Knesset advances law preventing early release of convicted terrorists

Lawmakers on Wednesday advanced legislation preventing the early release of convicted terrorists and other security prisoners in a preliminary vote.

The new law, proposed by Yisrael Beytenu MK Oded Forer, amends a recently passed bill to relieve pressure in overcrowded prisons by allowing the early release of convicts who have served more than two-thirds of their sentences, exempting security prisoners from the inmates who will be freed.

Around 700 criminals are expected to be released when the new government legislation comes into effect on December 20, allowing the prison authority to reduce each sentence automatically.

Forer’s amendment was supported by 48 Knesset members in a preliminary reading and opposed by seven. It must still pass three more Knesset votes to enter the law books.

“The terror wave that began in September 2015 and still continues requires us to strengthen our deterrence with regard to terror operatives,” proponents of the legislation wrote in explanatory remarks attached to the bill.

MK Forer said that “when we see terrorists who receive benefits for good behavior, we understand what message we are sending to other terrorists — commit attacks and then either be freed in a prisoner swap deal, or be released after two-thirds of your sentence. Any intelligent person understands that security prisoners shouldn’t enjoy that right.”

Attorney General Avichai Mandelblit presented a legal opinion earlier this month saying a distinction between terror convicts and other prisoners would be defensible in the High Court of Justice.

Families of terror victims had voiced concern that the law would see the killers of their slain relatives freed.

There has been strong criticism in Israel of previous prisoner swaps in which hundreds and even thousands of Palestinian terror convicts were released in exchange for a single Israeli soldier or civilian.

In his legal opinion, Mandelblit said that while the distinction “raises constitutional difficulties, it can’t be said that it is illegal,” dismissing claims that it violates international law.

The opinion was based on an anti-terror law passed in 2016, which set stringent punishments for terrorists and members of terror organizations.

The Israel Prisons Service was forced to plan the release of hundreds of prisoners due to a High Court ruling that requires each prisoner to have at least 4.5 square meters of personal space, an increase of 50 percent over the current three square meters.

Whereas currently the prison service can reduce a sentence by a week for each six months served, according to the proposed legislation a six-month sentence will automatically be cut by two weeks. A one-year sentence will be reduced by a month; someone serving 20 years in jail will be entitled to a seven-month reduction.

The law is expected to come into force on December 20 after it has been approved by Public Security Minister Gilad Erdan and the Finance Ministry.