Jerusalem, July 6, 2003
Cabinet Communique
(Communicated by the Cabinet Secretariat)
At the weekly Cabinet meeting today (Sunday), July 6, 2003:
1. Ministers discussed the issue of the release of Palestinian
prisoners and the criteria that were formulated by the Israel Security
Agency (ISA). Prime Minister Ariel Sharon said that the release of
Palestinian prisoners is a very serious and complex problem because
it has to do with criminals whose place is behind bars.
When negotiations began with the Palestinians, Israel was presented
with dozens of demands for various gestures. Israel knew to
distinguish between those that had a positive internal significance
for the Palestinians and those that did not; therefore, Israel
rejected many requests that entailed concessions on its part without
any benefit to the negotiating process.
It is not so regarding prisoners. All professional assessments which
were submitted to Prime Minister Sharon indicated that releasing
prisoners is likely to significantly contribute to the strengthening
of Palestinian Prime Minister Abu Mazen, with whom we are negotiating.
A strong Palestinian administration will be able to act more effectively
against terror, and therefore, Israel has a strong interest. The Prime
Minister said that he has been guided by a balance between a limited
move that would take into account both the desire to move the process
and the negotiations forward and - at the same time - considerations
of justice, according to which criminal terrorists will be dealt to
the fullest extent of the law.
Prime Minister Sharon stressed that these considerations also guided
ISA Director Avi Dichter towards criteria on the release of Palestinian
prisoners.
Prime Minister Sharon said that the recommendations to release
prisoners would not apply to prisoners with blood on their hands,
murderers, those who have attacked Israelis and foreign nationals, or
to those who have dispatched them. Similarly, the release
recommendations will not apply to those who are currently on trial or
who have perpetrated exceptional attacks.
ISA Director Dichter presented ministers with the guiding principles
and definitions regarding considerations for the release of Palestinian
prisoners from Israeli facilities and noted that the phrase "blood on
his hands" would be defined so as to include those who physically
participated in attacks in which Israelis and/or foreign nationals
were killed and/or injured; those who dispatched terrorists to attacks
in which people were killed; those who dispatched suicide-terrorists
who were apprehended before they could perpetrate their planned attacks;
and potential suicide-terrorists who were dispatched to perpetrate
attacks (even if the explosive device was not in their possession).
In summation, Prime Minister Ariel Sharon that in the security
negotiating process with the Palestinians, Israel was being asked - and
would yet be asked - to make concessions; we will make concessions to
the Palestinians so as to facilitate progress in the security process
only on matters that, in our opinion, will strengthen the Palestinians'
ability to fight terror.
All professional assessments support the conclusion that releasing
prisoners would strengthen Palestinian Prime Minister Abu Mazen's
ability to fight and eliminate terror; therefore, we have positively
considered a limited, qualified and measured release of prisoners.
Prime Minister Sharon added that the criteria presented by ISA Director
Dichter are based on an appropriate compromise between the dictates of
conscience, which require that criminals be imprisoned, and the need to
move forward the security negotiating process with the Palestinians,
which could lead to tranquility and peace. The Prime Minister said
that the release would be carried out in tightly supervised, small and
measured doses in relation to proven Palestinian actions in the security
sphere; in other words, if terror continues and there is no genuine
Palestinian effort to fight and eliminate it - the releases will stop.
The Cabinet decided to approve the criteria for releasing prisoners, as
they were presented by ISA Director Dichter. Similarly, the Cabinet
decided to establish a ministerial committee headed by Prime Minister
Sharon that will deal with the release of Palestinian prisoners, on the
date of their release, according to the then prevailing circumstances
regarding the honoring of the Palestinians' commitments - all according
to the approved criteria and as per the guidelines of Attorney General
Elyakim Rubinstein.
Justice Minster Yosef Lapid, Defense Minister Shaul Mofaz, Public
Security Minister Tzahi Hanegbi, Social Affairs Minister Zevulon Orlev
and Minister Gideon Ezra will also be members of the aforementioned
committee.
2. Defense Minister Mofaz briefed ministers on current security matters.