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December 3, 2016 / 3 Kislev, 5777

Posts Tagged ‘court’

MK Glick to Petition High Court Against Netanyahu Temple Mount Obstruction

Wednesday, November 23rd, 2016

Rebellion in the Likud ranks: On Wednesday, MK Yehuda Glick announced his plan to petition the Supreme Court against Prime Minister Benjamin Netanyahu over the latter’s barring of Knesset members and cabinet ministers from ascending too the Temple Mount, Srugim reported. The prohibition has taken effect close to the start of the current wave of terror, dubbed “the Al Aqsa intifada” by the Arabs, who claim to have started the violence in response to a Jewish conspiracy to destroy the Temple Mount mosque.

A suit by a rank and file MK against the leader of his party is extremely rare. Should Glick persist with his petition he is likely to be sanctioned by his Knesset faction, the Likud, and be barred from speaking from the podium and submitting bills. He might also be dismissed from the Knesset, should the leadership be able to enlist sufficient support from the members. He could also be tried by the Likud internal court.

Before assuming the legislator’s mantle, Glick made his living as tour guide on the Temple Mount, and in October 24 was the victim of an assassination attempt because of his promotion of Jewish access to the holy site.

This is the second time Netanyahu has blocked MKs from entering the sacred compound. During the 19th Knesset, the PM prevented MKs Uri Ariel and Shuli Mualem (Habayit Hayehudi) and Moshe Feiglin and Tzipi Hotovely (Likud) from ascending. The reason Glick is irate this time is the fact that Jerusalem police have announced they no longer see the need to stop MKs from entering the Temple Mount, but Netanyahu persists in his refusal to open the gates to them.

When he became a member of Knesset, about half a year ago, Glick justified the prohibition, which was pinned on attempts by Arab MKs to stir up riots on the Temple Mount. The last time Glick has been to the site was on the day before his swearing in as MK.

David Israel

Court Rejects Freedom of Information Request to Shield Archeologists from BDS Attacks

Wednesday, November 23rd, 2016

The Jerusalem District Court on Monday rejected a petition filed by two extreme-left, anti-Zionist NGOs, Yesh Din and Emek Shaveh, against the Archeology Department of the IDF Civil Administration in Judea and Samaria, demanding to know the names of archeologists working in digs around the liberated territories. District Court Judge Yigal Marzel ruled that publicizing their names would expose these archeologists to academic boycotts as well as possibly sabotage Israeli government archeological projects in Judea and Samaria.

Judge Marzel accepted the State’s argument that the archeologists, who testified in a separate hearing without the petitioners’ presence, would be exposed to academic boycotts should their names be published. Such boycotts could prevent the archeologists from publishing their findings in international academic journals, and they could be shunned by their foreign peers, seriously damaging their professional careers.

Judge Marzel ruled that the potential personal harm to the archeologists and their research justifies concealing their names. A few of the archeologists who testified consented to have their names be revealed to the petitioners, and they were.

The court sided with the State regarding the petitioners’ request for information on the location of the discovered archeological finds, accepting the argument that such exposure could lead to the theft of the artifacts.

The court also rejected the petitioners’ demand to review the list of artifacts the Israel Antiquities Authority has lent out for exhibition. Judge Marzel also refused to compel the IAA to hand over the records of specific digs, Tel Batir and Tel Shiloh, in Judea and Samaria.

The court did side with the petitioners’ demand to receive a list of the digs in Judea and Samaria, as well as the dates of their completion an future plan for their use.

Yesh Din’s annual budget, based on its 2014 report to the Israeli Registrar of Non-Profits, is $1,565,000. Its donors include the EU, the UK, Human Rights and International Law Secretariat (joint funding from Sweden, Switzerland, Denmark and the Netherlands), Norwegian Refugee Council, Catholic Agency for Overseas Development (CAFOD), HEKS (Switzerland), Norway, Ireland, Germany, and Oxfam-Novib (Netherlands).

Emek Shaveh’s annual budget, also based on a 2014 report to the Israeli Registrar of Non-Profits, is $246,225. Its donors include Switzerland (FDFA – Swiss Foreign Ministry), HEKS (Switzerland), Cordaid (Netherlands), Norway, Ireland, Oxfam GB (UK), CCFD-Terre Solidaire (France), and Oxfam Novib (Netherlands).

