The stickiest point in recent Palestinian-Israeli relations
is the release of Palestinian prisoners held by Israel. The
Palestinians want all of them released. Israel has
reluctantly agreed to release some.
Nothing that Israel agreed to required it to release
prisoners. The Road Map of the international Quartet of the
US, Russia, Europe and the UN -- which Israel and the
Palestinians accepted -- makes no mention of prisoner
release.
On the other hand, the Palestinians declared a three month
cease fire among themselves and announced that the release of
prisoners by Israel is essential for that. This was a
unilateral act on the part of the Palestinians. Nonetheless,
some pressure is being put on Israel to comply with the
Palestinian demand.
In a statement after its weekly Cabinet meeting, Israel
said:
"Ministers discussed the issue of the release of Palestinian
prisoners and the criteria that were formulated by the Israel
Security Agency (ISA). Prime Minister Ariel Sharon said that
the release of Palestinian prisoners is a very serious and
complex problem because it has to do with criminals whose
place is behind bars.
"When negotiations began with the Palestinians, Israel was
presented with dozens of demands for various gestures. Israel
knew to distinguish between those that had a positive
internal significance for the Palestinians and those that did
not; therefore, Israel rejected many requests that entailed
concessions on its part without any benefit to the
negotiating process.
"It is not so regarding prisoners. All professional
assessments which were submitted to Prime Minister Sharon
indicated that releasing prisoners is likely to significantly
contribute to the strengthening of Palestinian Prime Minister
Abu Mazen, with whom we are negotiating. A strong Palestinian
administration will be able to act more effectively against
terror, and therefore, Israel has a strong interest. The
Prime Minister said that he has been guided by a balance
between a limited move that would take into account both the
desire to move the process and the negotiations forward and --
at the same time -- considerations of justice, according to
which criminal terrorists will be dealt to the fullest extent
of the law."
Prime Minister Sharon said that prisoners would not be
released include: those with blood on their hands, murderers,
those who have attacked Israelis and foreign nationals, or to
those who have dispatched them. The release recommendations
will also not apply to those who are currently on trial or
who have perpetrated exceptional attacks.
All professional assessments are that releasing prisoners
would strengthen Palestinian Prime Minister Abu Mazen's
ability to fight and eliminate terror.
Prime Minister Sharon added that the criteria presented by
ISA Director Dichter are based on an appropriate compromise
between the dictates of conscience, which require that
criminals be imprisoned, and the need to move forward the
security negotiating process with the Palestinians, which
could lead to tranquility and peace. The Prime Minister said
that the release would be carried out in tightly supervised,
small and measured doses in relation to proven Palestinian
actions in the security sphere; in other words, if terror
continues and there is no genuine Palestinian effort to fight
and eliminate it, the releases will stop.
The Cabinet approved the criteria for releasing prisoners, as
they were presented by ISA Director Dichter by a vote of 13
to 9.
Some 350 prisoners who do not have "blood on their hands,"
are either administrative detainees or have already been
tried, are not members of Islamic fundamentalist or
rejectionist organizations, and are either younger than 18,
older than 60, or are women -- are expected to be released in
the near future.
The addition of the clause "taking into consideration the
Palestinian fulfillment of their commitments" is what enabled
the resolution to pass. When the ministers voted on the
resolution without this clause, a 10-10 tie emerged, with two
abstentions, meaning that the resolution would not pass.
In addition to Science and Technology Minister Eliezer
Sandberg, Finance Minister Binyamin Netanyahu, who originally
voted against the resolution, and Immigration Absorption
Minister Tzipi Livni, who abstained, voted for it with the
changes. Netanyahu was one of the ministers urging
reciprocity.
Shin Bet head Avi Dichter, divided the estimated 6,000
prisoners into three categories: administrative detainees,
those who have already been tried, and those awaiting trial.
He said that those awaiting trial will not be considered for
release at this time.
Later there were reports that Israel may include a few
prisoners from Hamas and Islamic Jihad in the next wave of
Palestinian prisoners to be released. Prisoners from these
groups who could be released include those who were active in
Hamas's civil apparatus and minor field operatives who were
not charged with serious offenses. They could also include
activists from other Islamic organizations, mainly Jihad, who
could be said to have acted for the Fatah as well.
PA officials tried to put pressure on Israel, saying that the
cease-fire announced by Palestinian factions last week is at
risk because of Israel's refusal to release all the
Palestinian prisoners.
In response to the government's decision to release several
hundred Palestinian prisoners, PA Minister of Detainees
Affairs Hisham Abdel Razek said the decision was insufficient
and violates the spirit of the cease-fire.
Radi Jarai, deputy PA Minister for Detainees Affairs, said in
response to the government's decision: "We welcome the
release of any Palestinian prisoner. But this number does not
meet the demands of the PA. We want the release of all the
prisoners, because there is a hudna that has been announced
and Israel has to fulfill its obligations in accordance with
this agreement. Israel must release all the prisoners. We are
demanding a clear timetable for the release of all the
Palestinian prisoners in Israeli jails."
It should be stressed that the hudna was declared by the
Palestinian factions and Israel was not part of the
agreement.
The Palestinians still have a long way to go in thwarting
terror, destroying the terrorist infrastructure, and
disarming the terrorist groups, Defense Minister Shaul Mofaz
said Sunday following the first one-on-one meeting with PA
Minister of Security Mohammed Dahlan.
Mofaz noted that while there has been a decrease in violence,
incitement, and terror alerts in the Gaza Strip and Bethlehem
since the Palestinians received security control of both
areas, further easing of restrictions will be based on the
results of their actions on the ground and their ability to
thwart terror attacks and disarm terrorist organizations.
In the first part of the meeting both sides raised their
expectations of the process, said Mofaz, adding: "We heard
the position and needs of the Palestinians and outlined our
expectations," he said. "Israel's position is clear-cut: the
Palestinian Authority must take steps to thwart terror in the
areas it received security responsibility. As far as I am
concerned thwarting terror is a must before the next step is
taken, that is disbanding the terrorist infrastructure. As we
have stated a number of times Israel views with extreme
importance the successful advancement of the process," said
Mofaz.
