Once again Israel is moving ahead with a “prisoner release”, setting convicted Arab terrorists free for no apparent reason and no visible gain. What is unique about the release, set to take place on Monday night the eve of 28 Teves 5774 is that five of the convicted terrorists are residents of Yerushalayim. As the member of one bereaved family explained, “it is so absurd. Now I can worry about running into this person in Malcha Mall or elsewhere as he is free to walk the streets of Yerushalayim while my loved one is in the cemetery”.

There are petitions to the Supreme Court to prevent the release as there always are. To date, the court has never prevented a release but the victims’ groups and others appeal nonetheless. Some of the appeals are a bit more optimistic, for the release of five Jerusalem residents, holders of Israeli identity cards is a violation of a cabinet decision and that is the premise of the appeal.

Deepening the feeling of betrayal among the grieving families is the knowledge that these five residents of the eastern capital may receive healthcare services; receive monthly Bituach Leumi payments, and all services given to citizens of the state. They may travel around the country freely and they may vote in upcoming elections. The fact that they are convicted terrorists has no bearing on their life following their release.

Using his superb oratory skills Prime Minister Binyamin Netanyahu assures us there will be restrictions in place following their release, and if they violate the terms of their release and there is more terrorism they will be incarcerated once again. This has done little to ease the pain or add the minutest measure of justification to the cabinet decision, which includes the hawks, the Yisrael Beitenu and Bayit Yehudi parties. In the case of the latter, they sold their souls for renewed limited construction in Yehuda and Shomron. The former simply abided with parliamentary deal-making.

To gain the required cabinet majority for the release the prime minister had to make a promise to Ministers Silvan Shalom, Gideon Saar, and Dr. Yuval Steinitz, who were on the fence. He promised the matter of releasing the Jerusalem residents in the group would be the subject of a separate cabinet meeting. That meeting was never held, and this is the basis for the appeal to the Supreme Court challenging the move.

The legal experts explain that the prime minister will pull it off since from a legal perspective there is a difference between a resident and a citizen of the capital. In the case of the five, they are residents and not citizens. We are being assured they will not be permitted to travel about freely as feared. Any violation of their early release will land them back in jail the prime minister promises. He does not explain just how they will be monitored for none of the released terrorists will be wearing electronic handcuffs.

Government officials are most reassuring; telling residents of the capital there is no reason to fear the release of the five. “There photos will be posted at all checkpoints and passage points” officials promise, seeking to allay fears that they will nonetheless move about freely.

For Ortel Tamam, a niece of Moshe Tamam who was murdered at the age of 19 in 1984 these words of assurance have little impact. Two of the terrorists involved in the murder were released in the Jibril deal and four others are walking to freedom in this deal. “The murderers will now be living next door to the families of the victims”, Ortel laments. “They will be able to visit the same entertainment locations, travel on buses and live in proximity to the bereaved families. This makes the pain even greater. The government made a decision to address the release of the five in a separate session but this never occured. This is why I am appealing the release” she adds.

(YWN – Israel Desk, Jerusalem)