JNi.Media

Responding to Meretz Petition, State Tells Court Rabbi Karim Does Not Believe in Raping Enemy Women

Tuesday, November 22nd, 2016

The State on Tuesday responded to a petition served by Meretz against the appointment of Rabbi Eyal Karim as IDF Chief Rabbi, saying the Chief of Staff has picked Karim believing he is the right man at the right time for the job — based on his abilities, knowledge and military background.

Col. Rabbi Eyal Moshe Karim, head of the Rabbinate Dept. at the IDF Military Rabbinate, also served as commander of the paratrooper division’s special forces. In July he was picked by Chief of Staff Gabi Eizenkot to become IDF Chief Rabbi. But then the Israeli media discovered a few “controversial” legal opinions authored by Karim in the online Orthodox news website Kipa. Written as halakhic responsa, Karim’s passages included a reference to the status of a captive enemy woman in time of war, which the Torah deals with from within the socio-political milieu of the second millenium BCE. He also discussed the halakha’s view on women’s military service and on homosexuality.

Needless to say, Karim’s opinions, written some 14 years ago in the context of a discussion involving Orthodox readers, did not go down well with Israeli leftwingers such as Meretz Chairwoman Zehave Galon. Meretz appealed the appointment to the Supreme Court, which suspended it pending an explanation regarding the differences between Israel 3,000 years ago and today.

In its response on Tuesday, the State noted that Rabbi Karim’s responsa were prefaced with a proviso that these are not his legal rulings but rather his review of rabbinical law. Regarding the fact that the Torah permits nonconsenting sex with a captured enemy woman in time of war, the State assured the court that Rabbi Karim does not espouse this as a policy to be followed by IDF soldiers nowadays.

MK Motti Yogev (HaBayit HaYehudi) told Israel Radio on Tuesday that the Supreme Court once again overstepped its boundaries by rudely intervening in IDF appointment decisions. Yogev noted that so far the court has fought the legislative and executive branches and now has added the IDF to its list of targets. Yogev called on his colleagues in the Knesset to find way of stopping the court from uninvited interference in halakhic discussions.

Rabbi Karim is expected to start serving as IDF Chief Rabbi on Thursday, unless the court continues to block his appointment.

David Israel

Rabbi Berland in Court: I Deserve Burning and Stoning for my Sins

Tuesday, November 22nd, 2016

The Jerusalem Magistrate Court on Tuesday convicted the leader of the Shuvu Banim (Return boys) movement, Rabbi Eliezer Berland, 79, of two counts of indecent assault and one count of assault and sentenced him to 18 months in prison. The conviction follows a plea agreement in which Berland admitted to some of the charges against him in return for a reduced sentence. The time Berland spent in a South African prison will be deducted from his sentence.

In addition, Berland will pay $6,467 in compensations to the women whose complained against him was cited in his indictment, and the same amount to another woman whose complaint was not included.

Before his sentencing, Berland expressed his remorse before the judge, saying that according to Torah law he deserved to be burned and stones for his sins, but “today the times have changed and the punishments have become lighter.” Judge Yaron Mintkevich said he would honor the plea deal, but had it been up to him, in light of the severity of Berland’s crimes, he would have sentenced him separately on every single one of them.

The prosecution cited Berland’s advanced age to justify his exceedingly light sentence.

Several women have reported that Rabbi Berland raped them, others complained of sexual harassment. In 2012, one of Berland’s students discovered him standing over a naked woman at home. Berland’s followers claimed the accusations had been made by the rabbi’s enemies.

Berland fled Israel once the first allegations had been made public, and sought temporary shelter in the US, Italy, Switzerland, and Morocco, where he stayed in Marrakech. In November 2013, Moroccan King Mohammed VI personally ordered Berland’s expulsion, following news report about the allegations against him.

He left for Cairo, Egypt, continued to Zimbabwe, then flew to Johannesburg, South Africa. He then returned to Zimbabwe, and became the spiritual leader of a synagogue in Khumalo. He was expelled after his visa had expired, and returned to Johannesburg.

