Showing posts with label Shalit. Show all posts
Showing posts with label Shalit. Show all posts

Tuesday, March 28, 2017

28-Mar-17: Unless terror is defined the way he wants it to be, Jordan's king ought to be grappling with this ultimatum

King Abdullah II of Jordan hosts Hamas arch-terrorist Khaled Mashaal
on the Islamist thug's first official visit to Amman, January 2012 [Image Source]
Jordan's refusal to comply with its treaty obligations to the United States and to hand over our daughter's murderer for extradition is getting a remarkably easy ride in the major media.

To make sense of that, a person would have to understand that Jordan and its king are widely treated in the West as moderate, reasonable and aligned with American interests. The US State Department (see "14-Mar-17: Will Jordan's lust for dead Jewish children cause problems with the US?") routinely describes the Hashemite Kingdom in its annual country-by-country survey on terror in glowing terms. The June 2015 report called it "a key ally and a model partner in combating terrorism".

That was never a view with which we agree and it's even less so now in the wake of the scheming the Jordanians have done in the past five years to avoid bringing a mass murderer of Israelis, and particularly of Jewish children, to justice. We're speaking of the self-confessed murdering jihadist, Ahlam Tamimi, Hamas' first-ever female terror agent and a Jordanian from birth. Jordan is where she was sent by Israel when her freedom from imprisonment was extorted in the 2011 Shalit Deal. She has led an exceptionally comfortable life there as a Jordanian - and pan-Arab - celebrity since her return from Israel.

We think Jordan's view of what terror is must be based on a definition totally alien to the one we and the countries of the West recognize.

Caroline Glick, senior fellow for Middle Eastern Affairs at the Center for Security Policy in Washington, DC and travels several times a year to Washington where she routinely briefs senior administration officials and members of Congress on issues of joint Israeli-American concern. Her columns appear regularly in the Jerusalem Post (where the one below appeared yesterday) and in the Hebrew-language Makor Rishon.

A Test for King Abdullah
Caroline B. Glick | Jerusalem Post | March 27, 2017 at 21:20

Ahlam Tamimi is a mass murdering monster. And today she is living the good life, as a “journalist,” inciting jihad in Jordan under the protection of the King Abdullah.

On August 9, 2001, in the service of Hamas, Tamimi led a suicide bomber to the Sbarro Pizzeria in central Jerusalem. It was summer vacation. The streets were filled with children and parents.

Sbarro was filled with children and their parents.

Tamimi had scouted out the location of the bombing ahead of time. She chose Sbarro because it was a popular destination for families with young kids.

Tamimi brought the bomber to the restaurant. His bomb, hidden in a guitar case, weighed 5-10 kilos. It was surrounded by nails to puncture the flesh and internal organs of the victims, maximizing their pain and bodily damage.

Fifteen people, including seven young children and a pregnant woman were killed in the blast.

Another 130 were wounded. Chana Nachenberg, today 47, was 31 at the time. She was torn apart by the blast, only to survive, hospitalized in a vegetative state ever since.

Tamimi was sentenced to 16 consecutive life sentences and 15 more years in prison for her crime.

She was released in 2011 as part of the ransom deal Hamas coerced the government to accept to secure the freedom of IDF Sgt. Gilad Schalit. Schalit had been held hostage and incommunicado by Hamas in Gaza since he was abducted from Israel in 2006.

Tamimi, like the other thousand terrorists she was freed with, was not pardoned. Israel’s release was a conditional commutation. The terrorists were freed on condition that they did not engage in either terrorism or incitement of terrorism subsequent to their release.

Dozens of terrorists released under the Schalit ransom deal have been returned to prison to serve out the remainders of the terms over the past five years due to their violation of those conditions.

Immediately upon her release, Tamimi began violating the terms of her commutation by inciting terrorism.

She has been able to avoid returning to jail to serve out the remainder of her sentence because she decamped to Jordan.

From the safety of King Abdullah’s capital city Amman, Tamimi has worked as host of a television program on Hamas’s television station. Hamas television, which exists for the explicit purpose of inciting terrorism and indoctrinating viewers to become jihadists, operates openly in Jordan, as does Hamas.

Indeed, in 2011 King Abdullah decided to embrace the jihadist terrorist group that controls Gaza and is allied with Islamic State and Iran. Hamas leaders have frequently visited Jordan in recent years and the terrorist group is able to openly operate in the kingdom.

Since her release, Tamimi has given countless interviews and as traveled through much of the Arab world, celebrating her act of mass murder. She has said repeatedly that she would commit her children’s massacre again if she could.

Three of Tamimi’s victims were American citizens.

Malki Roth was 15 when she was killed. Shoshana Yehudit (Judy) Greenbaum was 31 and five months pregnant.

Nachenberg is also a US citizen.

Earlier this month, the US Department of Justice unsealed a 2013 indictment of Tamimi regarding her role in the murder of US citizens. The Justice Department officially requested that the government of Jordan extradite Tamimi to the US to face trial.

The US signed an extradition treaty with Jordan in 1995. But, as Malki Roth’s father Arnold Roth wrote last week in a blog post regarding the extradition request, since 1997, Jordan has claimed that the agreement was not ratified by the Jordanian parliament.

Based on this claim, two courts in Jordan, including the supreme court of appeals, rejected the US extradition request claiming that it would be unconstitutional to respect it.

Roth scoffed at the argument, noting that in Jordan, the notion of constitutionality is entirely arbitrary.

In his words, “In a monarchy where the king changes prime ministers and governments more often than some presidents change their suits, there’s an inherent problem with paying so much respectful attention to a constitution. Jordanian law, and what is legal and illegal depends on one individual. If [King Abdullah] wanted to extradite her [Tamimi], she would be in the US today.”

And this brings us to Abdullah, and what he wants.

Last week, this column discussed the hero’s welcome that Ahmad Dagamseh received when he returned home from prison. Dagamseh, a former Jordanian soldier, was released this month from Jordanian prison after serving a 20-year term for murdering seven Israeli schoolgirls at the so-called Island of Peace in the Jordan Valley in 1997.

After the column was published, Mudar Zahran, a Palestinian Jordanian ex-patriot and regime opponent who serves as the secretary general of the Jordanian Opposition Coalition wrote to me to highlight the fact that Dagamseh’s release was widely and exuberantly covered by media organs controlled by King Abdullah.

Zahran wrote that an official envoy of Jordan’s Interior Ministry Ghaleb Zohbi greeted Dagamseh at the prison upon his release and that Dagamseh was driven from jail to his village in a Mercedes flanked by a convoy of police cruisers.

Zahran added that the standard practice is for released prisoners to be taken home in a police wagon.

In a subsequent email exchange, Zahran set out his case for replacing the Hashemite minority regime with a Palestinian majority regime.

Zahran argued that the number of refugees in Jordan has been purposely inflated, and that the massive Palestinian majority in the population has not been significantly degraded by the refugee flows from Iraq and Syria over the past decade and a half.

According to his data, which he contends is supported by US embassy in Amman cables published by Wikileaks, there are 6.1 million Palestinians in Jordan. The kingdom is host to 750,000 Syrian and Iraqi refugees.

Zahran accused King Abdullah of deliberately fanning the flames of antisemitism and anti-Americanism among the Jordanian public in order to make himself appear indispensable to Israel and the West.

Dagamseh’s celebrated release, like the regime’s protection of Tamimi and its willingness to permit her to continue to incite jihad against Israel from Amman are examples of this practice.

Abdullah’s notion, Zahran argues, persuasively, is that by giving a microphone to jihadists, Abdullah convinces Israel and the US that they cannot afford to allow anything to happen to him or to his minority regime.

