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August 26, 2016 / 22 Av, 5776

Posts Tagged ‘court’

Rightwing Academics Petition Supreme Court over Waqf Harassment on Temple Mount

Friday, August 19th, 2016

The group Professors For a Strong Israel and NGO Regavim have petitioned the Israeli Supreme Court asking that the court order the Prime Minister and the Interior Security Minister to act to quash the systematic provocations carried out by the Waqf staff against Jewish visitors on the Temple Mount. The appeal says the Waqf has hired dozens of new “guards” who follow Jewish groups as they walk around the Temple Mount compound, taunting and cursing them, taking their pictures and even rubbing against them intentionally, all in an effort to intimidate the visitors.

Prof. Ronen Shoval, chairman of PFSI, told Israel Radio Friday morning that “there has been a disproportionate increase of the number of Waqf personnel on Temple Mount. Their presence there is not passive, they’re there to look for frictions, in a manner that assaults the fundamental rights of Jewish visitors on the Temple Mount.”

“It’s become a form of abuse, and invasion of privacy,” Shoval added. “Not only is ascending to the Temple Mount being made [needlessly] complicated and difficult, limiting the time and length of visits, but once they’re up there, the Jews who ascend to the Temple Mount are actually being persecuted.”

“Unfortunately there’s no place in all of the Land of Israel where a Jew is feeling more in exile than on the Temple Mount,” Shoval concluded. “All the Jews who go up there suffer persecution by the Waqf personnel.”

JNi.Media

Court Rejects Pollard Appeal of Parole Terms

Friday, August 12th, 2016

Convicted Israeli spy Jonathan Pollard, 62, who was released on parole last November on Thursday lost his appeal to ease his stiff probation conditions. Pollard served out a 30-year sentence, the longest prison term imposed on a spy from a friendly country in US history. Manhattan federal judge Katherine Forrest rejected Pollard’s request to ease his release requirement to wear an electronic tracking device and to have his computer be monitored by the authorities.

Pollard’s attorneys told the court their client was not a flight risk and that whatever secrets he knew of thirty years ago couldn’t possibly have any value to anyone. In addition, they said the arbitrary required for monitoring his computer meant Pollard couldn’t get a job with an investment firm.

The judge cited the facts that Pollard received an Israeli citizenship while behind bars meant that he was a flight risk, and a letter from James Clapper, the director of US National Intelligence, stating that the secrets Pollard learned in the 1980s were still secrets today.

David Israel

Rachel Freier For Civil Court Judge In Brooklyn

Wednesday, August 10th, 2016

The Jewish Press enthusiastically endorses Rachel (Ruchie) Freier for civil court judge in Brooklyn’s fifth judicial district, which includes Boro Park, Kensington, Midwood, Ocean Parkway, and 21 other Brooklyn neighborhoods. If elected, Ms. Freier would be the first chassidic woman judge in New York and in the United States. She seeks to fill the civil court seat vacated by Noach Dear, who recently was elected to the New York State Supreme Court.

Ms. Freier practices law from her Brooklyn and Monroe offices. She’s licensed in New York, New Jersey, and the District of Columbia and has practiced in both the private and pro bono sectors. She has a broad range of experience in contracts and closings, transactional law, litigation, corporate law, trust and estates law, family law, and personal injury law.

Ms. Freier founded B’Derech – a GED program for chassidic young men to help them get back on the “derech.” She is also the director of Ezras Nashim, the first all-female volunteer EMT corps, which responds to emergency calls from women.

Ms. Freier holds an advanced EMT license and completed a full year of training in Northshore LIJ (now Northwell). Her medical training as a paramedic gave her a better understanding of statutes and case law related to personal injury, trauma, and vehicular accident matters. In the course of her career Ms. Freier has gained a broad perspective on public advocacy, emergency medicine, and public health law.

Ms. Freier’s activism stems from her admiration for Sarah Schenirer, the pioneer of the Bais Yaakov movement. Her election to the civil court would be an inspiration to all frum girls, from chassidic as well as non-chassidic backgrounds.

The election will be held on Tuesday, September 13. We urge all our readers in the fifth judicial district to go out and vote and put an extremely talented young mother – who will make us proud – on the civil court bench in Brooklyn.

Editorial Board

Court Siding with Terrorist’s Families who Refuse Police Conditions for Releasing the Bodies

Wednesday, August 10th, 2016

Last week the Israeli Supreme Court issued a decree to show cause against the state prosecution, to explain why it would not release for burial the bodies of terrorists who committed violent crimes in Israel. Recently the Netanyahu government has adopted a policy whereby those bodies are not released automatically and are being kept at the Institute of Forensic Medicine in Abu Kabir.

This renewed demand by the high court came following an earlier ruling where the court had ordered the bodies of terrorists be released in exchange for families’ commitment to conduct quiet funerals, without anti-Israeli incitement. The judges approved of the requirement seeing as the hearing was held during the holy month of Ramadan, when Arabs have customarily expressed their religious feelings through rioting in the streets and throwing stones and firebombs at innocent civilians.

