The High Court of Justice on Thursday night rejected an urgent appeal by a terror victims' organization against the release of female terrorists held in Israeli jails, planned for Friday.
The court refused to order a temporary injunction, sought by members of the Almagor terror victims organization, which would prevent the mass prisoner release until the issue could be adjudicated before the court. The government's decision, reached Wednesday, to release detained or convicted terrorists in exchange for a one-minute sign-of-life video of abducted IDF soldier Gilad Shalit is matter of policy within the cabinet's legitimate authority, according to the High Court.
In its appeal, Almagor pointed out that the sign of life sought by the government is a simple human requirement for which the state should not agree to any extortion. So agreeing, the appeal said, was an "unreasonable decision" subject to High Court intervention. In addition, the appeal pointed out, in standard criminal proceedings the victim has a right to object to the release of his or her victimizer. In this case, there was no effort to obtain the victims' reactions to the planned release. Individual appeals against the release of specific terrorists are meant to be facilitated by law and may still be possible, even after the High Court's decision in the Almagor case.
Justices Dorit Beinisch, Miriam Naot and Esther Hayut wrote in their decision: "After having examined the claims of the appellant we have reached the conclusion that the appeal is to be rejected. The decision regarding the release of the detainees and prisoners is a decision with a clear policy-making nature and is within the jurisdiction of the government and subject to its discretion. In such decisions, involving the highest level of security and policy matters, the government is given broad discretion, and it is an accepted rule in this court to exercise restraint in judicial review of such matters."
The parents of terror victims who filed the appeal were angered by the decision. Yossi Tzur, whose son was murdered in a Haifa bus bombing, said:
"The doors of the High Court of Justice are slowing closing to terror victims. The doorway remains open only for appeals by Palestinians, including the families of Palestinian terrorists and their organizations. The High Court Justices, it would seem, are interested in meeting us just once a year - at the Mt. Herzl [Memorial Day] ceremony, where we hear empty declarations about the long arm that will get the terrorists, while the other arm rushes to release them with the support and signature of the High Court Justices - who proved today to the families of the victims that the game is fixed. The High Court of Justice has, with its own hand, confirmed that court decisions in Israel are worthless and that court-convicted prisoners can be sure that their punishments will not be carried out."
Dr. Aryeh Bachrach, whose son was murdered by Arabs in a cave near Jerusalem, said he was "very disappointed" by the High Court's decision. "In the past, our appeals against the release of terrorists were rejected and that led to a bloodbath. Terrorists released in the past despite our appeals, with the High Court's approval, have returned to terrorism. We have a list of 180 people murdered by released terrorists and we wonder if the judges in Jerusalem can declare, 'Our hands have not shed this blood'," Dr. Bachrach said, referring to Deuteronomy 21:7 (in which village elders are called upon to declare their innocence in the event of isolated murders in their jurisdiction).