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June 28, 2016 / 22 Sivan, 5776

Posts Tagged ‘court’

High Court OK’s Jerusalem Day Flag Parade Through Muslim Quarter in Old City

Sunday, June 5th, 2016

The High Court of Justice has ruled in favor of the traditional Jerusalem Day Flag Parade marching through the Old City from the Damascus Gate to the Western Wall.

Celebrating Israelis traditionally sing and dance their way through the Muslim Quarter on their way to the ancient remnant of the Second Jewish Holy Temple, waving Israeli flags.

The court decision came in response to a petition by the leftist ‘Ir Amim’ non-governmental organization to bar the parade from marching through the Muslim Quarter.

The court also ruled, however, that the march will begin 15 minutes earlier than planned, and that all Jews must be out of the Muslim Quarter by 7:30 pm.

This measure is to help minimize as much as possible any friction between the Jewish and Muslim populations, because Sunday night is also the start of the Islamic holy month of Ramadan.

On this night, most – if not all – of the Old City’s Muslim population will likely head to the Al Aqsa Mosque on the Temple Mount for the prayer service that will launch the holy month.

Together with IDF Chief of Staff Gadi Eizenkot, Israel’s new Defense Minister Avigdor Liberman approved the opening of all of the crossings between Israel and the Palestinian Authority as well as those between Israel and Gaza, for the duration of Ramadan.

The measures were taken so as to ease the movement of PA citizens who wish to visit family, travel abroad via Ben Gurion International Airport, receive visitors from abroad, or travel to Jerusalem to pray at the mosque on the Temple Mount.

Hana Levi Julian

NGO Petitions Court to Limit Flags Parade on Jerusalem Day

Thursday, June 2nd, 2016

The leftwing Ir Amin (Heb: city of nations) has petition the High Court against the decision of the Jerusalem municipality and police to permit the traditional Jerusalem Liberation Day Parade of Flags to go through the Muslim Quarter of the Old City despite the fact that the Muslim holy month of Ramadan commences after nightfall on the same date. The petitioners argue that Muslim worshipers would not be able to move freely to their places of worship.

The Court ordered the State to respond by 2 PM Thursday.

The rightwing Am Kalavi (Heb: Lion-like Nation) NGO, which organizes the parade, called the petition a leftwing provocation intended to create a spit and to segregate Jews from the Old City of Jerusalem.

David Israel

Senior Rabbi Condemns Court Ruling on Legalized Prostitution

Wednesday, June 1st, 2016

Rabbi Ratzon Arusi, the Chief Rabbi of Kiryat Ono and member of the Chief Rabbinate Council, on Wednesday attacked vehemently the precedent ruling of Tel Aviv Municipal Court Judge Itai Hermelin, which empowered groups of sex workers to operate a legal brothel. Hermelin, who was elevated to municipal judge from his post as instructor for the Criminal Justice Clinic at Tel Aviv University, decided that since by closing down a building where prostitution took place he would be forcing the sex workers to take their business to the streets, he set up conditions under which sex workers could operate the facility legally.

Needless to say, this did not go well with Rabbi Arusi, whose community lies a few miles down the same major thoroughfare, Yitzhak Sadeh Street, where the building of ill repute stands. In a class he gave on Wednesday at the Natzach Israel yeshiva, which was recorded by Srugim, Rabbi Arusi accused Judge Hermelin of turning the entire state of Israel into “one big brothel.”

Rabbi Arusi, who is one of the top experts on integrating Jewish Law into Israeli State Law, criticized “a certain judge who permitted women to establish for themselves a house of ill repute and permitted men to acquire prostitution services. And that judge has declared that a woman’s possession of her own body is autonomous and the state may not interfere with her life and if this is what she desires — then if she opens a brothel by herself or with her friends it does not constitute an illegal act and she mustn’t be harassed. Likewise the customer is autonomous and if he desires prostitution services there’s no reason to prevent him from receiving them.”

As far as Rabbi Arusi is concerned, the Hermelin ruling might be that gulping sound at the end of the slippery slope of social and spiritual corruption that have engulfed Israel for decades. “He has brought us to the very state about which the prophet Isaiah screamed: ‘See how the faithful city has become a prostitute! She once was full of justice; righteousness used to dwell in her — but now murderers!’ (Isaiah 1:21). The prophet didn’t refer only to prostitutes, of course. Corruption in government and in the judiciary is also considered prostitution.”

“Judaism is about the sanctity of life,” Rabbi Arusi insisted, explaining, “It means that man is not an animal, but a man, created in the image of God and behaving in this manner. He says yes to having a sex life, but in the framework of holiness and values, not promiscuity and licentiousness.”