Dutch police arrested Berland in September, as he was getting off a flight from Johannesburg to Amsterdam’s Schiphol Airport, but he fled and eventually landed back in South Africa.

A few dozen of Berland’s followers demonstrated outside the court on Tuesday and when their leader was being led out of the courtroom they blocked traffic and refused to let the patrol car with him in it leave.

JNi.Media

Report: Trump Connected to Hasidic Court Whose Founder Lived in Gold Palace

Thursday, November 10th, 2016

If you had to find the one Hasidic Rebbe that would attract President Elect Donald Trump’s attention, it would have to be Reb Israel Friedman of Ruzhin (1796-1850), “Der Heiliger Ruzhiner.” The Ruzhiner Rebbe lived in a palace with splendid furnishings, rode in a silver-handled carriage drawn by four white horses and with an entourage, dressed like a nobleman, wore a golden yarmulke and clothing with solid-gold buttons, and was attended by servants in livery. This very unusual manner was actually accepted and even praised by many of his contemporaries, who believed that the Ruzhiner was elevating God’s glory through himself, the tzadik.

Turns out that of all the ultra-Orthodox leaders Trump could connect with, he picked an heir of the Ruzhiner, the Rebbe of Boyan, Rabbi Nachum Dov Brayer, an American Rebbe who made aliyah as a teenager and has been leading the Boyan movement since 1985. According to the website B’Hadrei Haredim, Donald Trump has been a heavy donor to the Ruzhin-Boyan Tiferet Israel yeshiva in Jerusalem.

The President Elect, whose daughter Yael (Ivanka) is possibly the most renowned convert to Orthodox Judaism in recent years—and visited the Lubavitcher Rebbe’s graveside on the Saturday night prior to the election, has maintained his own ties with the Boyanner Hasidim, including attending their events, donating to their appeals and buying up pages in their journals.

Hadrei Haredim on Wednesday cites a Boyan Hasid who said that it is clear Trump is “connected to the heart of the Jewish people and there’s no doubt he is one of the righteous among the gentiles who will bring only good things to the nation dwelling in Zion.”

It should be noted that, despite his reputation for a palatial life, Der Heiliger Ruzhiner was known for his ascetic personal demeanor. A famous tale relates how one winter night, after standing outdoors to sanctify the New Moon wearing his solid-gold boots studded with diamonds, the Ruzhiner’s Hasidim noticed blood on the snow where he had been standing. They discovered that the extravagant boots had no soles, and so, when the Rebbe walked outside, he was actually barefoot. This is when people realized that the Rebbe’s lifestyle was meant solely for the sake of Heaven.

JNi.Media

Shiloh Musings: Israeli Supreme Court, When “Independent” is UNJUST

Tuesday, November 8th, 2016

So what is the big hullabaloo between Israeli Minister of Justice Ayelet Shaked and Supreme Court President Miriam Naor all about?

One of the big issues in Israel is that the Supreme Court is very much “friend brings friend.” It’s a Leftist bastion that easily preserves its ideological purity. Breaking that monopoly is an aim of Shaked and her party, Jewish Home aka NRP. It’s also important to Prime Minister Binyamin Netanyahu and many others in Israel’s Right and Center, which is why she got that portfolio.

On one of the Israeli newscasts about the issue, I heard someone who wants to preserve the status quo shouting that it exists to preserve the “court’s independence.” Now, if you don’t know what they mean by “independence,” you may think they have a point.

The dangerous thing that the pro-status quo people mean by that is that they do not make their decisions based on the laws passed in the Knesset.  And remember that the Knesset is made up by representatives of political parties voted in by the citizens of the State of Israel. The justices in the Israeli Supreme Court consider their “consciences,” their ideologies to be the sources of their decisions. They do not make their judgments by interpreting the Laws, but by bending them into their concept of their Leftist Utopian vision.

If Ayelet Shaked gets her way, then the Knesset will appoint justices more representative of Israel’s population and not the Leftist elite of today which considers itself the overseer of Israeli Law and values, even going against laws which they don’t like.

