In June before the transfer of Jewish families from Gush Katif, the Harel (Levenstein) brothers, Mordi and Elizur, along with a third companion, placed old cars adjacent to the Tel Aviv-Jerusalem Highway with the intention of setting fire to them to call the attention of drivers to their opposition to the pending evacuation. Before they carried out this intention, they were arrested by the Shabak.
During the interrogation the Harel brothers invoked their right to remain silent. Their companion, however, gave evidence incriminating them.
In spite of the fact that their plan was not carried out, they were accused of the most serious crime possible, that of endangering the lives of persons using public transportation facilities, for which there is a possible sentence of 20 years imprisonment.
They were in jail for seven months, followed by house arrest but have been free for the past 6 months. Their companion received two years in prison as part of a deal struck with the prosecution for turning state's witness - a sentence that the Harel brothers requested for themselves and were rejected.
During Chanukah of this year, the brothers were charged in court with the serious offense and the court asked that they be held until the end of the court proceedings, a request honored by the Supreme Court.
Mordi Harel learned at the Ramat Gan Yeshiva siimultaneously with his job as general secretary of several hilltop villages in the Shiloh area for three years. He then served as secretary for Homesh and works now in a yeshiva near the community of Kedumim. Prior to the Gush Katif evacuation, he lived in Homesh.
Elizur, married and father of one, learned in the Kollel at Elon Moreh and worked at a nearby farm.
Regardless of differing opinions as to the legitimacy of their intended action, it is clear that it was to call attention to their opposition to a political action and with no intent to harm anyone. Furthermore, the prosecution has made it clear that even they feel that there is a good chance for an appeal since there are many contradictions in testimony and holes in the case. Yet, the court refuses to vacate its order that the two be held until the close of legal proceedings, which may take years.
Ironically, the Knesset has passed a law providing a pardon for most of those charged with various activities expressing their opposition to the Gush Katif uprooting. But apparently someone feels that the Harel brothers' action was the most serious as it is one of the very few still open.
It is hard to see the Harel case as anything other than a cynical political use of the court system against right wing activists willing to make great personal sacrifices for Eretz Yisrael.
At this time when IDF soldiers are being wounded in significant actions against terror bases in the Gaza Strip and there is a continual rain of kassam rockets on Sderot and the kibbutzim of the western Negev, when the vast majority of Israelis acknowledge the mistake that the evacuation of Jewish families from Gush Katif turned out to be, vengeful punishment is still the order of the day in the court system.