It should be noted that the judge’s revolutionary ruling was inspired by the state prosecutor, who was attempting to expose the sex workers as liars, proving undeniably that the sex work in the building on Yitzhak Sadeh Street was actually run in an orderly fashion, in a manner befitting a permanent business. Soon enough, the judge began to wonder what purpose would be served by shutting down this well-organized facility of ill repute and dumping the women back on the street.

Of course, the downside is, as Rabbi Arusi said, not only accepting openly that one of the things Jews in the Jewish State are allowed to do is use sex workers, but that most Jews today don’t thing this is outrageous.

David Israel

‘I Didn’t Mean to Hurt the Judge’s Feelings’ Says Sara Netanyahu’s Lawyer

Wednesday, June 1st, 2016

The attorney for Prime Minister Benjamin Netanyahu’s wife Sara expressed regret Wednesday over harsh remarks he made against the judge during a court session over a case involving a former domestic employee in the Netanyahu household, according to the Hebrew-language 0404 website.

Attorney Yossi Cohen told media following the appearance in court, “I appreciate the entire justice and court system and judges, and always treat them with respect.

“My criticism of the [District] Court focused on a specific legal procedure that infringed on Mrs. Netanyahu’s legal right to call witnesses.

“I had no intention of hurting the personal feelings of the judge. I apologize if things were understood otherwise.”

Hana Levi Julian

Fateful Court Decision: Will a Child Stay in Israel or Return to her Father Abroad?

Wednesday, June 1st, 2016

Many Israelis living abroad keep the flame of yearning to return burning, while others are perfectly happy with their lives abroad. Visiting the old country can stir up those yearnings for some, and leave others as cool and detached as before. When two such persons are married to one another, a home visit can end up in tragedy.

An Israeli couple got married in 2009 and a year later moved abroad, where the husband works in teaching and the wife is a military attaché. In 2012 they had a baby girl, and at the end of last year the happy family came on a two-week vacation to Israel. On their last day in the home country, at Ben-Gurion airport, the wife informed her husband that she decided to stay, with their 3-year-old child. They had one of those horrible airport fights, at the end of which the husband boarded the plane and the mother and child stayed back, Psak Din reported this week.

The mother then turned to family court in Tel-Aviv requesting full custody, and the court granted her temporary custody. Later on she filed suit against her husband for dissolution of marriage and alimony. At the same time, the father submitted to family court in Hadera a claim for the return of his daughter to the place of her permanent residence, based on the Hague Convention on the Civil Aspects of International Child Abduction, the return of abducted children.

After several court hearings and attempts to find a common ground between the two feuding parents, Hadera Family Court Judge Tal Peperani rejected the father’s claim in a cumbersome manner: he agreed that an abduction had taken place, but cited Article 13 of the Convention, according to which if the parent was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention, then the court is not bound to order the return of the child.

Judge Peperani decided that the father had acquiesced to his daughter’s kidnapping based on emails and SMSs the parents exchanged during their compromise negotiations. In one such SMS, the father wrote: “I’m also learning to let go. I also want to sleep quietly knowing she is in good hands with you.”

Needless to say, the father was irate at the ruling and appealed to District Court in Haifa, arguing that he had not acquiesced to the kidnapping, but rather continued to act immediately and consistently to change the situation. He argued, among other things, that his communication with his wife was part of the negotiations process and should not have been made available to the court. He also claimed that the family court judge did not permit him to question his wife regarding the context of those SMS messages, or to present other, conflicting SMSs.

Presiding Judge Sari Jayyoussi rejected the father’s claim against the family court’s gaining access to his SMS messages, but agreed that in order to decide that father had, essentially, accepted the kidnapping of his daughter, the judge should have afforded the father the opportunity to be heard. Judge Jayyoussi then returned the case to family court, to give the father ample opportunity to reject the claim that he had acquiesced to losing custody of his daughter. He also instructed the family court judge to review the full body of interchanged messages between the parents before making his ruling.

JNi.Media

Supreme Court Wants Interior Ministry to Explain Why Reform Converts Aren’t Recognized by the State

Wednesday, May 25th, 2016

Israeli Supreme Court Chief Justice Miriam Naor on Wednesday issued a temporary injunction against the Interior Ministry ordering it to explain within two months why 11 petitioners who underwent Reform or Conservative conversion in Israel should be refused a Certificate of Oleh (immigrant) based on the Law of Return, and why they should not be registered as Jews in the Population Registry.

The Law of Return (Hok Ha-Shvut) was passed in 1950, giving Jews the right of return and the right to live in Israel and to gain Israeli citizenship. In 1970, the right of entry and settlement was extended to people with one Jewish grandparent or people married to a Jew, although they were not considered Jewish under Jewish halakha. Those who immigrate to Israel under the Law of Return are immediately entitled to gain citizenship in Israel.

