Fatah operative jailed for pre-Oslo crimes

Ursan As'ad, an Israeli Arab, moved to Lebanon and planned terror attacks that never materialized, but justices say deterrence must be considered because peace not yet attained. Dissenting opinion: Reduce 7-year sentence because he backs peace process

Aviad Glickman|Published: 01.24.12 , 19:58

The Supreme Court on Tuesday rejected an appeal filed by a 60-year-old Fatah operative who was convicted in 2010 of aiding the enemy during wartime and conspiracy to aid the enemy.

Ursan As'ad, an Arab Israeli from the village of Iksal near Nazareth, was sentenced by the Nazareth District Court to seven years in prison for offenses he committed in the early 1990s, before Israel and Fatah's leadership signed of the Oslo Accords.

In 1971, at the age of 18, As'ad moved to Lebanon and joined Fatah. He also worked for the movement in Syria, Tunis and Algiers. According to the indictment, before the Oslo agreement As'ad had a key role in Fatah's terrorist activity against Israel, including intelligence gathering, the recruitment of other Arab Israelis and sending terrorists to carry out attacks against Israeli targets in the Jewish state and abroad.

He was arrested upon his return to Israel some four years ago. The indictment was filed in 2009.

In his appeal, As'ad claimed Fatah members of his stature who had "blood on their hands" were not prosecuted following their return to Israel after the Oslo agreement. He said that since the agreement he has promoted peace and even aided the Shin Bet security service.

However, Justices Edna Arbel and Yitzhak Amit, who wrote the majority opinion for the court, said, "Bombs that were planted in various locations in Israel but luckily did not explode threatened the lives of civilians."

The judges said Israel's deterrence must also be considered. "Had peace already been achieved and terror was no longer a threat to the streets of Israel – we may have taken this into account. But since we have not reached this utopia, and acts of terror still threaten the State of Israel – we must take this into consideration when handing down the sentence."

They said As'ad would have faced an even harsher sentence had he not been an advocate of the peace process in recent years.

In his dissenting opinion, Justice Salim Joubran said As'ad should be sentenced to only three years in prison. He said the court must take into account that Fatah is no longer a terror organization but an organization that "Israel has held peace negotiations with and has conducted diplomatic and economic talks with."

The judge said the sentence must be reduced "also due to the fact that As'ad had voiced his support for the peace process even before he returned to Israel and because he helped Israeli POWs during the Lebanon war."