Note: The translations of articles from the Hebrew press
are prepared by the Government Press Office
as a service to foreign journalists in Israel.
They express the views of the authors.
Freeing the "Hard Prisoners"
(Background by Alex Fishman, "Yediot Ahronot", July 28, 1999, p.3)
Israel has no problem releasing 500-600 security prisoners immediately.
The problem concerns the specific group of security prisoners that the
Palestinians want released those defined by Israel as having "blood on
their hands" which can be set free only if the Cabinet decides to alter
the Oslo and Wye accords signed with the Palestinians.
Today, there are about 2,600 Palestinian prisoners in Israel, and they can
be divided into four groups: * About 600 criminal offenders * About 600
security prisoners being held in Megiddo military prison for relatively
minor security offenses. * About 1,000 security prisoners being held in
Prisons Authority jails for offenses committed after the signing of the
Oslo Accords. Most of these are members of PLO rejectionist groups or of
various Islamic organizations (such as Hamas and Islamic Jihad) * The most
problematic category includes 400-500 security prisoners being held by
Israel for acts committed before the signing of the Oslo Accords. These
prisoners known as "hard-core" offenders, or as prisoners "with blood
on their hands" have been sentenced to long jail terms for murder,
serious injury and/or accessory to the murder of Israelis and
Palestinians.
The Palestinian Authority is now insisting upon the release of members of
this last category, including several hundred Fatah members, and it views
this issue as the actual test of confidence between the parties.
But if the Government of Israel is interested is such a gesture, it will
have to overcome its legal problem. According to the Oslo Accords, only
during the stage of the final status negotiations can there be any
examination of an early release for "hard-core" prisoners.
It should be noted that, in the wake of the Oslo Accords, and in keeping
with the criteria set forth therein, Israel has already released about
8,000 prisoners those who have served two-thirds of their sentence,
detainees or prisoners held responsible for security offenses not
involving death or serious injury, and citizens of Arab countries being
held in Israel prior to the issue of deportation orders.
In addition, beyond the established criteria, Israel has also released
prisoners over the age of 50 and under the age of 18, prisoners who served
over 10 years of a jail sentence, and ill prisoners. An exception was also
made in the case of the 30 "hard-core female prisoners who were released
in February 1997, following the Hebron Agreement.
After the Wye River accord, Israel attempted to make the criteria more
flexible, and a list of 100 hard-core prisoners who had been sentenced
to lengthy prison terms after being convicted of acting as accessories to
murder, but not on actual murder charges was prepared, however then
Prime Minister Benjamin Netanyahu rejected the list. Incidentally, 15
members of said list were, in any event, released a few months ago.