So convinced, Israel and the US say nothing as Abdullah stacks his parliament with Muslim Brotherhood members. They voice no objection as Abdullah empowers Hamas, gives safe haven to terrorist murderers of Israelis and Americans, and rejects extradition requests on fictional constitutional grounds that he himself concocted.

Zahran, who seeks to replace the Hashemites with a Palestinian majority regime, which would allow Jordan to serve as the national home of the Palestinians in Judea and Samaria, argues that Jordan is a state run by the military and intelligence services, which themselves are controlled by the US military’s Central Command.

In his words, Jordanian forces cannot “relocate an armored vehicle” without first getting “permission from US Central Command.”

Zahran’s vision of a post-Hashemite Jordan is interesting. He envisions the US continuing to have overall control of Jordan’s security forces. The new regime would liberalize the economy and stop jihadist incitement while actually targeting jihadists rather than coddling them.

The regime for which he advocates would be dominated by the long-discriminated-against Palestinian majority. It would work with Israel to solve its conflict with the Palestinians. Zahran’s Jordan would restore Jordanian citizenship to the Palestinians of Judea and Samaria and give them voting rights in Jordan.

It is hard to know whether Zahran’s vision of Jordan is a viable one. Certainly it sounds a lot better than what we experience with Abdullah. And it deserves serious consideration.

By the same token, it is time for the US and Israel to test Abdullah, the moderate man we cannot do without.

The first test should be an ultimatum. Abdullah should be told that he must either extradite Tamimi to the US for trial or send her back to Israel to serve the remainder of her sentence. If he refuses, then either Prime Minister Benjamin Netanyahu or US President Donald Trump, or both, should meet publicly with Zahran to discuss his vision for the future of Jordan.

---
A version of this article also appeared on the FrontPageMag website today.

Friday, March 24, 2017

24-Mar-17: Our daughter's smiling killer: "Shocked" that US "decided to go after her for no obvious reason"

Tamimi is crowded by admirers at Amman airport on the day
she was flown back to Jordan after being freed from Israeli prison
in the 2011 Shalit Deal
The following article was published by Al Jazeera in Arabic on Wednesday and in English yesterday (Thursday). It's an entirely uncritical account of a vicious convicted murderer's version of why she should be left alone and not have to face justice. The reporter does not challenge a single one of this fugitive from the FBI's claims. People have told us it really comes down to a sick tribute to her hideous achievement.

Our comments are interspersed below. 


Al Jazeera speaks to freed Palestinian prisoner, wanted by the US for helping in a Jerusalem cafe bombing 16 years ago | Ali Younes | @ali_reports |

