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Politics : The Truth About Islam -- Ignore unavailable to you. Want to Upgrade?


To: longnshort who wrote (1544)9/25/2006 4:01:46 PM
From: Proud_Infidel  Read Replies (1) | Respond to of 20106
 
Court rules against Hamas lawmakers
Jerusalem Post ^ | 9/25/6 | YAACOV KATZ, JPost staff & AP

jpost.com

An IDF military court overturned a previous ruling Monday, declaring that the 21 Hamas ministers and lawmakers currently in Israeli custody would remain in jail until the end of legal proceedings against them.

In his decision, Judge Col. Shaul Gorden said that the Hamas officials could not live "in two different worlds," one, the democratic world where they were elected as officials in democratic elections, and the other, the world of a known terror group.

"Due to their senior status in the Hamas organization, there is no choice but to order their continued confinement, even if they did not play a direct role in terror activities," Gorden said.

The judge continued by saying that the State of Israel wages a daily battle against terror groups operating with the clear goal of destroying and killing Israeli citizens. As high ranking as the Hamas officials were, "they cannot hide behind names and titles to be able to continue and implement their illegal goals," Gorden wrote.

The judge said that his decision did not come easily. "Not every day are democratically elected ministers and lawmakers brought before a court," the judge wrote. "And even though the Hamas group has declared as its goal the destruction of Israel, it does not make this decision any easier."

The judge added that the democratic process did not allow for the release of people who call for the destruction of Israel. In a diplomatic message, the judge said he saw before him a split personality: on the one hand, members of a terror group, and on the other hand elected officials. "This duality cannot exist and therefore the defendants need to decide where they are heading."

Detained Hamas official, PA Parliament Speaker Dr. Aziz Dweik waved his hands in a sign of victory despite the decision against him, saying that the judge's decision was politically motivated.

Defense lawyer Jawad Boulous denounced the proceedings as a political trial.

"Israel today is the one who decides whom the Palestinians should elect," Boulous said.

Mushir al-Masri, a Hamas lawmaker, said the decision was "an indication that the Zionist judicial system is held hostage by the politicians and their decisions. ... We don't recognize the legitimacy of this Zionist court."

MK Taleb A-Sanaa (United Arab List), who led the defense for the Hamas lawmakers, said that the court decision would have a negative impact on efforts to release kidnapped IDF soldier Cpl. Gilad Shalit. "With this decision, the state apparently wants to continue its policy of targeted killings and occupation against the Palestinian people."

Maj. Murice Hirsch, Deputy IDF prosecutor in Judea and Samaria, said that the court's decision backed up the prosecution's claim that there was sufficient evidence to prove that the Hamas officials were members of a terror group. "The State of Israel has the right to defend itself against terrorism," Hirsch said.

The IDF Prosecutor's Office filed an appeal on Sept 21 against the military court's previous decision to release on bail the Hamas detainees under indictment for membership in a terrorist organization.

Military Judge Maj. Ronen Atzmon had ordered the release on bail of the 21 while voicing criticism of their continued detainment. Among the 21 were Palestinian Legislative Council Speaker Dr. Aziz Dweck, PA Religion Minister Na'af Rajoub, PA Labor Minister Muhammad Barghouti, PA Jerusalem Affairs Minister Khaled Abu Arfa and orange-bearded PLC member Muhammad Abu Tir.

In his decision, the military judge questioned the timing of the arrests, noting that Israel knew that the suspects - who were indicted last week for membership in a terrorist organization - were associated with Hamas before the elections, but turned a blind eye and allowed them to be elected.