Hamas parliament speaker to be freed
Dr. Abdel Aziz Duwaik, who was seized by IDF in wave of arrests following Gilad Shalit's abduction, to be released from prison after military court denies prosecution's appeal to aggravate his sentence
The panel of judges, headed by Colonel Aharon Meshinot, rejected the prosecution's request to extend Duwaik's prison term from 36 months to 42 months.
Duwaik, 61, was arrested by the Israel Defense Forces in Ramallah in August 2006. A Duhifat battalion force encircled his home and arrested him.
The Military Prosecution explained that Duwaik was a senior Hamas member and that there was a link between his role and the punishment he was meant to receive, compared to other parliament members from his movement.
The prosecution noted that Duwaik's desire to work for the Palestinians was positive, but noted that he should do this through legitimate means rather than through connecting with terror elements. "We expect such a senior person to act legally," the prosecution told the court.
Duwaik's defense counsel said that his client's role was symbolic, like the president of the state, and that he hardly had any authorities. He also raised the medical issue, saying that his client found it difficult to sit in a military prison due to his medical condition.
The judges noted that after weighing both sides' claims and in light of Duwaik's unusual circumstances, particularly his age and medical condition, they had decided to reject the appeal. They said they would release the reasons for their decision at later stage.
Duwaik's arrest followed a series of failed attempts to seize him, as part of a wave of arrests of most Hamas leaders in the territories following the abduction of Israeli soldier Gilad Shalit. He is considered one of the most senior politicians arrested.
Duwaik, a geography professor, was elected as the Palestinian parliament speaker on behalf of Hamas in February 2006. In December 2008, following his arrest, he was convicted of being a member of a terror organization.
The military court sentenced him to three years in prison, two years probation and a NIS 5,000 (about $1,263) fine for his membership in Hamas.
Gilad Shalit was kidnapped into the Gaza Strip 1,088 days ago.
Ali Waked contributed to this report
