A Bird's Eye View of the New Pollard Submission
October 12, 1999
The following is the full text of the Conclusion of the latest Pollard submission to the Israel Supreme Court of Justice.
This section provides a vivid snapshot of both the current petition that is before the courts and of the last 15 years of Pollard's fight for
freedom in the face of both the indifference and out-right sabotage on
the part of Government officials who are in fact responsible for
securing his release.
A 15 Year Old Injustice that Screams to the Heavens
Sets A Dangerous Precedent That Threatens All Those Who Serve the State
Anyone not familiar with this case who reads the respondent's response might think that this is the petitioner's first year in prison instead of his 15th. His health is failing. Each additional day that he spends in this hostile environment puts his life at risk.
Every Israeli citizen with a conscience must ask:
- Why is the petitioner an Israeli agent still in prison, in the hands of Israel's closest ally, after 15 years?
Why is there no urgency in either the response or the actions of the respondent after 15 years?
Why does the petitioner continuously have to file appeals in Supreme Court to get the basic relief that is owed to him as a matter of course as an Israeli agent?
If the respondent is making all the efforts that he claims that he is, why are there no tangible results after 15 years? No evidence of any progress?
Why has the respondent completely cut all contact with the petitioner?
Why did respondent ignore 15 separate requests from the petitioner for contact and for information until the petitioner finally filed a petition in Supreme Court?
Why did the respondent appoint a committee head only after the petition was filed? Additionally, why did the respondent appoint someone to the task who is so unsuitable that he resigned from the same job 2 years ago?
Why does respondent refused to recognize the petitioner's right to choose his legal representation and refuse to fund his legal expenses?
- Why has the respondent shamefully allowed the situation of the petitioner - an Israeli agent - and his wife, to deteriorate to the point of extreme financial distress?
- Why has the respondent made absolutely no effort whatsoever, past or present, to defend the petitioner against the endless false charges made by American officials in the media?
- Why has the respondent handed over to the Americans the documents that were used to incriminate the petitioner - an Israeli agent - but refuses to release the documents that would clear him of false charges?
The speedy rescue of an Israeli agent which was promised to the petitioner, and which should have occurred in a relatively short time as is usual, has already dragged on for 15 years. The petitioner's long and drawn out incarceration has set a dangerous precedent whereby the Government allows itself to pick and choose which agent/soldier will be immediately rescued and which agent/soldier will be left in the field to languish indefinitely.
The respondent's deliberate evasion of his responsibility to the petitioner, particularly in light of the fact that the petitioner has already served 15 years in prison as an Israeli agent, is an both an affront to the moral conscience of the State of Israel, and its badge of shame. It is now up to the honored Supreme Court to correct this distorted and immoral precedent that threatens all those who serve the State, and who rely on the State to rescue them in time of need.
The honored court is therefore requested to respond to this request and order an emergency session to hear this petition and to grant a conditional judgment.
Baruch Ben-Yosef, Esq.
Attorney for the petitioner