Court denies petition to annul commute of Danny Katz murderers' sentence
High Court finds no grounds to overturn presidential decision to commute sentence given to the five convicted of murdering 14-year-old Katz in 1983; rejects family's petition citing president's 'unique authority' in matter
A three-judge panel of the High Court of Justice rejected Monday a petition filed by the Danny Katz family to overturn a decision made by President Shimon Peres to commute the sentence given to their son's murderers.
Fourteen-year old Danny Katz was found murdered in December of 1983 in a cave near the Israeli Arab village of Sachnin. In 1985 the Haifa District Court sentenced Ahmed Kuzli, Samir Janama, Fathi Janama, Ali Janim and Aatef Sabihi of the kidnapping and murder of Katz based on their confessions. All five have since recanted their confessions, citing they were taken under duress.
The decision to commute the five's sentence was one of the first made by Peres. The family was enraged by the decision and promptly filed a petition to crush the presidential decision.
Justices Yoram Danziger and Uzi Fogelman denied the petition, while Justice Edmond Levy said he believed the case should be returned to the Israeli Prison Service parole board, but added that since the president has already rendered his decision the petition should be denied.
"We are aware of the plaintiffs' pain," said Judge Fogelman. "Time gone by has not diminished this horrible crime, which took the life of a young boy, who had yet to experience life; but the court has no choice but to take into consideration the president's unique authority to commute a prisoner's sentence."
The court, he added, found no legal ground to interfere or overturn the presidential decision, which is essentially protected by Basic Law: The President of the State.
Katz's brother: Peres a two-faced president
Justices Yoram Danziger agreed with Judge Fogelman, but Justice Edmond Levy reminded the court that two members of the special parole board assigned to review cases involving prisoners sentenced to life terms, have recommended the five's sentence be reduced to 30 years.
It is entirely possible that the parole board maid the wrong decision, noted Judge Levy, "but at the end of the day, their recommendation remains intact."
"This is a disgrace," Danny Katz's brother Amnon said in response to the court ruling.
Talking to Ynet, the bereaved brother said that "Peres have been revealed as a two-faced president. On the one hand, he tells the public that he was only the rubber stamp of a professional committee, and on the other hand, they say that the president has already signed and that there is nothing left to do.
"If the president was a human being and really wanted to do this, he would go back on his decision and ask the committee to reconsider the issue. This is a very bad and dangerous precedent. We are paying the price for the president's political debts."
