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Netanya judge levies unusually harsh sentence against undocumented Palestinian

Normally, undocumented Palestinians who enter Israel for work receive short prison sentences of several days along with suspended sentences. This time, Judge Tal Ostfeld-Navy handed out a six-month sentence with four months suspended and two months behind bars, and a fine of NIS 1,500 ($465).

by  Yaron Doron
Published on  04-17-2022 12:12
Last modified: 04-17-2022 13:29
Cabinet decision to build security wall ignores diplomatic ramificationsOren Cohen

A large hole in the security fence near Rosh Ha'ayin | Photo: Oren Cohen

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A Netanya Magistrate's Court judge took an unusually hard stance on Thursday, sentencing an undocumented Palestinian, who had entered Israel illegally to find work, to six months in prison.

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The judge explained that she issued a harsh sentence due to the present security situation, and even criticized the light punishments that courts have historically levied against undocumented Palestinians in Israel.

"The time has come for the courts to express their disgust and lend a hand to eradicating the phenomenon of illegal entry into Israel, certainly in this tense and difficult time, and protect the innocent citizens of the country," Judge Tal Ostfeld-Navy wrote in her ruling.

Normally, undocumented Palestinians who enter Israel for work receive short prison sentences of several days along with suspended sentences. This time, as stated, Ostfeld-Navy handed out a six-month sentence with four months suspended and two months behind bars, and a fine of NIS 1,500 ($465).

The harsh sentence was issued to Hamza Abu Ahmed, 41, who was arrested by Netanya police officers on April 4 without a work permit.

In pressing for a harsher sentence, Sharon District prosecutor, attorney Shachar Yaari, noted that Ahmed was convicted in 2004 of a security offense and was sentenced to 17 months in prison.

Ahmed's defense attorney asked the court for leniency and to suffice with the 10 days he has already spent in custody. "We're talking about someone who entered solely for the purpose of earning a wage. This was the defendant's first time entering [illegally] for the purpose of earning a living," the lawyer argued.

As for his client's criminal past, he said: "It's an old offense. Since then, he hasn't been involved in criminal activity or security offenses. We are in the midst of the [Muslim holy month of] Ramadan, and it's important the defendant be with his family."

Ostfeld-Navy added in her ruling that "through his actions, the defendant infringed on the country's right to choose who enters its gates. The defendant entered Israel in between terrorist attacks, while right before his entry the country experienced a vicious terrorist attack perpetrated by an undocumented Palestinian who also had an 'old security offense' on his record."

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