Six east Jerusalem residents released as part of the 2011 Gilad Schalit deal are set to be sent back to serve between 11 and 36 years in prison after a special Haifa judicial committee late Tuesday night found that they had violated the terms of their pardon.
The committee said that the state has proved that the six had committed a prohibited offense in violation of their pardons according to the administrative law standards applicable to the issue.
As the six were previously convicted, the trial was carried out under special proceedings, in which the “beyond a reasonable doubt” standard in regular criminal law did not apply. All that was required was a much lower standard of proof that the defendants did not live up to the terms of their pardons.
All six of the defendants’ names were under gag order, but the offenses they were convicted of committing were similar, including continued membership or connections with terrorist groups and with terrorist groups’ finances, or traveling outside of east Jerusalem to areas like the West Bank.
Notably, the emphasis was not “smoking gun” offenses such as military terrorist activity, and the committee said that all that was required was any offense that could lead to more than a few months in prison.
The committee rejected the Palestinians’ common argument, according to which they had not committed any crimes and that the timing of their mass arrests was not coincidental. Their argument was that they were arrested as revenge against Hamas for its possible involvement in the abduction and murder of three Jewish teenagers in June.
While the committee did not address the substance of these arguments, it said that they went beyond its jurisdiction.
On Monday, the IDF West Bank Prosecution had its hands full in its legal battle to try to return to prison dozens of other rearrested Palestinians who were released in the Schalit deal before a special judicial committee sitting in the Judea Military Court at Camp Ofer.
Over half of the proceedings of the close to 60 rearrested Palestinians are carried out at the Ofer court, with a large number represented by defense lawyer Merav Hori.
Most of the cases are similar to that of Khadar Raadi, who is accused of violating his pardon by joining Hamas and by receiving $10,000 to $12,000 from Hamas after his release.