But the reality of those cases has been a complete reneging of every commitment made by the families in almost every instance. A funeral that was conducted for terrorist Ala Abu Jamal from Jabel Mukaber, who carried out a bloodthirsty attack on Malkhey Israel Street in downtown Jerusalem, quickly deteriorated into a massive riot. As Internal Security Minister Gilad Erdan later put it, “The terrorist families simply lied to the high court. It’s a shame that the court chose to believe them and pressured police to hand over the bodies before Ramadan.”

Interestingly enough, the terrorists’ families are using exactly that argument in their newest appeal to the high court, saying that since Ramadan is long over, there’s no more justification to release the bodies. Essentially, the Arab petitioners are saying that Arab funerals have always been huge and riotous, rife with incitements against israel, so why stop now?

According to NRG, Jerusalem Police this week approached the family of Baha Alyan, who carried out a murderous attack on a bus at the Armon Hanatziv neighborhood, to negotiate the body’s release. Police offered to hand over the body in exchange for a late night funeral, with only 15 people present. The family eventually refused those terms and police pulled back their offer.

David Israel

Terrorist in Failed Light-Rail Attack Arraigned in Jerusalem Court

Tuesday, August 2nd, 2016

By Michael Bachner/TPS

Jerusalem (TPS) – Israeli police on Tuesday afternoon revealed details of an attempted attack on Jerusalem’s light rail that was foiled by security forces two weeks ago.

The suspect, 21-year-old Ali Abu-Hasan who is a Palestinian Authority student of civil engineering in Hebron, infiltrated into Israeli-controlled territory with pipe bombs and a knife. Abu-Hasan intended to carry out the attack on July 17 in what he claimed would be response to visits by Jews and non-Muslim tourists to the Temple Mount complex.

The details of the foiled attack had been under a gag order so as to prevent any interference in the investigation, which was carried out in collaboration with the Shin Bet (Israel Security Agency). The details were published after the investigation was completed.

Abu-Hasan revealed under questioning that he had entered Israeli-controlled territory two days before his arrest by crossing through an olive grove near the Arab neighborhoods of Sur Baher and Jabel Mukaber in Jerusalem. He then changed his clothes and shaved his beard, leaving a goatee so as to blend in with the Israeli population.

The police said that the suspect prayed at a nearby mosque on the morning of July 17 and boarded a bus heading to Jaffa Street, a major Jerusalem street in the city’s center along which runs the light-rail train.

According to the investigation, Abu-Hasan decided that the light-rail would be the best target for a terror attack, since it is frequently crowded with pedestrians. Security guards noticed and became immediately suspicious of Abu-Hasan as he stood near the light-rail stop with his backpack, which contained the pipe bombs and explosives.

The light-rail security guards closed off the area and called in police bomb technicians to investigate Abu-Hasan’s backpack. They discovered three pipe-bombs tied together and dipped in rat poison with nails and screws glued onto them. Two knives and a mobile phone were also discovered in Abu-Hasan’s backpack.

Abu-Hasan claimed that he acted alone without organizational help and that he had been planning the attack for a long time. He purchased the equipment and materials needed to assemble the pipe bombs and learned about how to make them as well as to how to maximize their potential impact. He also tested the pipe bombs several times by detonating them.

Before heading to Jerusalem, the terrorist left a will in the hands of his friends at his university in Hebron, asking them to give it to his parents.

Abu-Hasan was arraigned on Tuesday at the Jerusalem Magistrates Court and has been charged with attempted murder, weapons manufacturing, and conspiracy to commit a crime. The court extended his remand until August 5.

TPS / Tazpit News Agency

Military Court of Appeals Critical of Administrative Restrictions of Jews without Hearings

Tuesday, August 2nd, 2016

The President of the Military Court of Appeals, Judge Col. Netanel Benisho, leveled sharp criticism at the IDF Central Command for issuing dozens of administrative restriction orders against Jews over the past year.

In July, Judge Col. Benisho ruled on an appeal filed by legal aid society Honenu Attorney Menasheh Yado regarding an administrative restrictive order served by the GOC of the Central Command against a Jewish youth residing at Givat Baladim, a hilltop community adjacent to Kochav HaShahar in the Binyamin region. The youth was banned from entering Judea and Samaria, except for Kiryat Arba, which meant he was prevented from tending his flock which he keeps in the area of Kochav HaShahar. The duration of the order was extended after it had expired once, which was the reason for the appeal.

More than 50 administrative restriction orders were issued by the GOC of the Central and Home Front Commands over the past year against Jewish youths.

Judge Col. Benisho accepted Yado’s argument that the Central Command systematically withholds the right to a hearing before serving the administrative orders against Jewish subjects, and called on the authorities to make sure that the right to a hearing is observed.

The right to a hearing is granted by law and may be revoked only under unusual circumstances, when an individual poses an immediate danger. Attorney Yado argued that the unusual had become the rule and the Central Command admitted that not one of the Jews who had been served with an administrative order over the past few years had received the opportunity of a hearing before the order was served, including in cases of extending an existing order.

