Hamas Lawmakers to Remain Jailed Until Court Case Concludes
21:31 Sep 25, '06 / 3 Tishrei 5767
by Hana Levi Julian
A military court decided Monday against releasing 21 Hamas legislators on bail, ruling they must remain jailed on charges of membership in a terrorist organization until the end of their trial.
The decision reverses a recent ruling by Military Judge Major Ronen Atzmon which would have freed the members of Hamas, which currently heads the Palestinian Authority (PA).
Atzmon questioned the timing of the arrests of the prisoners who include three PA Cabinet ministers as well as 18 members of the PA parliament. He charged Israel with having failed to raise objections to their election to the PA government despite their membership in Hamas.
Monday’s reversal was a difficult decision, said presiding Judge Col. Shaul Gorden. “It is not every day that democratically-elected ministers and lawmakers are brought before a court and even though Hamas has declared as its goal the destruction of Israel, it does not make the decision any easier.”
The stark contrast between the legislative status of the prisoners and their terror group membership, however, prompted the judge to point out that people who clearly state they want to destroy Israel cannot be set free on bail. “This duality cannot exist…. the defendants need to decide where they are heading.”
He added that despite the status of the prisoners, “We shall not allow high ranking officials of a terror organization to hide behind their ranks, whatever they may be.”
United Arab List Knesset member Taled A-Sana’a warned, after the court session ended, that the ruling would negatively affect negotiations for the release of IDF Cpl Gilad Shalit, who was kidnapped by Hamas-affiliated terrorists on June 25th. A-Sana’a is the lead attorney for the Hamas prisoners.
The PA lawmakers were rounded up during an anti-terror sweep in Judea and Samaria following Shalit's abduction. Deputy IDF prosecutor Major Maurice Hirsch responded by saying, “The State of Israel has the right to defend itself against terrorism.”
Shalit’s whereabouts and condition are still unknown, despite efforts by officials from numerous countries and organization to negotiate with the kidnappers who abducted him.
Hamas Lawmakers to Remain Jailed Until Court Case Concludes 
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