not allow serious public debate on the issue, which should also be directed at the cabinet prior to a decision and not afterward.
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Activists demonstrate outside of Defense Minister Ehud Barak's home for the release of Gilad Shalit. |
| Photo by: (Moti Kimche) |
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"Why is Israel continuing to supply those people with Electricity? Fuel? even water?" The international community regards Gaza as an occupied territory. In international law, Israel must care for the welfare of the Gazan people. They have contravened this many times in the last three years, with the siege and Cast Lead clearly war crimes, but they still maintain a token observance of their duties. You may not agree with me but the Israeli government does. Have they ever officially said the occupation of Gaza has ended?
And WHO is fighting the deal with leaks and censorship? 1. Politicians. 2. Politicians. 3. Politicians in the IDF.
It is embarassing to read posts like yours anyday. "Those cowards do not want to make a deal" How do you know that? The evidence points to Israel changing it's terms and since there is censorship you surely do not know who is delaying the deal. Hamas has nothing to lose if the deal is done,but the israeli goverment will be critized by those who oppose it and is logically the one interested is procastinaton. Let's understand one thing. Is Hamas a minority? Then to punish a whole population is criminal. Is Hamas a majority? Then releasing a few hundred of its members wont change a thing. The security situation does not depend of who is in jail but of the political situation. There have been periods of quiet with or without prisoners. You have elected the most rightist goverment in israeli history. I wonder wich leaders you suggest instead.
Is merely a means of engineering the release of Marwan Barghouti who Netanyahu will have to negotiate with as he prepares for an Israeli withdrawal behind the greenline of 1969, and the establishment of a Palestinian State. Whether the list is made public or not the reality is that Planet Earth will not be concerned with the release of a 13 year old kid in administrative detention. The whole world will be looking to see Marwan Barghouti, the Palestinians Nelson Mandela
Therefore shut up until pidyon shvuyim is done and his family can embrace him again. We hold so many prisoners that are there for the sole reason that they were democratically elected (in an election that we sanctioned!) to govern that all this sanctimonious talk about dam al hayadayim becomes shameful. It's to be hoped that instead of being constantly forced to react to circumstance when it's too late, our government as well as theirs will finally put their thinking caps on.
... of the Shalit deal... ... divulging names could result in months of delay for litigation... ... months, years of discussion and squabbling has been going on... ... let the delicate deal go ahead... ... ultimately it will be good for all of us...
the government is not obliged to make the details available to the public of every decision it makes prior to its implementation.
The fact that Israel is even contemplating releasing 980 convicted terroritsts is mind boggling. No we don't need to know their names before the deal but after, maybe the People of Israel will grow some cahunes and elect some good leaders. Why are we letting those thugs holding Gilad dictate anything to us? Why is Israel continuing to supply those people with Electricity? Fuel? even water? These cowards do not want to make a deal with us. They just want to continue to keep it an issue because outside of Gilda, they have N-O-T-H-I-N-G. The took control of a territory and decided it was more important to shot rockets at their neighbors than it was working to build and State - a country - a culture (at least a positive one). Only the Palestinian People can get rid of their leaders. Until they are ready to do so, Israel does not have too many choices but kowtowing to evil should not be one of them. It's embarrassing to be an Israeli these days.