Judge Col. Benisho wrote in his decision that “the commanding officer must be conscientious in granting [detainees] the opportunity to plead their case, prior to serving them with restriction orders, unless there is significant cause to grant this right only after the order has been served. … Closely adhering to the above-mentioned guidelines is especially advisable when dealing with the extension of an order, as it is in this case. In such situations it is reasonable to assume that the suspicions raised by the representative of the commanding officer are weaker. Therefore it is expected that there must be even more diligence in correctly implementing the right to appeal.”

Judge Col. Benisho also called on lawmakers to require mandatory appearance in court in every case of an administrative restriction order, as is currently done in the case of an administrative detention order: a deliberation must be held within 24 hours at a district court.

The judge also recommended to the Knesset: “It would be proper for lawmakers to institute a mandatory judicial review similar to the one existing concerning administrative detention orders.”

Judge Col. Benisho also ruled that, after “lengthy consideration,” the order currently being appealed will not be canceled, due to confidential information provided by the Shabak. However, he also demanded that in order to extend the order again, the army and the ISA must present “intelligence information which fundamentally alters the evaluation of dangerousness,” or there must be “a fundamental change in the security situation of the district.”

Honenu Attorney Yado said in a statement: “This is the first step in limiting the discretion of a GOC in issuing [administrative restriction] orders. We have no doubt that many of the orders are disproportionate and will not stand the test of a [trial in civilian court]. Concerning the procedure, the court reminded the GOC that young residents of Judea and Samaria also have legal rights to a court deliberation, and compelled the GOC to hold hearings prior to serving [administrative restriction] orders, something which the GOC, contrary to the requirement of the law, had systematically neglected over the past year.”

JNi.Media

Israeli Soldier Charged for Shooting Wounded Hebron Terrorist Testifies in Court

Sunday, July 24th, 2016

By Michael Bachner/TPS

Jaffa (TPS) – Sgt. Elor Azaria, the Israeli soldier who is charged with manslaughter for shooting and killing an already wounded Palestinian Authority Arab terrorist in Hebron in March, began testifying on Sunday at the military court in Jaffa. Azaria offered his version of the incident, which has been under extensive media scrutiny, and criticized the country’s leaders for condemning his actions and for not supporting him.

“The prime minister, defense minister and chief of staff all condemned my actions before hearing what I had to say,” charged Azaria. “I immediately lost faith in them. I feel like a scapegoat that they picked to clear the army’s name.”

Azaria’s testimony follows that of relevant state witnesses, including IDF soldiers and officers, members of the IDF Criminal Investigations Department, and Imad Abu-Shamsiya, a photographer for the NGO B’Tselem. Abu-Shamsiya filmed Azaria shooting and killing the wounded terrorist, who had stabbed and injured another IDF soldier several minutes earlier. The video quickly circulated and provoked outrage, causing the military to suspend Azaria.

“I am an army medic so I was not present at most military briefings,” testified 20-year-old Azaria. “I felt I was assigned tasks beyond my capabilities. I was given serious responsibilities without adequate sleep.”

Azaria’s main line of defense is that he shot the wounded Arab terrorist, Abdul Fatah al-Sharif, due to fear that al-Sharif was wearing an explosive vest and that the shooting was thus carried out in self-defense.

“I rushed to the scene and was told that there had been an attack and that someone was stabbed, my first incident with a real casualty,” Azaria testified in court. “I treated the wounded soldier while people started yelling, ‘he has an explosive device,’ and I saw that the terrorist had a big black coat that looked like he was hiding something. We were warned about the possibility of a ‘high-level attack,’ and I understood that this was it.”

“I saw that the terrorist was moving his hand toward the knife and it looked suspicious to me,” said Azaria. “I had no way to know for certain and felt that everyone at the scene was in danger. I took my weapon, loaded it, and saw that the people around me were complacent. I walked between them, screamed ‘move,’ and fired one bullet towards the terrorist’s head. I neutralized him to save the lives of everyone at the scene. I had a dilemma before pulling the trigger, but felt I had no choice.”

“After the shooting, I told my company commander Tom Na’aman that I had fired the shot,” he added. “He shouted at me, saying ‘what are you doing? Are you nuts?’ And then he slapped me twice. It was the first time I had shot a person and I was under stress. I did not understand why he reacted like that in front of everyone instead of trying to calm me down.”

“I was shocked by the incident itself and also by my commander. I lost faith in him,” testified Azaria. “The army had told us it would take care of us like a parent, but my commander turned on me. It was all lies.”

The prosecution alleges that Azaria shot a terrorist that posed no threat. “The soldier acted against the rules of engagement and without operational justification,” the military prosecution said. “The terrorist al-Sharif was lying on the ground, did not attack again, and did not pose an immediate threat to the defendant or to the civilians and soldiers who were at the scene. In his actions, the defendant caused the unlawful death of the terrorist.”

TPS / Tazpit News Agency

Printed from: http://www.jewishpress.com/news/the-courts/israeli-soldier-charged-for-shooting-wounded-hebron-terrorist-testifies-in-court/2016/07/24/

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