Pre-Oslo Prisoners to Go Free |

High Court Rejects Bereaved Families' Petition to Halt Palestinian Prisoner Release

The Almagor group had urged the court to halt planned release of 26 prisoners, all of whom were convicted before or just after the Oslo Accords were signed.

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Israel's High Court of Justice on Tuesday rejected a petition submitted by the families of terror victims against the release of 26 Palestinian prisoners set for release after midnight.

The inmates, all of whom were convicted of murder in the killing of Israelis before or just after the Oslo Accords, the first interim Israeli-Palestinian agreement, were signed 20 years ago. They are expected to be released in the early hours of Wednesday.

The petition was submitted by the Almagor group, which represents the relatives of terror victims and other bereaved families. The petition stipulated that murderers with blood on their hands should not be released and that such a decision, even if it is made out of diplomatic considerations, is "tainted by immorality."

Almagor routinely submits petitions to the High Court against the release of Palestinian prisoners and the court routinely rejects these petitions, ruling that the government has the power to authorize a ministerial committee to decide on prisoner releases and that such actions do no require legislation for approval.

Five out of the 26 prisoners were due to be released to Gaza and have already left Ofer Prison to Erez Crossing, where they will await their official release.

Cutting short the life sentences of the Palestinian prisoners has been particularly grating for many Israelis because prisoner releases were a Palestinian condition for reviving peace talks last August that few people on either side of the conflict believe will succeed.

In all, 104 long-serving prisoners will go free. A first group of 26 was let out two months ago in keeping with understandings reached during shuttle diplomacy by U.S. Secretary of State John Kerry.

"The release of terrorists in return for (Israeli chief negotiator) Tzipi Livni's dubious right to meet (Palestinian counterpart Saeb) Erekat is very grave," Habayit Hayehudi, a far-right member of the government, said in statement at the weekend.

Habayit Hayehudi, led by Naftali Bennett, then tried to get a proposal to freeze further prisoner releases past a ministerial committee, where members of Prime Minister Benjamin Netanyahu's Likud party voted it down on Sunday.

"The picture is now clear: the government, unlike one of its member-parties, is acting in the national interest...this government is moving the peace process forward," Livni, head of the small, centrist Hatnuah party, wrote on her Facebook page after Jewish Home's proposed law was rejected.

The squabbling did not end there. Bennett criticized Likud ministers, saying: "The release of terrorists is immoral, it weakens Israel and endangers its citizens, and we will continue to fight it in a democratic way".

In an apparent attempt to appease Habayit Hayehudi and hardliners within Likud, government officials said new housing projects would be announced soon in West Bank settlement blocs that Israel intends to keep in any future peace deal.

Israeli political commentators suggested that Bennett, whose party has 12 of parliament's 120 seats, had latched on to the prisoners issue as a way to swing Netanyahu's traditional right-wing supporters his way and establish himself as an alternative leader for the camp.

Yuval Steinitz, Israel's strategic affairs minister and a Likud member, made clear in a radio interview on Monday that by agreeing to the prisoner releases, the government effectively had quashed a Palestinian demand to halt settlement building.

"The issue of freeing prisoners is certainly most painful for all of us. But strategically, the price of freezing construction in settlements would be much higher," Steinitz said.

For Palestinians, who view settlements that Israel has erected on land captured in the 1967 Middle East war as obstacles to a state, brethren jailed by Israel are heroes in a fight for independence.

On the other side of the divide, families of Israelis killed in Palestinian attacks held a vigil outside Ofer prison in the West Bank, where the prisoners slated for release were being held.

And at a military cemetery in Jerusalem, opponents of the release placed black signs, with a drawing of a bloody hand, on graves.

"As far as we are concerned, your death was in vain," read the placards, signed "Government of Israel."

Israelis hold signs as they take part in a protest against the release of Palestinian prisoners in Israeli jails outside Ofer prison near the West Bank city of Ramallah, October 28, 2013.Credit: Reuters

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