“Red lines are about to be crossed,” Palestinian prisoners being released [archive] (Photo credit: AP)

The government on Wednesday asked the High Court of Justice to reject a petition filed by the families of terror victims against the slated release of Palestinian prisoner, as part of renewed peace talks with the Palestinians.

Israel has agreed to release 104 security prisoners who were jailed prior to the 1993 Oslo Accords, as a goodwill gesture to the Palestinian Authority. The prisoners, some of whom are considered “heavyweight terrorists,” will be released in four groups, according to the progress made in the negotiations. The first group is slated to be released next week.

The petition, drafted by Attorney Naftali Wertzberger for the Almagor Terror Victims Association, was filed against the state, Attorney-General Yehuda Weinstein the government’s legal counsel and the Justice Ministry’s Amnesties and Pardons Department, demanding to know why they chose not to prevent the release of terrorists in question.

“The criteria for releasing terrorists as set during the Oslo Accords and in the deals that were made by all Israeli governments that followed state that anyone who has Israeli blood on their hands will not be eligible for release, and further demands they the [prisoners] who are released sign a pledge not to return to terror. The blank check the government has given the ministerial team [in charge of the prisoner release] means that these red lines are about to be crossed,” Wertzberger wrote in the petition.

“When releasing prisoners who were sentenced by the courts, especially for being involved in man kind’s worst crimes, including deliberate attacks on civilians, women and children, terrorist acts and war crimes—the importance of diplomatic considerations should pale in comparison to the severity of the moral and ethical blow presented by the prisoners’ early release.”

The state’s rebuttal, which asked the court to deny the petition, stressed that “the pain and sorrow of the families who lost their loved ones in terror attacks is understandable and touching. Unfortunately, the petitioners have paid the ultimate price of terrorism and the state has no way to heal their grief. The bereaved families’ position with regards to releasing prisoners was brought forth and will be brought up again before the presiding bodies to be weighed upon in future decisions.

“The issue raised in the petition is at the heart of the current diplomatic effort between Israel and the Palestinians. The High Court avoids interfering with these issues, and in the past numerous petitions to prevent prisoner releases’ were rejected,” the state’s motion read.

The state further asked the court to render a ruling as quickly as possible, saying that the ministerial team authorized to rule on the prisoners’ release is set to convene in the coming days, and the first stage of the prisoner release will take place shortly thereafter.

The state noted that the ministerial team has drafted the list of which prisoners will be released at which stage, and if the negotiations do not progress, the team can opt not to release more prisoners at later stages.