Amman, Jordan - Ahlam al-Tamimi, 37, never imagined that the quiet life she led for several years in Jordan would be turned upside down when the United States Department of Justice filed criminal charges against her demanding her extradition from Jordan and placing her on the FBI's most wanted list.
Our comment: She was freed via an extorted commutation of sentence. Israel was extorted by the Hamas terrorist regime which illegally held captive and incommunicado an Israeli combatant, Gilad Shalit, for five years, eventually trading him for 1,027 convicted Arab terrorists imprisoned by Israel. Tamimi was one of them. Not a single prisoner received a pardon. Instead, their sentences were conditionally commuted - with the conditions including an undertaking never to engage again in terrorism or incitement to terrorism. 
Tamimi was serving 16 life terms after confessing to being the mastermind of the Sbarro pizzeria massacre, an especially sickening and horrific terror attack that targeted children and woman. Tamimi was the one who did the actual targeting and, as she has boasted repeatedly, picked the target with great care. She brought the bomb by bus and taxi from a PA-controlled town in the Samaria district into Jerusalem. That bomb was a young newly-religious fanatic from well-to-do family: not poor, not uneducated, living neither in misery nor despair: a human bomb. He was equipped with an explosive-laden, purpose-built guitar case on his back surrounded by a large number of nails to magnify the flesh-ripping effect. Tamimi walked him to the central Jerusalem intersection where the Sbarro pizzeria stood at the time and where, after giving her enough time to flee to safety, he exploded while standing next to our 15 year-old daughter and her closest friend, the 16 year-old daughter of our neighbours. Both girls, and 13 other innocent victims, were killed. About 130 others, many of them on the street outside the pizzeria, suffered life-changing, often horrendous,  injuries. 
Tamimi explicitly breached the conditions of her commutation-of-sentence almost from the first day after her release. Under the terms of the release she is obliged, if Israel can re-capture her, to go back to prison and complete her 16 life terms. Does all of this entitle Tamimi to what the article calls "quiet life"? But wait, it gets worse.
In an interview with Al Jazeera at her home in the Jordanian capital, Amman, Tamimi said that her ordeal with the US extradition request started last September when she was arrested by the Jordanian branch of Interpol while she was driving to visit her parents. After spending one night in jail, she posted bail and started her legal fight against her extradition through Jordanian courts, which ended last Tuesday, seven months later.
Our comment: Who is "the Jordanian branch of Interpol"? They probably mean the Jordanian police. Interpol doesn't have police. It connects police forces around the world with information and co-ordination. And that's an ordeal? For a convicted, confessed mass murderer? Taken into custody for a single night and then released? Knowing something about the kind of extremist values Al Jazeera espouses, we shouldn't be surprised by the undisguised way this reporter spins the interview. But it's infuriating to us to see how seriously they are taken as a credible source of news and analysis.
When asked why she thinks the US government decided to go after her after all these years, and after she was tried, convicted and served time in Israeli jails, she said: "I was really shocked at the American behaviour.
Our comment: The claim that she's shocked is laughable. Her post-2011 high profile terror incitement activities make her liable to re-imprisonment by Israel. We assume that's why she has never ventured further than certain parts of the Arab world in the past 6 years: to Algeria, Kuwait, Lebanon, Qatar, Tunisia and Yemen. And if she's not aware of Title 18, United States Code Section 2332a(a)(1) which prohibits using a weapon of mass destruction against a US citizen outside the US then she should. She's a journalist and nowhere near as naive as she now pretends to be. Also: she should get better lawyers.
"The US government, who is always trying to solve the problems of the world, especially in the Middle East, has decided to go after one woman for no obvious reasons."
Our comment: No obvious reason except for her having murdered US citizens and proudly confessed to her sickening crimes.  
Tamimi on Kuwaiti TV, June 2012: Invented casualties [Image Source]
In 2013, the US government filed under seal a criminal complaint against Tamimi based on her assistance in an August 9, 2001, bombing of Sbarro Pizzeria in Jerusalem that killed 15 people, including two American citizens. The criminal complaint was unsealed publicly last week.
Our comment: An assistant? No, she planned and masterminded the massacre. In dozens of TV, press and social media interviews since walking free, she has highlighted her key role, not hesitating to exaggerate her achievements and make up explosions that never happened when that suits her. For instance, in a June 2012 interview on Kuwait's Iqraa TV channel [video here] she explained her work with Hamas:: "I was assigned three missions. The first mission was to spot locations suitable for Jihadi operations. I would go to Jerusalem and walk around in the areas frequented by the Zionists... I would surveil suitable locations... I would submit reports to the cell commander and this report would be studied... My second mission was to carry out Jihadi operations. I was assigned this mission. I would take explosive devices... I learned how to operate one of those explosive devices, and I took it to a supermarket..." She then goes on to claim that the supermarket - the Co-op Supermarket that was located in the basement of the Mashbir department store on King George - "completely exploded. At the time, the Israelis said that nobody had been killed or wounded... it was normal for them to conceal the number of casualties, in order to avoid panic among the Zionists." In reality, no one was injured or killed, and while the basement was damaged, the rest of the building - a Jerusalem landmark until it was substantially gutted and renovated this year - was undamaged and intact. She's inventing things to enhance her standing.
Federal prosecutors accuse Tamimi of having agreed in the summer of 2001 to carry out attacks on behalf of the military wing of the Palestinian Hamas movement and having travelled with the restaurant bomber to Jerusalem. Prosecutors say that she instructed the bomber to detonate the explosive device, which was hidden in a guitar, in the area.
Our comment: Accuse her? She doesn't deny any of this. You can hear her tell it over in her own words on a variety of different websites. For instance, in that same 2012 Kuwaiti TV interview, she begins with this: "I was a journalism student... and I was working in the media and the press. This allowed me to become a member of the Palestinian Journalists Union. The union card enabled me to enter Jerusalem in order to conduct interviews. This drew the attention of the 'Izz Al-Din Al-Qassam Brigades. They realized that I could enter and leave Jerusalem, without the knowledge of the Zionists... This made them ask me to join the 'Izz Al-Din Al-Qassam Brigades, and I immediately accepted." The Brigades are the operational arm of Hamas' terrorist activity.
Tamimi told Al Jazeera that she never knew that American nationals were killed in that bombing. She also said the Israeli government never mentioned that during her trial. "The first time I ever knew that Americans were killed was when the Interpol in Jordan told me about the charges filed in the US against me," she said.
Our comment: We don't know what she knew or didn't know. But as a journalist with a lot of time on her hands during her eight years in a wired, well-facilitated Israeli prison, not knowing after all these years that there were American victims is unlikely. Also: it makes no difference to her criminal culpability. Absolutely irrelevant.
Tamimi believes the complaint was a result of pressure from US-based pro-Israel groups. "These groups have somehow been able to steer the US government to go after me...
Our comment: Wrong. We began our pursuit of her via the DoJ in early 2012, three months after she walked free from her Israeli cell. No, we're not US-based. Yes, we are pro-Israel. 
...even after I was convicted and spent many years in Israeli prisons."
Our comment: The massacre took place on the afternoon of August 9, 2001. She was arrested in September 2001 when she was 21 years old. She pleaded guilty to all charges at her trial in June 2003 and was sentenced in September 2003 to 16 terms of life imprisonment. She was released in October 2011. Sixteen terms of life imprisonment would be "many years in Israeli prisons". What she served was not.
This is the woman who says she wants to put it all behind her.
The "it" that "was great" is the slaughter of Jewish children including
our 15 year old daughter Malki. Does the Al Jazeera guy know this?
Certainly.
Last year, Jordanian lower courts handed her legal victory when it rejected the US request on the ground that the US-Jordan extradition treaty signed in 1995 was unconstitutional because it was never ratified by the Jordanian Parliament.
Our comment: There's much to say about this claim, all of it critical and mostly dismissive. Maybe later. Suffice to say for now that in a monarchy where the king changes prime ministers and governments more often than some presidents change their suits, there's an inherent problem in paying so much respectful attention to a constitution. Jordanian law and what is legal and illegal depends on one individual. If they wanted to extradite her, she would be in the US today. 
And a variety of Jordan versions have emerged of what its courts have ruled and when, and what its constitution says. A clear picture we're certainly not getting. They say whatever they need to say.
We received a formal response from the DoJ in Washington this week stating its official view. They say the Extradition Treaty between the US and the Hashemite Kingdom of Jordan was signed on March 28, 1995 in Washington DC. This, please note, was followed by the exchange of instruments of ratification on July 29, 1995. In the DOJ's view, the Treaty entered into force that same day and continues in force. It is listed in "Treaties in Force: A List of Treaties and Other International Agreements of the United States in Force on January 1, 2011," the Department of State's publication that that provides information on treaties and other international agreements to which the United States has become a party and which are carried on the records of the Department of State as being in force as of the stated publication date. 
In simpler words, the US which is the other party to a two-sided agreement has no doubt that it is fully in effect. 
But that's not the whole story. The DoJ told us that on January 25, 1997 - more than two decades ago - the Jordanian Court of Cassation (evidently the same court that ruled the treaty ineffective this past Monday) held that the Treaty was unconstitutional. That was said to be because Jordan had not submitted the Treaty to its Parliament for endorsement. And in the twenty years since then, Jordan's parliament has still "not approved the Treaty" in the language of the DoJ letter to us. 
So why is the same question being presented to what we are told is Jordan's highest court over and again? And who is presenting the other side - the argument that Jordan can and must extradite? We may never find out but we are trying. But clearly the Jordanians, for whom Tamimi is a national (Palestinian Arab) hero, won't be offering any clarification. 
On Monday, Jordan's Supreme Court agreed with the lower court's decisions making her extradition legally impossible for Jordan. "All of the Jordanian courts agreed with our position to reject the American request because it was illegal according to Jordan's constitution," Hikmat Rawashdeh, Tamimi's lawyer, told Al Jazeera.
Our comment: So if the higher Jordanian court agreed with the lower Jordanian court and both say Tamimi cannot be extradited, who appealed from the lower court which is a court of appeal?  
About Mr Rawashdeh, Tamimi's lawyer in these recent proceedings, here's something that Wikileaks knows about him: "The defendants' lawyer Hikmat Rawashdeh argued during his closing remarks that, "Most Jordanians wish to fight Americans and Israelis and I am one of them.  Should I be punished for this intention?  If this is the case then the authorities should punish the entire Jordanian population." [Source: Wikileaks from March 2006] We can surely rely on him to tell us the truth, right Aljazeera?.
"The constitution bars extraditing any Jordanian citizen without the due process of the law or proper extradition request, which was not done by the American side," he added.
Our comment: Maybe yes, maybe no. Certainly Aljazeera's clever reporter didn't express a view on that or consult any other experts. Our experience is the Department of Justice people are competent and know how to fill in forms. The reference to "due process" from a Jordan-Palestinian mass murderer is a sad joke. 
We learned from speaking with the American law-and-order people with whom we have been in steady contact for some years that there have been several extradition requests made to the Jordanians over the years. One succeeded - the case of a fugitive called Eyad Ismoil, extradited to the US in 1995. Ismoil, who like Tamimi and about 70% of the Jordanian population considers himself a Palestinian, drove a bomb-laden truck into the parking garage of the World Trade Center in 1993. That bombing attack killed six people and injured more than 1,000. The U.S. District Judge hearing the case ordered Ismoil to pay more than $10 million in restitution "just to make sure that you never make a dime out of this."
Rawashdeh also said that Jordan's constitution prevents prosecuting an accused person with the same offence twice, similar to the "double jeopardy" clause in the Fifth Amendment to the US Constitution.
Our comment: Double jeopardy has no application in Tamimi's case - we have heard this from a string of legal experts. She is being charged in a different country on different charges.
Al Jazeera asked the US Justice Department for its reaction to the Jordanian court ruling and whether the US government would review its extradition treaty with Jordan or renew its demand for extradition. "As a matter of policy, the Department [of Justice] generally does not comment on extradition-related matters," Peter Carr, a spokesman for the US Justice Department wrote in an email to Al Jazeera.

As a result of Jordan's Supreme Court decision, Tamimi is no longer wanted by the Interpol in Jordan. She is still, however, a wanted person internationally by Interpol and could face arrest should she travel outside Jordan.
Our comment: We're checking with Interpol. But this is probably true. Once the Jordanians told Interpol their law did not allow for Tamimi's extradition, Interpol had nothing more to do.
Tamimi was a 20-year-old college student when she was arrested in Israel and pleaded guilty during her trial. She was sentenced in 2003 to 16 life terms in prison for her role in the bombing. She said that after her arrest, she was held for 43 days, during which was subjected to physical and psychological torture.

"I was subjected to cruel treatment by Israeli jailers, and was never allowed to even have proper hygiene or make contact with family or have access to a lawyer," she said.

