Court lets state seize ‘pay for slay’ funds from terrorist prisoner

The Defense Ministry said that the incident was in October 2005 and took place in Hadera with Omar helping transport the terrorist.

Money seized by the police and Shin Bet from a terrorist's family in east Jerusalem (photo credit: COURTESY ISRAEL POLICE)
Money seized by the police and Shin Bet from a terrorist's family in east Jerusalem
(photo credit: COURTESY ISRAEL POLICE)
The Defense Ministry announced on Monday that a court has endorsed its seizure of “pay for slay” funds to a prisoner who aided a terrorist killer of six Israelis in 2005.

The Tel Aviv District Court decision was handed down on Sunday but announced on Monday, ruling that a new 2016 anti-terror law permitted seizing the funds in order to deter terrorism.

“Pay for slay” is the controversial practice by which the Palestinian Authority pays funds to Palestinian terrorist prisoners who took action against Israelis, as well as to their families. Israel and the US have both passed legislation against the practice, but the PA defends it as supporting families who have often lost their main wage earner through no fault of their own, or as being necessary to keep prisoners from changing their loyalty to Hamas.

A lawyer for the prisoner, Mansur Omar, initially opposed the seizure with a petition to the court to block it, but withdrew it after the court warned failure to withdraw could lead to both a negative ruling and court costs.

Omar’s lawyer had complained that the seizure of funds was based on classified intelligence which he was not allowed to see and which left him unable to properly rebut any claims against his client of even any indirect connection he might have to terrorism.

However, following a closed-door hearing, in which the Defense Ministry presented the full intelligence information to the court only, it said that the evidence was extremely convincing and that the seizure was proper.

The ministry said that the terrorism incident was in October 2005 and took place in Hadera, with Omar helping transport the terrorist.

Defense Minister Benny Gantz praised the decision, saying that “my intention is to move forward with a variety of processes using the division for combating terror [within the Defense Ministry] to block the transfer of funds to terrorists and terror organizations.”

While Gantz noted that the program was a long-standing Defense Ministry program, Palestinian Media Watch lawyer Maurice Hirsch took issue with what he said was a lack of aggressiveness from Gantz on other fronts relating to “pay for slay.”

Likewise, Hirsch and other NGOs have criticized both Prime Minister Benjamin Netanyahu and the IDF West Bank courts for the same lack of aggressiveness on issues from offsetting pay for slay by seizing PA customs taxes to  issuing compensation awards against terrorists which are less than the pay for slay funds the PA pays those same terrorists.