OCCUPIED JERUSALEM, 11 December 2002 — A Palestinian court yesterday ordered the release of Fuad Shubaki from prison after acquitting him of arms smuggling charges. Shubaki, a former aide to Palestinian leader Yasser Arafat, was jailed in May as part of a deal to end Israel’s siege on the Palestinian leader.

The decision to release Shubaki is subject to approval by Arafat, although the court’s decision that he was not linked to the Karine A smuggling affair cannot be appealed, a Palestinian official said.

Another Palestinian official said Shubaki was arrested "for political reasons" and would not be released now. "It is impossible to release him now because Israel would attempt to kill or arrest him," he said.

Israeli government spokesman Avi Pazner said: "They cannot release him." "His imprisonment is the result of an agreement between us, the Palestinian Authority, the United States and Britain. To release him, approval of all three will be necessary. We think he should stay where he is," Pazner said.

Arafat’s Palestinian Authority (PA) gave similar reasons earlier this year to block the release of Popular Front for the Liberation of Palestine leader Ahmed Saadat, jailed at the same time over the assassination of an Israeli Cabinet minister.

Shubaki was accused by Israel of attempting to smuggle more than 50 tons of arms and explosives into the Gaza Strip last January. Shubaki was jailed in the West Bank town of Jericho under US and British supervision in a deal to end Israel’s five-week siege of Arafat’s Ramallah base in May.

Shubaki’s lawyer, Hussein Al-Shukhi, said he would suggest Arafat keep Shubaki inside his Jericho compound but not as a prisoner. Shukhi said in August that a commission of inquiry set up by Arafat had found his client not involved in the smuggling and recommended his release, which the high court finally approved four months later.