After spending 10 years in Israeli jails, during which she was rarely allowed to talk to her family, Tamimi was freed from prison in 2011 as part of a prisoner exchange between Israel and Hamas.
Our comment: Some prisoner exchange. Shalit was kidnapped and held hostage - a war crime - for more than five years by Hamas. He was denied visits from the Red Cross; was not allowed to communicate with family members (to which he was entitled under the Geneva Conventions).The Shalit Deal, consummated in October 2011, resulted in prisoners collectively responsible for 569 Israeli deaths, including Tamimi, walking free. Tamimi's deprivations, if not entirely invented, are trivial by comparison with Shalit's. And if she complained about them to the Red Cross or to one of the many accessible and sympathetic Israeli lawyers, it remained a secret. Which is not what we believe. Telling the truth comes her to this woman. 
She said she was in utter shock that the US government decided to go after her, insisting that she committed no crimes against the US government or on US soil, or that she tried to kill US citizens intentionally.
Our comment: Tamimi's shock again: she's being poorly advised on how US law works. Or pretending that there's some merit to her contentions. There's none.
Tamimi said she witnessed many of her friends and fellow students killed in "cold blood" by the Israeli army.
Our comment: We have yet to hear of an Islamist terrorist who does not justify his or her atrocities by referring to vaguely described Israeli actions.
Evidence that the murderer has been more frank
in previous interviews
In 2000, the Palestinian occupied territories were engulfed in a bloody uprising called the "Al-Aqsa Intifada" against the Israeli occupation. Between the years 2000 and 2005, Israeli forces killed 3,136 Palestinians while 431 Israelis were killed by Palestinians. "From a Palestinian, as well as international law perspective, it is perfectly legitimate to resist the Israeli occupation," she said. "We only wanted freedom for our country, not to kill Israelis or others for the sake of killing."
Our comment: Tamimi masterminded an armed assault - with a bomb - on a child-filled pizzeria timed to happen on a school vacation afternoon, having looked for one that attracted large crowds of children and their mothers at that hour. She wants us to understand that this was about freedom. Freedom for which country? Does Hamas - which sees itself in a religious conflict - even claim to want to create a country? She denies killing Israelis for the sake of killing, but her actions then and since demonstrate how insincere and false her denial is. 
That she didn't want to kill Israelis is a bald-faced lie that persuades her backers. She has said publicly - and been praised for it in the demonic circles from where her support comes - that she wanted to kill Israelis, she wanted to kill religious Jews, that she wanted to kill children. She sought a Jerusalem location where she could achieve these goals. The Sbarro pizzeria on that hot afternoon supplied everything she sought.
The self-serving nonsense of "we only wanted freedom" comes directly from the Islamist terror playbook. It works; headline writers love it and it's a great fig-leaf when your real position is indefensible. 
About the freedom of our daughter Malki and all the others whose lives were terminated or tragically damaged by the woman who "never wanted to kill", we simply don't ask. The answer is obvious. 
Since her release from Israeli jails, Tamimi said she has tried to put the past behind her and tries to have a normal life for and her husband. Soon after her release from jail, she got married to Nizar al-Tamimi, 44, a relative, who spent 19 years in Israeli jails for killing an Israeli settler in the occupied West Bank and was released at the same time as Ahlam.
Our comment: Tamimi wants to put the past behind her? That's understandable - but absurd. She recounts the past and her glorious role in it at every opportunity for audiences of millions of people and on this, she is convincing. She has said explicitly and repeatedly that she regrets nothing; she would do it again. She glories in the fame and adulation she gets for her murders from every part of the Arab world (we're willing to provide evidence to anyone who wants). She has said she feels no sympathy for the Israeli children she murdered or their families. She said it again today to Associated Press - see their fawning interview with her here
She was asked, immediately after reaching Jordan in October 2011, whether she would do it the same way, on the same huge scale, if she could go back in time. Her response [here] ought to be engraved in cement: "Of course. I do not regret what happened. Absolutely not. This is the path. I dedicated myself to Jihad for the sake of Allah [nothing to do with national liberation or resistance - it's religious warfare for her and her fellow Islamists], and Allah granted me success. You know how many casualties there were [at the Sbarro pizzeria]? This was made possible by Allah. Do you want me to denounce what I did? That’s out of the question. I would do it again today, and in the same manner." Clear enough?
So what exactly is it that Al Jazeera thinks she wants to put behind her? This woman's life is the polar opposite of someone who is trying to get past the savage, hateful crimes of her younger years (she's now 37). She will say whatever advances her cause at that moment and for that audience. 
Why didn't the clever reporter from Al Jazeera ask her to comment on the normal life that Malki so much wanted, and all the other victims? Or whether she feels regret or understanding or sympathy or a deeper understanding. But the Al Jazeera tribute isn't about truth. It's about getting honoring a woman who is already on a pedestal for getting away with murder and satisfying the blood-lust of an entire society.
"I would like the American people to look at the case against me as an unjust case and speak out to stand with me and the truth," she said. "I want to lead a normal life, continue my education and raise a family. All l want now is for the US government to just leave me alone."
Our comment: We're the parents of one of her murdered victims and it's unbearable for us to listen to the sickening cynicism of a completely unrepentant killer who escaped punishment and complains that the prosecutorial case against her was unjust. The only aspect that is unjust is that she is alive and free.
* * *

We tweeted yesterday about Al Jazeera's shameless tribute to an unrepentant killer of children. Addressing the reporter, Ali Younes, we wrote:
He hasn't bothered responding.

Monday, March 20, 2017

20-Mar-17: The Hashemite Kingdom's courts have spoken: The murdering FBI fugitive will not be handed over

Tamimi arriving at Amman airport after being freed in the October 2011
Shalit deal
Over in Jordan, a decision by an important court was handed down today and reported this afternoon.

It confirms what we have understood for the past week since the United States Department of Justice unsealed a sealed 2013 complaint charging Ahlam Tamimi, the mastermind of the Sbarro pizzeria massacre and our daughter's murderer: Jordan has no intention of extraditing Tamimi to the United States.
Jordan’s Court of Cassation rejected on Monday the request made by the US authorities to extradite ex-prisoner Ahlam al-Tamimi. The decision was issued during a court hearing chaired by a panel of adjudicators namely Judge Mohamed Ibrahim, Naji al-Zu’bi, and Yasseen al-Abdalat, among others. A judicial source told Jordan News Agency, PETRA, that the Kingdom and the United States signed an extradition treaty on March 28, 1995, but was not approved by the Jordanian parliament.
The case involves Ahlam al-Tamimi, a Palestinian anti-occupation activist with Jordanian citizenship. In August 2001, she played a major role in the anti-occupation attack on a Sbarro Pizzeria in Occupied Jerusalem. Tamimi was captured by Israel, tried, convicted, and made to serve eight years in prison out of her 16 life sentence before being released in an Israel-Hamas prisoner swap deal. She then became the host of a television show in Jordan. ["Jordan Cassation Court rejects extraditing Tamimi to US", Palestinian Information Center, March 20, 2017]
How many people made this decision? Was it unanimous? Are they all judges? The answers are not so clear, though we think Jordan uses the word cassation as some European countries do to indicate the highest, most supreme court in the land (and this page on a Jordanian government website seems to support that view). The US Embassy in Amman says that the "Court of Cassation is made up of a maximum of 15 judges. Five judges generally hear each case." Did that happen here? Who knows?

The government-controlled Petra report [here] mentioned above says the Court of Cassation was considering - and opted to approve - an earlier decision of an entity it calls the Amman Court of Appeal. Which leaves us wondering: this obviously means the lower court blocked Tamimi's extradition, and the higher court came to the same view. So who brought an appeal against the Amman Court of Appeal's decision to block Tamimi's extradition? And why? Who knows.

