Criminal Proceedings Still Pending Against Palestinian Citizens of Israel Released in Captive Exchange with Hamas
Tonight (30 November), Israel is expected to release eight Palestinian women citizens of Israel, who were detained after 7th October for posts on social media. These women join five others who were released last night, all as part of the captive exchange deal it reached with Hamas. Lawyers representing at least five of the detainees have expressed their clients’ wish not to be included in the swap, via motions to the courts or letters to the relevant authorities. Detainees were released last night without any terms, while prosecutors notified the courts that despite the release, the criminal charges remain pending.
On 28 November 2023, the Israeli government decided to expand the list of potential Palestinian prisoners eligible for release under the Hamas-Israel captives exchange agreement to include an additional 50 Palestinian women, the majority of whom were detained after October 7th, and were not convicted of any crime. Out of the 50 women, 16 are Palestinian citizens of Israel who face allegations solely for their social media posts, which the state alleges to be incitement and/or support for terrorism. They have not gone to trial, nor have they been convicted, and in some cases, no indictments have even been filed against them.
This governmental decision comes against the backdrop of an unprecedented wave of arrests of Palestinian citizens of Israel, led by the far-right extremist Minister Ben-Gvir, aimed at cracking down on their dissent. Shortly after the government's decision was announced, the Technion (Israel Institute of Technology) publicly declared that a student, whose name appears on the list and was released yesterday, 30 November, would not be permitted to resume her studies at the institution if she is released. This move highlights how the government's decision has severe ramifications for these young women, and that their mere inclusion in the prisoner exchange deal serves to label them as enemies of the state. The criminal proceedings initiated against these Palestinian women are groundless from the outset, and these women are legally presumed to be innocent. Their release without their consent or agreement, or that of their families, and without the Attorney General declaring their innocence or immediately dismissing their indictments, constitutes a severe violation of their presumption of innocence, absurdly marks them as “terrorists”, and may significantly stain their future.
Lawyers representing at least five of the detainees who were released yesterday and who are expected to be released tonight, have raised objections to their inclusion in the captive exchange list. These objections include an appeal submitted to the district court, letters to the state attorney's office and to the attorney general, and presenting arguments before the courts. Some of these communications also sought urgent clarifications regarding the legal ramifications of the release. Questions include whether criminal proceedings against them would remain pending, whether they would face re-arrest, or whether the indictment was dismissed. As of now, to the best of Adalah’s knowledge, none of the lawyers or their clients have received responses, and the legal situation regarding their criminal status remains uncertain.
Among the detainees expected to be released tonight is a 21 year-old-student represented by Adalah, who was indicted on 13 November for alleged social media posts, under Article 24 of Israel's 2016 Counter-Terrorism Law. The state requested that she be detained without bond until the end of trial. Despite her objection to being included in the deal, as communicated to the relevant authorities via letters sent by Adalah, her name was included in tonight's list of detainees to be released. In a letter dated 28 November, addressed to Israel's Attorney General and State Attorney, Adalah attorney Nareman Shehadeh-Zoabi, who is representing her, reiterated her opposition and requested clarification regarding the details of the release and the legal implications surrounding it. No response has been received.
Adalah commented:
“Despite explicit requests from some detainees not to be included in the captive release deal with Hamas, Israel continues to release Palestinian young women, citizens of Israel, who were arrested for social media posts after October 7. They are included in the exchange deal despite the fact that they have not been convicted, and in some cases, not even been indicted. The legal status of the criminal proceedings opened against them remains unclear, as there has been no response to inquiries from their lawyers. Thus, these women, arrested as part of a politically motivated crackdown led by the far-right extremist Minister Ben Gvir, are being used as bargaining chips and are part of a process imposed on them that might have significant ramifications and fuels incitement against them. At the same time, these women did not receive any assurance that the cases against them will be dropped. The criminal proceedings initiated against these Palestinian women are groundless from the outset, and therefore, they must be promptly released outside of any political agreement, with all charges dropped.”
