NGO to High Court: Overturn Turkey deal over Ankara’s Hamas ties

An Israeli legal advocacy group on Wednesday filed a High Court petition against the reconciliation agreement signed this week between Israel and Turkey, arguing that the deal is “unreasonable” as it allows Ankara to continue hosting an office of the Hamas terrorist organization on its territory.

The Shurat HaDin-Israel Law Center, which specializes in fighting terror groups and their supporters in the legal arena, filed the petition against Prime Minister Benjamin Netanyahu and members of his security cabinet, who approved the deal Wednesday.

“The agreement, in a completely unreasonable manner, allows Hamas to maintain its official office on Turkish territory, and prevents the expulsion of Hamas leaders from its territory or bringing them to justice,” the petition read.

The deal, announced Monday and signed by the foreign ministries of Israel and Turkey on Tuesday, restores full diplomatic relations between Jerusalem and Ankara in return for Turkey committing to tackle terrorism and to end its opposition to Israel in international forums. Israel will in return allow Turkish aid into the Hamas-controlled Gaza Strip, while still maintaining its overall blockade of the coastal enclave. The deal also stipulates that Turkey is allowed to build a power station and desalination plant in Gaza.

“The agreement [does not make] effective reference to the close ties between Turkey and the Hamas terror organization,” the petition argued, and claimed that in negotiating the deal with Turkey, Israel had the opportunity to “limit Hamas activities that are planned and directed from Turkish territory.”

Under the terms of the deal, Turkey pledged to keep Hamas from carrying out activities against Israel from its territory, the Hebrew-language media reported on Sunday, although Hamas would continue to be able to operate from Turkey for diplomatic purposes.

Israel further agreed to pay $20 million in compensation to the families of 10 Turks killed in a May 2010 IDF raid on a ship trying to break its blockade on Gaza. Turkey agreed not to take legal action against IDF soldiers involved in the incident.

The petition was filed in the names of terror victims Dani Gonen and Avraham Asher Hasno.

Hasno died on October 20, 2015, when he was hit by a truck as he inspected the damage to his car after it was pelted with rocks by Palestinians near the West Bank city of Hebron. Gonen was killed on June 19, 2015, in a shooting attack by a Palestinian gunman near the West Bank settlement of Dolev.

The rapprochement agreement also faced sharp criticism from the families of Israeli soldiers whose remains are held by Hamas in Gaza, as well as the families of two Israeli citizens believed to be captive in the coastal enclave.

The parents of Sgt. Oron Shaul, killed in Israel’s 2014 war in the Strip and whose body is being held there, and family of Avraham Abera Mengistu, who disappeared into the Strip later in 2014 and who is believed to be still alive, had long petitioned for the agreement with Turkey to included a demand that their loved ones be returned to Israel. The parents of Hadar Goldin, also killed the 2014 war and whose body is also help by Hamas, have joined the protest against the deal.

On Wednesday, family members and their supporters protested outside the Prime Minister’s Office in Jerusalem, in an effort to pressure members of the security cabinet to vote against the deal. But the nonbinding vote was 7-3 in favor after several hours of debate.

Times of Israel staff and agencies contributed to this report.