According to the halakhic definition, a person is Jewish if his or her mother is Jewish, or if he or she converts to Judaism. However, Orthodox Jews do not recognize conversions performed by Reform or Conservative authorities. But the Law of Return states that any Jew, regardless of affiliation, may immigrate to Israel and claim his or her citizenship.

In 2005, the Supreme Court ruled that all conversions performed outside of Israel would be recognized by the authorities under the Law of Return. The court had already ruled in 1989 that conversions performed outside of Israel were valid for the Law of Return, regardless of whether they were Orthodox, Conservative, or Reform. The 2005 ruling extended that decision, finding that overseas conversions were still valid even if the individuals did the preparatory work for the conversions while residing in Israel.

Now it appears that the Supreme Court is prepared to bring down the last vestige of halakhic Judaism regarding conversion, in an attempt to authorize Reform and Conservative religious courts in Israel to covert, forcing the state to accept their converts as Jews.

The current Interior Minister, Aryeh Deri, is an ultra-Orthodox Jew, and will most likely fight the court’s obvious plan tooth and nail. But in the end, he will have one of three choices: obey the court (not going to happen), resign (not likely), or change the law, which is, in fact, anchored in the Haredi parties’ coalition agreement.

Can the Law of Return be changed today? Can the 1970 dreaded ruling allowing non-Jews to be accepted as Jews also be revoked, while the Knesset is at it? The fate of Netanyahu’s government may depend on it.

David Israel

Prosecution Loses Round As Judge Recused in Trial of Soldier Who Killed Neutralized Terrorist

Monday, May 23rd, 2016

President of the Military Court, Colonel Maya Heller, on Sunday decided to approve the defense request in Sgt. Elor Azaria’s trial, and recuse one of the judges on the panel, Israeli media reported. The defense argued that the judge is on friendly terms with Hebron Brigade commander, Colonel Yariv Ben Ezra. The defense attorneys said they did not doubt the military judge’s honesty, but wanted to avoid a conflict of interest nevertheless. They won the round and will start the proceedings with a point advantage.

The trial of IDF medic Sgt. Elor Azaria, who shot dead a stabbing terrorist who was already on the ground, is scheduled to start on Monday in a military court in Jaffa with much less media attention than the case received back in March, when the military prosecutor was still hell-bent on charging Azaria with murder. Many Israelis were irate at the sheer injustice of the idea and the widespread protests convinced Prime Minister Netanyahu that his defense minister was pushing him off a cliff with his newly found, left-leaning political posturing. The case, which would have ended with a disciplinary hearing had an Arab B’Tselem cameraman not immortalized the episode, was downgraded last month to manslaughter and misconduct, as well as defying the rules of engagement without operational justification. Netanyahu, who met with Azaria’s father to reassure him his son is in good hands, has meanwhile fired Moshe Ya’alon, his pesky defense minister, reducing further the chances for collateral damage to Netanyahu from the trial come the next elections.

This is a do or die case for the military prosecution, which has taken its share of lumps so far. Its requests to remand Azaria to prison until the end of his trial was rejected, and he is free to walk around his unit’s base, just not go out. Except that the prosecution also lost its demand that he not be allowed to join his family seder at home. He did, with the court’s blessing. And so, feeling understandably wobbly on its feet, the military prosecution decided to enlist attorney Nadav Weisman, a renowned litigator and senior partner in the biggest law firm in Israel, Meitar Liquornik Geva Leshem Tal.

Making star attorney Weisman the litigator means the prosecution is going for broke. MK Bezalel Smotrich (Habayit Hayehudi) in early May demanded clarifications from IDF Chief of Staff Gadi Eizenkot about the army conscripting a ringer for this match, among other things — how much was this costing the IDF?

From its show of zeal, it’s obvious the prosecution does not plan to offer Azaria a plea bargain, which should have been the easiest and least painful solution to everyone involved. A plea would have meant that the case would eventually disappear from memory, making room for newer attacks on Israel and the IDF. Dragging the case in court will have the opposite effect, keeping the gory details in the news: was the terrorist on the ground moving? Was Azaria justified? Why didn’t he call out an alert? It will also, inevitably, reveal that the majority of Israelis believe that a terrorist who picks up a knife and goes about stabbing Israelis should be certain of being killed. It’s like the death penalty, but cheaper and faster. It’s a perfectly reasonable sentiment, but do we want it debated on the BBC every night? Hardly. Now, however, thanks to a few wounded prosecutors’ egos, the tired topic of “it all started when Israel retaliated” will be king once more on the world’s stages.

It is funny, though, one must admit, to prosecute a soldier for killing a terrorist. Richard Goldstone, you have taught us so much…

JNi.Media

Printed from: http://www.jewishpress.com/news/breaking-news/prosecution-loses-round-as-court-recused-in-trial-of-soldier-who-killed-neutralized-terrorist/2016/05/23/

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