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Legal front of “Brother Return”: That’s the way we arrest (translation from )

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As a part of the wave of mass arrests of wanted figures in the West Bank, prosecution officers assist in the legal process prior to the imprisonment of the terrorists. From the beginning of the operation 419 Palestinians were arrested.

Date: 07.01.2014, 16:00 Author: Michal Galberd,  IDF website

As part of Operation “Return brothers,” more than 400 case-files of detainees passed through the hands of the Prosecution Officers of Judea and Samaria. Parallel to the arrests of hundreds of Palestinians, some of them freed at the Shalit deal, the officers made sure that terrorist who are dangerous for State Security will be detained lawfully. Prosecution Officers, in their dealings with the detainees, used three different procedures:

Routine Procedure – Detainees against whom there are sufficient evidence for prosecutions before the court, whose numbers increased significantly during the operation; 

And two other procedures:

Arrested: 419 terrorists; 335 Hamas activists; 12 Hamas officials. Closed down: 63 Hamas related institutions; 2 radio & TV stations Executed: 14 attacks Raided: 2218 homes

Arrested: 419 terrorists; 335 Hamas activists; 12 Hamas officials.
Closed down: 63 Hamas related institutions; 2 radio & TV stations
Executed: 14 attacks
Raided: 2218 homes

The first procedure of the two, was performed against about 165 detainees, against whom recommendations relating an administrative detention were formulated during the operation. The Administrative detention is executed against those detainees based upon intelligence information, indicating that they pose a danger to the public and state security. In such cases the Military Prosecution formulates recommendations to the military officers to issue detention order.” You can not easily determine the administrative detention of a person, therefor the test should be serious,” stressed in a conversation to IDF website prosecutor Col. Morris Hirsch. “In situations where there was not enough information to indicate the required level of danger – the prosecution recommended not to detain the person.” he added.

Second procedure was valid for about 50 detainees who were released as part of the Shalit deal and brought before the committee for cancelation of mitigation of punishment”. The process of being brought in front of the “Committee of freed-during-the-deal” involved involves formulating the factual basis for which they were arrested, and collecting documents relating to the original sentencing. As part of the painstaking work, formulating the recommendations for the detainees was made within days.

Life sentence is expected to be derived to about 18 detainees

The process of returning freed Shalit deal prisoners to prison, is similar to a law in the civil justice system that allows shortening the sentence of a person as long as he does not violates the conditions of his parole. The West Bank courts examine whether the “freed Shalit deal prisoners” committed “another offense” contrary to the terms of their release – in which case it may bring them back to serve their sentences in prison.

Looking at the cases brought in front of the prosecution officers, it was found that except in one case – all the arrests were justified and backed by evidentiary material. According to Lt. Hirsch, besides the one prisoner who was released, it is possible to point to dozens of other crimes committed by the suspects which can enable returning them to continue serving their sentences in prison. Out of the detainees freed by the Shalit deal, about 18 detainees are expected to return to a life sentence if found that they committed another offense.

During the last year an increase of 40 percent in the amount of cases related to terrorism was registered in the WB Attorny. “This increase has continued this year,” explained Lt. Hirsch. He said the task before them is to make sure that everyone who should be imprisoned, would be. “Not everyone should be in prison – those who do not have enough evidence against them, or they have not violated the terms of their release – we recommended their release,” said Lt. Hirsch. “He whom this is not the case for him – we must make sure not to release,” he concluded .

Throughout the operation 419 Palestinians were arrested. 56 of them freed by the Shalit deal who returned to engage in terrorism. From the 419 detainees about 80% are Hamas members. Also among the arrested were 12 senior Hamas officials.


Written by naturesong

July 5, 2014 at 09:54

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