Channels

Photo: AP
Jonathan Pollard
Photo: AP
Photo: Yossi Weiss
Retired Judge Micha Lindenstrauss
Photo: Yossi Weiss

Lindenstrauss: Pollard's right to fair trial violated

In special report, most of which will remain classified, State comptroller surveys treatment of Israeli governments over the years given to American spy for Israel, who has been imprisoned in US for 24 years for espionage. According to Lindenstrauss, Israel acted 'continually and consistently' for his release

"The Pollard issue challenged the prime ministers of Israel. Their actions were continual and consistent, and the issue was brought up in their meetings and conversations with US presidents," according to a special report published Thursday by State Comptroller, retired Judge Micha Lindenstrauss.

 

The report stated that there was "a likely violation of Pollard's right to fair legal proceedings". A majority of the report on "the actions of Israeli governments to release Pollard" will remain classified due to the topic's sensitivity. Only the executive summary is cleared for publication.

 

Jonathan Pollard has been imprisoned in the US since November 1985 for spying for Israel. In 1995, he was granted Israeli citizenship and was recognized as an agent that worked in service of Israel in 1998.

 

During his research of the subject, Lindenstrauss and a small team established within his office met with past and present prime ministers, cabinet ministers, State officials, and Pollard's legal counsel. The state comptroller also met with Pollard's father, Prof. Morris Pollard.

 

Lindenstrauss also consulted with American criminal law expert Kenneth Mann and asked him to prepare a professional legal opinion on Pollard's trial.

 

The comptroller's report found that there was consistent and strong opposition to Pollard's release emanating from American administrations throughout the ages that was backed up by stiff opposition within the US intelligence community, which claimed that Pollard's release was against US security interests.

 

'We owe him'

While the report shows that Israeli cabinets acted persistently to secure Pollard's release, Lindenstrauss took issue with the fact that none of the conversations between Israeli and US leaders were documented, something which he sees as a serious and significant deficiency. Lindenstrauss recommended in his report that such meetings be documented in the future and that after-action reports be prepared following such meetings detailing decisions made and actions taken.

 

"These documents were include collective insights from actions taken for the release of Pollard and will provide common ground for understanding and an outline for future actions," wrote the comptroller.

 

Lindenstrauss found that there were official contacts between Israel and US government officials and congressmen before the US judicial system in order to influence the decision to pardon Pollard. However, these efforts have thus far been to no avail.

 

Lindenstrauss recommended presenting the issue to a small ministerial committee that would include the foreign minister, the defense minister, and the justice minister in order to coordinate actions to be taken and to create a common language for Pollard's release.

 

Lindenstrauss said, "The prime minister and his cabinet must take every possible step to secure Pollard's release. The State of Israel owes Pollard the commandment of 'redeeming prisoners' and it is best sooner rather than later given his unstable health."

 


פרסום ראשון: 09.03.09, 13:00
 new comment
Warning:
This will delete your current comment