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May 28, 2004/Sivan 8 5764, Vol. 56, No. 36
Barghouti conviction could foretell Arafat trial
GIL SEDAN
Jewish Telegraphic Agency
Jerusalem - When Israeli authorities chose to put Fatah leader Marwan Barghouti on trial in a criminal court rather than a military tribunal, prosecutors may have set the stage for an even bigger prize: Yasser Arafat.
That possibility was given a boost last week with Barghouti's conviction on five counts of murder, for Israelis killed in ambushes conducted by the Al-Aksa Brigade in 2001 and 2002.
Barghouti, the West Bank leader of Fatah - the political faction of the Palestinian Authority leader - was acquitted on 21 other counts of murder for lack of evidence.
Both outcomes bolstered the argument for putting Palestinian terrorists on trial in regular Israeli courts rather than in military courts, where the standards of evidence are not as strict.
Barghouti's conviction shows there is sufficient evidence to put terrorists behind bars using standard criminal procedures, and his acquittal on the other counts lends legitimacy to the argument that even Palestinian terrorists will get fair trials in Israel.
Some said the Barghouti trial set a precedent that one day could be applied to Arafat as well.
Though the trial served as a legal extension of the Israeli-Palestinian battleground, Israelis insisted that the trial was fair and that Israeli judges do not function as rubber stamps for Israel's security establishment - as evidenced by Barghouti's acquittal on most of the charges.
The Tel Aviv court is due to sentence Barghouti on June 6.
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