Also not so clear is why Jordan waited for 22 years before deciding that it was not going to ratify a treaty that it seemed keen to consummate back in the days of the Bill Clinton administration.

There's little reason to spend much time or many words tearing apart some of the self-serving rhetoric of this Arab report. Characteristic of its genre, it makes no mention of the crime - multiple murders - for which Tamimi was sentenced by an Israeli military court in 2003. Or that she admitted all the charges and made a full confession. Or that she has repeatedly boasted of how the murder of Israeli Jewish children caused her joy and absolutely no regrets. For matters like these, a discerning person will not turn to a news source called "Palestinian Information Center". And it's no wonder the people who do turn to it come away sympathizing with the absurdly-described "anti-occupation activist".

When the Arabic report says she "then became the host" of a TV show, they could have said - but didn't - that the show she hosts is produced by Hamas, that it's beamed (not only by satellite by a myriad of easily-accessed streaming-video websites) to a vast Arabic-speaking audience located in every part of the world, that it explicitly aims to boost and keep up the spirits of Palestinian Arab prisoners in Israeli jails (and their families) on terrorism and similar charges, and (which few seem to know) that she stopped being its presenter with no warning in September 2016.

It appears (we can't be certain) that she learned the Americans were on her trail at about that time, and promptly adopted a slightly lower profile.

Today's decision seems to have been confidently anticipated by Tamimi herself to judge from another report published on the same Arab website on March 17, 2017:
The family of Jordanian journalist Ahlam al-Tamimi has expressed confidence that Jordan’s judiciary would reject the US request to extradite her, saying it fully trusts the justice and integrity of courts in the country. “We are fully confident that the court of cassation will issue a ruling endorsing the verdicts made by the first instance and appeal courts that rejected the [US] extradition request,” the family stated in a press release on Thursday. “The case is still in Jordan’s court of cessation and a definitive decision is yet to be made,” the family said. “The Jordanian monarch, government, and judiciary will remain the guardians of their nationals and will not allow anyone to harm them or undermine their human value,” the family said with confidence. ["Tamimi’s family: We trust the justice of Jordanian courts", Palestinian Information Center, March 17, 2017]
So it seems their trust and belief was well-placed.

A much more sober account of what has just happened - based in part on the same Jordanian source as the report we have just mentioned - is published by the venerable Jewish Telegraphic Agency:
Jordan’s highest court has upheld a lower court decision to deny a U.S. request to extradite a woman who was involved in a suicide bomb attack in Jerusalem that killed 15 people, including two Americans. In the case of Ahlam Aref Ahmad Al-Tamimi, the Court of Cassation upheld the decision on Monday reportedly because an extradition agreement between the two countries signed in 1995 was never ratified by the Jordanian parliament, according to the Petra news agency, citing an unnamed judicial source... Al-Tamimi, who is in her mid-30s and also is known as Khalti and Halati, is accused of being involved in the suicide bombing at a Sbarro pizza restaurant in 2001 that left 122 injured, including four Americans. The charge had been sealed since July 2013. In 2003, she pleaded guilty in an Israeli court to multiple counts of murder and was sentenced to life in prison, but was released and returned to Jordan in 2011 as part of the controversial deal to free kidnapped Israeli soldier Gilad Shalit in which Israel exchanged 1,027 prisoners. The Justice Department is seeking her extradition to stand trial. According to the U.S. affidavit, Al-Tamimi traveled with the suicide bomber, led the bomber to a crowded area and provided instructions on how to detonate the weapon. She had agreed to carry out attacks on behalf of Hamas’ military wing, the affidavit said. The FBI has placed her on its Most Wanted Terrorist List. ["Jordan’s highest court upholds decision to deny US request to extradite terrorist", JTA, March 20, 2017]
So far, there has been no coverage from the mainstream news reporting media. This ought to surprise people. It certainly bothers us.

We think there's much here that needs to be verified, checked and documented and that, just because a legal source is said to have made a decision in Jordan, it doesn't necessarily follow that this amounts to a decision similar in gravity and respectability to a decision made by a superior court in another country. Unfortunately a lack of quality, inquisitive reporting makes real answers hard to find.

In any event, as people who are deeply interested in the outcome of both the legal process and the extradition process, we will keep looking into ways to encourage an outcome more consistent with the interests of justice.

Sunday, March 19, 2017

19-Mar-17: A thought about Jordan and its treaty obligations

Ahlam Tamimi the day after she arrived back in Jordan
October 19, 2011 [See below for more background]
Stephen M. Flatow whose daughter Aliza was murdered in a Palestinian Arab Islamic Jihad human bomb attack on an Israeli bus in 1995, has an op ed on the web site of the Jewish Press today ["Jordan Protects A Killer Of Americans – Where’s The Outrage In Washington?", March 19, 2017].

A brief extract:
The Trump administration has revealed that four years ago the U.S. secretly indicted a Palestinian-Jordanian terrorist who was involved in the murders of American citizens.
So why is Jordan still refusing to hand over the killer? The case involves Ahlam al-Tamimi, a Palestinian terrorist with Jordanian citizenship. In August 2001, she played a major role in the bombing of a Sbarro Pizzeria in Jerusalem. Fifteen people were killed – including American citizens Malki Roth and Shoshana Greenbaum – and four Americans were among the 122 people who were injured. Tamimi was captured by Israel, tried, and convicted, but served just eight years in prison before being released in an Israel-Hamas prisoner exchange. She then became the host of a television show in Jordan, and has boasted on air about her role in the Sbarro massacre...
Sure, it’s good that Ahlam al-Tamimi is now on America’s Most Wanted list. But when will the Palestinian killers of some 142 other Americans be added to the list?
More important, when is the U.S. government finally going to put meaningful pressure on those who shelter killers of Americans? The U.S. gave Jordan $393 million in aid last year. Is that just a blank check? Or is it time, perhaps, to make some of that aid conditional on Jordan surrendering killers of Americans?
The whole article is worth a few more moments of reading, here.

We posted this brief comment, below, on the article's page:
This shabby chapter in US/Jordan relations provides a good opportunity to recall that Jordan, with a population whose majority defines itself as Palestinian Arab, is and functions as another Palestinian entity - one arm of a three-sided structure that includes the Fatah/PA regime and the Hamas entity in Gaza.  
Mr Flatow's question ought to be echoed in many of Washington's corridors of power: With hundreds of US aid dollars flowing into its coffers annually, can Jordan be granted a blank check to do what's convenient for a Saudi ruling clan (the Hashemites) that aspires to keep holding onto a desert kingdom filled with self-styled Palestinians and their blood lust?  
Or will it honor its treaty obligations and hand the savage smiling murderer of Americans - including the murder of our fifteen year old daughter Malki - to extradition and the US justice system? 
It ought to be carefully explained to Jordan that answering that question the wrong way brings on uncomfortable penalties.
The photo at the top of this page is little-known. It comes from an online photo collection, Demotix, that is no longer on line. We archived it, fortunately, when it was still up.

In case you thought the Jordanians were embarrassed by the return of a mass murdering Jordanian woman, released from prison via an act of open extortion (the Shalit deal) and destined to spend her days in the shadows and fringes of Jordanian society, think again.

The photo shows a scene from a high-profile Jordanian reception for the happy murderer a day after she was released from her Israeli prison cell (October 18, 2011) and arrived back to her home-land via a brief stop-over in Cairo. This photo was taken on October 19, 2011.

And where was this glossy event conduction? The reception to honor the barbaric savage who explicitly sought to kill as many Jewish mothers and children as possible took place inside Jordan's Family Court complex in Amman. Whether or not they understand this, the authorities in Jordan were sending a repugnant message about law, order, decency, public endorsements and above all their view of the morality of blowing Jewish children to bits.

