Killers Not Yet Free: Demand Israel Adhere to Penal Law

The barbaric terrorist murderers are still incarcerated, pending progress in negotiations. You still have time to act and affect the process by focusing on the issue here.

David Bedein, 31/07/13 05:37

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David Bedein

credit David Michael Cohen

David Bedein

The writer is director of Israel Resource News Agency and heads the Center for Near East Policy Research, author of Genesis of the Palestinian Authority and Roadblock to Peace: How the UN Perpetuates the Arab-Israeli Conflict: UNRWA Policies Reconsidered.

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If you have been following hourly newscasts on the Israel Broadcasting Authority and the Israel Defense Forces Radio over the past three days, you would be convinced that 104 convicted murderers have already been set free, 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 Jewish man convicted of attempted murder of Arabs - and sentenced to 15 years imprisonment - was refused commutation of his sentence.

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

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

And 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 the release of convicted murderers, in Israel and outside of Israel, and with another protest rally planned in New York 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 Arabs who were convicted of murder give each of their names to submit themselves to the “HaArachat Misukanut” procedure.

In previous releases of Arab murder convicts, lives of Israeli civilians and Israeli soldiers hung in the balance - kidnapped or otherwise. This time, no life of an Israeli hangs in the balance.

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

The time has come to demand that the Israeli government act according to the Israeli penal law. And you can join those who are doing so.

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, at www.knesset.gov.il