With a compromise in hand between the sides, the High Court of Justice on Sunday
dismissed a petition by the Almagor Terror Victims Association to block future
transfers of terrorists’ bodies to the Palestinian Authority.
In a
hearing on Wednesday, the state had offered a compromise, namely that Almagor
could appeal to the Defense Ministry on decisions of the state to transfer
terrorists’ bodies.
Almagor had wanted a court order compelling the state
to give 48 hours notice to victims’ families before transferring certain
terrorists’ bodies, as exists with transferring live terrorists, to better
enable appeals to the court and the public to block the
transfers.
Almagor accused the state of having a policy which was
tantamount to adopting the Palestinian view that terrorists were legitimate
fighters, since it said only legitimate fighters should have their bodies
treated with honor.
The court’s endorsement of the compromise represented
a partial achievement by Almagor in that it more officially obligates the state
to follow-through with its oral commitment during last week’s
hearing.
However, Almagor head Meir Indor had said that if the courts
failed to compel the state to give notice, it would show “the bankruptcy of the
courts,” and the dismissal ended the possibility of the courts intervening
directly to force the state’s hand.
He also expressed dismay that the
state was accepting “terrorists’ argument that they have a political agenda,”
and the idea that courts cannot intervene as they can in dealing with lesser
criminals.
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