The Jordanian authorities, despite their thin protestations to the contrary, have never had a problem giving Ahlam Tamimi appropriate public platforms from which to give expression to her celebrity-murderer status. If there's even a one of them who's embarrassed by how this impacts on their moral standing, they're continuing to do a first-rate job of hiding it.

Below is the full page Demotix image from which the photo above was extracted.


Wednesday, March 15, 2017

15-Mar-17: Sbarro and justice


We had the privilege yesterday of being asked by Prof. William A. Jacobson of the excellent Legal Insurrection site to contribute a comment to his article "U.S. to seek extradition of Ahlam Tamimi, the Savage of Sbarro Pizzeria bombing". 

If you haven't read it, can we suggest you do? It gives background and a framework for understanding yesterday's events in Washington - the announcement by the Department of Justice of meaningful legal steps against the woman who for years has publicly boasted of having masterminded the massacre-by-human-bomb at Jerusalem's Sbarro pizzeria on August 9, 2001.

That woman, Ahlam Tamimi, lives the life of a celebrity in unimpeded freedom today in Amman, Jordan. Now, finally, there is a warrant out for her arrest and a prospect that she will be brought to trial in the United States under US law.

Here's what we wrote:
My wife and I were aware from about 2005 of efforts to have the mastermind of the Sbarro pizzeria massacre released on one spurious basis or another. Our daughter Malki was murdered there at the age of 15. We wrote and spoke against the idea of convicted terrorists being released early dozens of times and in several countries. Then in 2011 the Shalit Deal took shape. Israel catastrophically gave in to Hamas’ demands and Ahlam Tamimi’s name was in the walk-free list. 
We were shattered. Even before the deal was done, we predicted what this might mean and, in the years since then, most of what we feared has come to pass. In fact, in some ways, the reality has been even worse than that
We first approached the Department of Justice via a personal meeting with a large group of its senior people in Washington some months after the Shalit Deal was done. That was in early 2012. We asked for Tamimi to be brought up on charges in the United States. Our daughter was a US citizen, and the Koby Mandell Act requires US authorities in such situations to go after the terrorists wherever they are and bring them to court to face US justice
.
Five years later, it’s apparent that a sealed complaint was already been filed with a Washington DC court within about a year of that first meeting and prior to several subsequent meetings we had with them. We got vague messages that expressed support for what we wanted but no actionable information. We were immensely frustrated. We have a better understanding of why things were done that way. 
It’s evident as of today that the government’s lawyers are seriously intent on pursuing the Tamimi prosecution, and have been making vigorous efforts in secret. The obstacle is clear: Tamimi lives in Jordan where she was born, where most of her family lives and where the vast majority of the population call themselves Palestinians. The government of Jordan does not want to see her extradited. Our understanding is they are not co-operating with DoJ’s efforts. 
This is about justice in the truest sense of the word. When it affects others and not you, justice can seem an abstract notion. But it’s not an abstraction. Civilized societies cannot function when justice is trampled. 
We know there is more work to be done.
Arnold Roth
Click to enlarge. The unedited original can be
downloaded from the FBI website
We provided some comments as well to the editors at JewishPress.com:
Our daughter Malka Chana was murdered in the summer of 2001. In the years that have followed, my wife and I have lived through a multi-stage trauma with twists that could have been scripted for the movies. One of the most soul-destroying aspects has been the process of learning what people really mean when they talk about justice. People, in this context, means ordinary people on the street where we live but it also means prime ministers and presidents, secretaries of state and ambassadors, along with politicians of every rank and orientation. 
Today, we met with people from the US Department of Justice, some of whom we have met with for discussions repeatedly in the five years since I first went to Washington to ask them to bring Ahlam Tamimi, the woman who planted the human bomb at Jerusalem's Sbarro pizzeria, to justice. If those earlier meetings were stressful and difficult, today's was in some ways even more difficult.  
This time, facts and events were openly discussed, unlike in the past, and we learned to our relief that the US government believes Tamimi will be convicted and that justice will be served. But there's an important bridge to cross first: she has to be brought to the United States, and this is something that requires the co-operation of America's valued ally in the Middle East, the Hashemite Kingdom of Jordan. 
The Jordanians speak about justice a great deal. But from watching them over the years, there's no doubt they mean something very different, something mostly unrecognizable to us, when they invoke the concept of "justice".  
My wife Frimet and I know that if justice is going to be done to the memory of our Malki, considerable pressure will be needed. We are now busy trying to find who is with us in that quest, and who is not. 
Obviously, justice is very much on our minds right now. In fact, that has been consistently true since August 9, 2001.

Thursday, February 23, 2017

23-Feb-17: The fate of another Shalit Deal murderer and what this means for peace

New Yorkers standing up for the rights of another unrepentant, convicted
Islamist murderer/"political prisoner" - January 2017 [Image Source}
A Ma'an News Agency report ["Longest-serving Palestinian prisoner resentenced to life in prison plus 18 years", February 23, 2017] throws some light on how the catastrophic Shalit Deal is viewed in Palestinian Arab circles.

It starts by focusing on Nael Barghouthi, 59, whom it terms "the longest-serving Palestinian prisoner". It says he was sentenced yesterday by an Israeli court to life in prison with an additional 18-year sentence, and quotes the Palestinian Prisoner’s Society as its source.
PPS said in a statement that the court had ruled that Barghouthi, 59, was to serve the remainder of his previous sentence received prior to his short-lived release in 2011 as part of a prisoner swap deal between Israel and the Hamas movement. Israeli forces first detained Barghouthi, who is from the village of Kobar in the central occupied West Bank district of Ramallah, in 1978 when he was 20 years old for alleged membership in an armed resistance group. After being released as part of a prisoner swap exchanging Israeli soldier Gilad Shalit with more than 1,000 Palestinian prisoners held by Israel, he was redetained in June 2014 when Israeli authorities claimed that he had broken the terms of his release, and was sentenced to 30 months in prison... However, he remained in Israeli custody after a military court rejected an appeal to release him in January... [Ma'an]
It then offers this piece of unsubstantiated analysis:
Since the Shalit deal, Israel has initiated mass detention campaigns to bring hundreds of former prisoners released in the exchange back into Israeli custody, in violation of the agreement.
Violation? Here's what really happened.

In October and November of 2011, some 1,027 convicted Palestinian Arab terrorists were released from their Israeli prison cells as part of the Hamas-driven extortion of the government of Israel to have a hostage, Gilad Shalit, freed. We know this as the Shalid Deal and have expressed our outrage repeatedly at the violation of fundamental principles of justice that this catastrophic transaction represents [see "13-Feb-17: Another Shalit Deal milestone" and our previous posts listed there]. The Arabs have recently taken to avoiding the Shalit label and instead call it the Wafa al-Ahrar prisoner exchange. (Orwell would have appreciated the double-speak of applying "exchange" to an act of cold-blooded and illegal extortion based on the holding of a hostage in an underground cellar for five years.)

All of them were let loose on explicit conditions. In some cases, the prisoners signed a document acknowledging those conditions which we know (from personally inspecting some of the documents) varied from convict to convict. (Na'el Barghouti's sentence commutation was certainly subject to conditions as an October 2011 Christian Science Monitor article made clear.) In many cases, for instance, the conditions included a restriction on where the terrorists could and could not live.

In every case, the commutations of sentence - note carefully: not pardons - were conditioned on the terrorists not returning to do more terror. Breaching that condition rendered the terrorists automatically liable to being returned to their cells and serving the remainder of the sentence. No fresh hearing, no parole, no flexibility.