Batya Medad

Shaked Blinks First But Wins Advantage in Contest with High Court President

Sunday, November 6th, 2016

The mark of a statesman—or, in this case, a stateswoman—is their ability to retreat momentarily for the sake of future victories. In her very public and very aggressive contest against Supreme Court President, Justice Miriam Naor, Justice Minister Ayelet Shaked (Habayit Hayehudi) collected her winnings and stepped back, knowing she was not yet prepared to pay the full price of a complete victory.

Shaked is spearheading several concurrent moves, all of which have provided the context for a proposed bill by Yisrael Beiteinu MKs—with Shaked’s blessings—to deprive the Supreme Court members of the Judicial Appointments Commission of their veto power over Supreme Court candidates. The moves the Justice Minister was advancing behind the cover of the new bill were a Netanyahu cabinet request for a 7-month delay of the decree to demolish the Amona community in Samaria; a new Regulation Act to compel Arab claimants who prove they own the land belonging to Jewish communities to accept market value as compensation; and a list of appointments to the Supreme Court which the current Court members loath.

Last week, Justice Naor lost her cool, sending a leaked letter to Shaked telling her the proposed Judicial Appointments Commission bill was tantamount to placing a gun on the table. On Sunday the two women met and Shaked eventually consented to putting a temporary lid on her bill — depending on how well the court would deal with her proposed appointments to replace four retiring justices—that’s 4 out of 15—in 2017.

Shaked’s candidates are considered brilliant, and they are also critical of the judicial activism of the court over the past 40 years, since the Likud party for the first time won a decisive electoral victory and relegated the Labor party to what eventually became a perpetual seat with the loyal opposition.

There’s Prof. Gideon Sapir from Bar Ilan University, who has voiced his loud criticism of the high court for neglecting the national component in their decisions. Sapir was harsh in his criticism of the court’s support for the uprooting of Gush Katif’s Jews in 2005.

Then there’s Judge Yosef Elron, who enjoys the backing of Finance Minsiter Moshe Kahlon (Kulanu) who is a member of the appointments committee, and also the support of the two members of the bar on the committee. The justices don’t like Elron and prefer to appoint in his place an insider, one of their own, Ron Sokol, the son-in-law of former Supreme Court Justice Theodor Or.

Shaked’s list of 28 candidates also includes Professor Aviad Hacohen, who writes the judiciary column for Shledon Adelson’s daily Israel Hayom, as well as Tel Aviv District Court Judge George Karra, Tel Aviv District Court Judge Chaled Kabub, Tel Aviv District Court Judge Dr. Michal Agmon-Gonen, Central District Court Judge Menachem Finkelstein, Haifa District Court Judge Yael Willner, Tel Aviv District Court Judge Ruth Ronnen, Central District Court Judge Prof. Ofer Grosskopf, Central District Court Judge Michal Nadav, Jerusalem District Court Judge Tamar Bazak Rappaport, Tel Aviv District Court Judge Gilad Neuthal, Official Receiver General Prof. David Hahn, Adv. Asaf Posner, Prof. Aviad Hacohen, Tel Aviv District Court Judge Dr. Kobi Vardi, Tel Aviv District Court Judge Shaul Shohat, Nazareth District Court Judge Asher Kula, Jerusalem District Court Judge Nava Ben-Or, Jerusalem District Court Judge Ram Winograd, Jerusalem District Court Judge David Mintz, Jerusalem District Court Judge Moshe Sobel, Jerusalem District Court Yigal Mersel, Prof. Haim Sandberg, and Prof. Shahar Lifshitz.

Shaked’s final four will likely include two rightwingers, an Arab and a centrist woman, such as Judge Tamar Bazak Rappaport, who also serves, as Vice Chairman of the Anti-Trust Tribunal, which deals with issues of cartels, monopolies and mergers.

Of the two rivals, Shaked turned out to be the one speaking softly and holding a big stick behind her back. Naor was loud and blustery, and it looks like she got her way — for now. But Shaked did not put down her big stick, and in the long and exhausting struggle the country’s judiciary will be undergoing soon, she likely plans to bring home a few wins.

David Israel

Printed from: http://www.jewishpress.com/news/breaking-news/shaked-blinks-first-but-wins-advantage-in-contest-with-high-court-president/2016/11/06/

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