In the Israel Prison Service table of prisoners walking free in the Shalit Deal, the name of prisoner 959266958 is given as Na'al Salah Abdullah Barghuti (in Hebrew: נאאל ברגותי סאלח עבדללה). The Ma'an editors say he was behind bars for
alleged membership in an armed resistance group.
That's the sort of disingenuous nonsense in which they routinely engage, along with calling every act of Arab-on-Israel terror "alleged" and most convicted murderers of Israelis "political prisoners". A Ynet report at the time conveys what anyone who looked up the prisoner's name in the widely-circulating IPS papers (or Wikipedia) would have known: that 
Nael al-Barghouthi, the longest-serving Palestinian prisoner... was sentenced to life in prison in 1978, for murdering an Israeli security officer... [Ynet]
Other Arab sources have hinted a little more broadly at the homicidal activity that earned him a life sentence. A Pal Arab advocacy site [here] says he was arrested after
carrying out a commando operation in which one Israeli was killed.
Aljazeera adds that the
"commando operation" which killed one Israeli [was] near the West Bank settlement of Halamish... "After 30 years in captivity, we are just soldiers returning to our bases," he told the Palestinian newspaper Falastin.
(Israelis know Halamish better as Neve Tzuf, the Jewish community that most closely abuts a notoriously violent Arab settlement about which we have written several times [see "17-Mar-13: A little village in the hills, and the monsters it spawns" and "29-Aug-15: Revisiting a Palestinian Arab village and its monsters".]

MEMO said he
joined an operation in June 1978 against military targets. Following their arrest, he and his brother were sentenced to life imprisonment.
Since the Arab media is famously free and loose with its facts, it's not surprising that a different article on the very same site [here] says he was
arrested at his family home in the village of Kubar on 4th April 1978 and sentenced to life imprisonment
which if true would mean he was arrested two months before the murder of which he was convicted. (The UN Security Council may yet be asked to get involved.) As for Ma'an, even saying he was arrested would be giving too much credit to the Israelis. They consistently write of him [here] and other terrorists that they were "detained".

Why was the freed murderer, let loose in 2011 despite his uncompleted life sentence, re-arrested in June 2014. Ma'an simply says
Israeli authorities claimed that he had broken the terms of his release... [Ma'an]
And as we noted above, it claims re-arresting those freed terrorists was
in violation of the agreement [Ma'an]
between Israel and the outlawed terrorists of Hamas. But it was in fact very much in accordance with the conditions of the commutation of sentence and therefore the terms agreed. (Haaretz refers to a hearing which considered his involvement with Hamas and with financing terror activities.) Ma'an then quotes a Hamas spokesperson saying
the Israeli decision to resentence Barghouthi was "another crime added to the criminal record of the Israeli occupation against the Palestinian people." He added that the decision was a "futile attempt to break the will of our people and stop their endeavor to gain freedom." [Ma'an]
No it wasn't another crime. It wasn't any crime. It was the straight-forward result of him breaching the terms of the disgraceful, unconscionable deal which got him his freedom. A Palestinian Arab source, Samidoun, says several dozen Shalit Deal beneficiaries have been sent back to Israeli prisons, some (we assume) fated to complete their original sentences. It names them as
Nidal Zaloum; Abd El-Men’em Othman To’meh; Majdi Atieh Suleiman ‘Ajouli; Ayed Khalil; Samer El-Mahroum; Alaa El-Bazyan; Adnan Maragha; Nasser Abedrabbo; Safwan Oweiwi; Rabee’ Barghouthi; Suleiman Abu Eid; Ibrahim Shalash; Ibrahim Al-Masri; Zuheir Sakafi; Ahmad Al-‘awawdeh; Bassam Na’im Al-Natsheh Abu Eid; Mahmoud Al-Swaiti; Mu’amar Al-Ja’bari; Khaled Makhamra; Abbas Shabaneh; Rasmi Maharik; Nayef Shawamreh; Na’eem Masalmeh; Mu’az Abu Rmouz; Amer Moqbel; Ashraf Al-Wawi; Muhamad Barakat; Ya’koub Al-Kilani; Aref Fakhouri; Waheeb Abu Al-Rob; Muhamad Saleh El-Rishek; Mu’amar Ghawadra; Imad Mussa; Abdelrahman Salah; Ashraf Abu El-Rob; Wael Jalboush; Nidal Abdelhaq; Taha Al-Shakhsheer; Zaher Khatatbeh; Hamza Abu Arkoub; Mahdi El-Assi; Shadi Zayed Odeh; Jamal Abu Saleh; Ismail Hijazi; Rajab Tahan; Samer Issawi; Khader Radee; Imad Fatouni; Muhamad Issa Awad; Suleiman Abu Seif; Ahmad Hamad; Khaled Ghizan; Ismail Musalam; Yousri Joulani; Nael Barghouthi; Imad Abdul-Rahim; Fahd Sharaya.
(We have not yet compared them with the names in the Israeli records. Stand by. On the IDF's law site in Hebrew [here] there's useful discussion about how the military viewed these prisoners and the rationale for why they were deemed liable to be sent back behind bars.)

Barghouti is a hero today, not despite the murder that Ma'an is too coy to mention but because of it. Palestinian Arab society demonizes those who speak of peace and reconciliation, and makes heroes of those who kill and perpetuate the hatred. There is no chance of better times as long as this is true. Na'el Barghouti started out as a terrorist with Fatah back in 1978. As a prisoner, he converted to become a religious extremist and, according to Ma'an, now owes his allegiance to the Islamists of Hamas

The world would not be a better place - not our world, not the Palestinian Arab world - if men like these were handed back their freedom. Basic notions of justice (10-Jun-12: "Prime Minister Netanyahu: Honor the principles of justice and decency on which our nation is based.") dictate that not one of them ought to have gotten free via the kidnapping and ransom demands that were integral to the Shalit Deal.

The deaths and destruction that have followed have demonstrated via blood and tears how well-founded the outrage and anger at the catastrophic Shalit Deal were and are.

Monday, February 13, 2017

13-Feb-17: Another Shalit Deal milestone: Four terms of life imprisonment but this murdering jihadist now heads Hamas in Gaza

Sinwar, the day Israel let him walk free [Image Source]
Associated Press is reporting this afternoon that Hamas has a new leader in Gaza, and calls him "one of the Islamic militant group's most hard-line figures".
The appointment of Yehiya Sinwar, who was freed by Israel in a 2011 prisoner swap, solidifies the takeover of Gaza operations by the armed wing of the group. The military wing, which controls thousands of fighters and a vast arsenal of rockets, has battled Israel in three wars since Hamas seized Gaza a decade ago...  Sinwar replaces Ismail Haniyeh, who served as the prime minister of Hamas' government following the 2007 takeover of Gaza. Haniyeh is now expected to take over as Hamas' supreme leader, replacing Khaled Mashaal, who lives in exile. Khalil al-Haya, another political hard-liner, was elected as Sinwar's deputy. ["Hamas Names Top Militant as New Leader in Gaza", Associated Press via Bloomberg, February 13, 2017]
We're pleased to note that AP's story skips the customary nonsense about the Islamists wanting desperately to create a Palestinian Arab homeland and itching to build more kindergartens, nicer maternity wards and child-friendly museums. Instead:
Hamas is sworn to Israel's destruction and has killed hundreds of Israelis in suicide bombings, shootings and other attacks... Gaza is mired in poverty and widespread destruction. International organizations estimate the unemployment rate at over 40 percent, and the movement of people and goods in and out of the war-battered territory remains restricted. [Associated Press]
Sinwar was released from Israeli prison in the catastrophic Shalit Deal of 2011, having been arrested on January 21, 1988 and sentenced a year later after being tried in an Israeli court to four life terms for multiple offenses including (according to AP) masterminding the abduction and murder of two Israeli soldiers.

But a Haaretz profile two days ago reveals that Sinwar (sometimes written Sanwar) was sentenced by Israel
to life in prison in 1989 for the murder of Palestinian [Arabs] suspected of collaboration. His younger brother Mohammed was a commander in the Khan Yunis sector and was involved in the operations in which Shalit was abducted in June 2006, which five years later led to Sanwar’s release. ["Palestinians Freed in Shalit Deal Running the Show for Next Prisoner Swap", Haaretz, February 12, 2017]
It goes on to paint a portrait of an unusually vicious personality, even by Hamas' satanic standards:
Palestinians who have met with Sanwar describe him as an extremist, even in the context of his organization, and as someone who speaks in apocalyptic terms about perpetual war with Israel... [For example] the case of Mahmoud Ishtiwi, a Hamas battalion commander in the Gaza neighborhood of Zeitoun who was executed about a year ago. In the past, claims circulated in Gaza about the reasons for his execution, ranging from collaboration with Israel to suspected homosexuality... Ishtiwi’s sister [said] in April 2015, three months after Ishtiwi’s arrest, Sanwar visited the Ishtiwi family at home with Ishtiwi in tow – and Sanwar threatened them with a gun. In February 2016, Ishtiwi was executed... The Hamas leadership said the decision was based on “security and moral reasons.” [An Israeli source however] cites a power struggle within the Hamas military wing. The young battalion commander had accumulated influence and dared to try to undermine Sanwar. So in a highly unusual move, Sanwar decided to get rid of him... [Haaretz]
Sinwar is kissed in 2011 by the man (Haniyeh) he has replaced in 2017
[Image Source]
A Ynet profile today ["Hamas elects new radical leader in Gaza"] says Sinwar
is considered to be ascetic, strong, tough and the possessor of extreme discipline. He distances himself from the media, which accounts for one of the reasons why he is less well known in Israel, despite his key role in Hamas.
It's especially galling (to us at least) how this sociopath was released from behind Israeli bars five years ago with barely a mention of the risks his unwarranted freedom represented.

For instance: Israel Prison Service records, issued at the time the 1,027 Shalit Deal terrorists walked free and which we have filed away, indicate merely that Sinwar - named there as Yihia Ibrahim Hasan Al-Sinwar, יחיא סנואר אברהים חסן, prisoner ID 955266978 - was serving time for
הריגה ; אימונים בנשק ; פעילות חבלנית עוינת ; הסתה
Manslaughter; weapons training; hostile terrorist activity; incitement 
Mild language in the context. No hint, in other words, of the man's distinctive malevolence or leadership role. But today, with Sinwar free, unconstrained and ascendant, the expert assessments start to appear.

This one for example from the Associated Press piece we cited above:
Kobi Michael, a former head of the Palestinian Desk at Israel's Ministry for Strategic Affairs, said Sinwar represents "one of the most radical and extreme lines of Hamas." He described Sinwar as a "bitter enemy" of Egypt who is focused on building Hamas' military capabilities. "The idea that he was elected is a very dangerous and concerning indication of the destabilization of the region," Michael said.
New York Times backgrounder ["Hamas Appoints Hard-Line Militant as Gaza Leader"] quotes Israeli security experts saying Sinwar "had the status of prisoner No. 1" and that he was the "most senior prisoner released, and clearly destined for leadership".

A great pity Israelis weren't told any of this before the Shalit Deal went through and this man was set loose despite the four uncompleted life-terms to which he had been duly sentenced. The prison system surely had some assessments of this thug on its files. They knew him and what the price of letting him loose might entail.

Sinwar comes accompanied with a pair of loyal deputies who likewise are Shalit Deal graduates:
At Israel’s Nafha Prison, Sanwar created a circle of activists who were loyal to him. Two of them, who were released along with Sanwar, are now in key posts in the Hamas security apparatus. Ruhi Mushtaha is in charge of the prisoner portfolio and Tawfik Abu Naim heads the internal security apparatus in Gaza. [Haaretz]
As parents of a child whose murderers - several of them - walked free in the catastrophic Shalit transaction, we wonder when its tragic harvest will be more widely acknowledged. It represents a moment of massive misjudgment which, we fear, will haunt Israel and the Jewish people for years to come.

Some background reading: 
23-Jan-17: Another Shalit Deal outcome, another life sentence, another bereaved family13-Sep-16: Could Israel be about to release convicted terrorists in another deal? • 24-Dec-15: Another terror outrage narrowly averted - and Shalit Deal releasees are again at the heart of the darkness • 11-Dec-15: The price of the Shalit Deal and the countries that help it keep rising  • 27-Nov-15: Our daughter won't be with us today as we remember her birthday23-Aug-15: Do they understand the price of freeing the hunger-striking terrorists?Palestinians freed in Shalit deal killed 6 Israelis since 2014" [Times of Israel, July 20, 2015] • 20-Jul-15: Pausing for a moment to reflect on when we lost our collective senses19-Jul-15: Another catastrophic outcome of the 2011 Shalit Deal27-Nov-14: Hamas terrorist ring is busted; Israel says the handlers operate from Turkey; Qatar is involved • “Ten lessons the Shalit deal taught us”, Frimet Roth, Times of Israel, October 15, 201430-Sep-14: Martyrs and monsters11-Sep-14: Freeing terrorists: The price in human lives lost and in justice perverted keeps getting clearer11-Aug-14: Shalit Transaction revisited: At what point does facing up to the cost of a disastrous decision become unavoidable?23-Jun-14: Quietly, inexorably, almost entirely unreported, the lethal consequences of the Shalit Transaction grow4-May-14: Who cares about justice? About the victims? About truth?16-Apr-14: Capitulating to terrorism and lessons for a people in search of leaders18-Mar-14: Most don't understand what's so terribly wrong about freeing convicted terrorists before they complete their lawful prison sentences27-Jan-14: Finally, they're starting to quantify the outcomes of the Shalit Transaction22-Dec-13: Delving into how those prisoner releases worked out18-Oct-13: Two years after the mass release of killers and other terrorists, a cry of pain22-Sep-13: Quote of the week: A growing understanding of what the Shalit deal has actually cost us27-Aug-13: Justice devalued, lives demeaned, principles cheapened: the high price of freeing murderers25-Aug-13: Wake up call for those who thought the terrorists are walking free for peace27-Jul-13: To defeat the terrorists, what one thing must a government never do?21-Jul-13: In the debate over whether Israel should free convicted terrorists, one key argument is mostly ignored13-Jun-13: Little-known sides to the post-Shalit careers of unjustly released killers10-Dec-12: The Gilad Shalit transaction continues to haunt and endanger us18-Oct-12: The Shalit deal a year later - a personal reflection17-Oct-12: Yediot: "Dozens of terrorists released in Shalit deal arrested by Shin Bet during past year"10-Jun-12: "Prime Minister Netanyahu: Honor the principles of justice and decency on which our nation is based17-Apr-12: Turns out the terrorists freed for Shalit are still doing terrorism. Who would have thought it?19-Oct-11: Haaretz: Shalit prisoner swap marks 'colossal failure' for mother of Israeli bombing victim18-Oct-11: "The statistical likelihood of more murders in the wake of a mass release of terrorists... is a certainty"  • 18-Oct-11: Frimet Roth speaks about our daughter's murderer going free (audio)17-Oct-11: "The public has been given a false sense that there were no other options"17-Oct-11: Releasing terrorists: "The calculation is based on extortion"16-Oct-11: "Do not free my daughter's murderer" (Haaretz today)15-Oct-11: From today's NY Times: "This deal is a disaster"15-Oct-11: Video: The murderer of our child says: "I don't regret anything"20-Jul-11: How the media hijacked the campaign to free Gilad Shalit23-Nov-09: On freeing a monster22-Jul-08: The once and future child murderer