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October 21, 2016 / 19 Tishri, 5777

Posts Tagged ‘court’

Cairo Court Postpones Morsi Appeal Hearing

Sunday, October 9th, 2016

An Egyptian Court on Saturday postponed the hearing of an appeal by deposed president Mohamed Morsi, the Anadolu Agency reported. Morsi appealed his sentence of 20 years in prison, along with eight co-defendants. The nine men had been convicted of incitement to violence and killing protesters outside the presidential complex.

An anonymous source inside Egypt’s judiciary told Anadolu that the Court of appeals postponed the hearing to Oct. 22, in response to a request by Morsi’s defense team, which said it needed the time to study the prosecution’s memorandum rejecting their appeal.

The case emanated from the bloody clashes on Dec. 5, 2012, in front of the Presidential Palace, between supporters of the Muslim Brotherhood and Morsi’s opponents. Those clashes resulted in the deaths of 10 people. In April 2015, the Cairo Criminal Court found Morsi guilty, along with 14 other defendants, six of them in absentia.

Morsi was also sentenced to death in April 2015, over a 2011 jailbreak. In June 2016 he was given a life sentence for passing state secrets to Qatar.

David Israel

Spanish Court Upholds Anti-BDS Ruling

Thursday, October 6th, 2016

A Spanish High Court in the region of Asturias, Spain, last week upheld a lower court ruling that declared illegal a Langreo City Council decision to boycott Israeli goods. The original suit against Langreo had been launched by ACOM, a pro-Israel lobby working against BDS in Spain.

David Israel

Magistrate Court Refusing to Rule on IDF General’s Jurisdiction Inside the ‘Green Line’

Wednesday, September 21st, 2016

A Petah Tikva Magistrate Court judge on Tuesday ruled that a man accused of defying an administrative restraining order issued by the OC Central Command remain free until his trial, but refused to rule on the extent of the authority of the IDF Central Command within the “green line,” Honenu legal aid society reported.

Police on Sunday arrested a young Samaria resident in his 20s claiming he had violated an executive order handed him by OC Central Command Gen. Roni Numa. The order instructed the young man to remain in the community of Tzofim, northeast of Kfar Saba, in Samaria, and observe a curfew in his parents home in the same community. But the young man has chosen instead to reside in Beit Shemesh and, in fact, received the order in Jerusalem.

Honenu attorney Menashe Yado, representing the defendant, sent an appeal to the OC Central Command arguing that the law does not give the IDF chief executive in Judea and Samaria any legal jurisdiction inside pre-1967 Israel, so that the restraining order was inherently a breach of the military’s authority.

Last Sunday, about three weeks after said correspondence had taken place, the young man was arrested in the Beit Shemesh area and was indicted in the Petah Tikva Magistrate Court on five items of violating a restraining order, based on testimony of police who looked for him at his parents’ home and did not find him there. Police then asked for his detention, claiming that he posed danger to the public.

Honenu Attorney Avichai Hajbi, who represented the defendant at the hearing, argued that the chief of Central Command has no jurisdiction outside Judea and Samaria, noting the correspondence to that effect which had been conducted with the IDF. Hajbi also questioned just how dangerous police really considered his client to be if they had let three weeks lapse between the day they discovered his absence and the day they picked him up.

Judge Eti Craif ruled the defendant could go free, conditioned on providing alternative detention, but refused to rule on the issue of the IDF General’s jurisdiction, noting that as long as the restraining order itself is valid, the only place to discuss it is in a military appeals committee.

Attorney Hajbi expressed satisfaction at the fact that his client was released, even though the court completely ignored his main argument.


Court Cancels Restraining Order Against Jewish Worshipper Near Temple Mount

Tuesday, September 13th, 2016

Jerusalem District Court Judge Alexander Ron on Tuesday morning accepted the appeal of attorney Menashe Yado of the Honenu legal aid society regarding an activist of the Hozrim La’har (Heb: returning to the mountain) who was restricted from entering the Old City of Jerusalem for 30 days, after praying near the Temple Mount gates.

Israel Police argued before the judge that this is the case of a dominant activist who comes frequently to pray at the Old City, but the judge refused to accept this as a point to be considered. The same judge earlier on Tuesday ruled similarly in the case of three young women who prayed near the gates of Temple Mount.

Police requested a delay in carrying out the ruling to give them time to appeal it before the Supreme Court.

Attorney Yado thanked the court in a statement for making it legal once again for Jews to pray in the Muslim quarter of the Old City, noting that “the police should reflect and protect the Jewish sensibilities of the public, thus fulfilling the Jewish character of the State of Israel and its democratic principles.”

David Israel

High Court Rejects Three Petitions Against Force-Feeding Prisoners

Sunday, September 11th, 2016

Israel’s Supreme Court on Sunday rejected appeals by the Israel Medical Association and a few NGOs against an amendment to the Prisons Act that permits forcing medical treatment on hunger striking prisoners.

Elyakim Rubinstein, the Vice President of the Supreme Court, said he was persuaded that there are possible situations in which saving lives requires having the amendment on the books, although he noted that he is not happy with it and suggested there may be other ways, within the exiting laws, to remedy such situations.

Israel Radio reported that one of the items in the contested legislation requires the judge on hand to consider how the death of a hunger striking prisoner might affect state security. The justices ruled that the court must give a preference to medical, rather than security considerations.

David Israel

Ramallah Court Postpones Elections After Gaza Court Drops PLO Candidates from Ballots

Thursday, September 8th, 2016

The Khan Younis Court dismissed several PLO candidates from the lists competing in the municipal elections in the southern Gaza Strip, Ma’an reported Thursday morning. The court’s decision came after several appeals had been filed against PLO lists in and around the cities of Khan Younis Rafah in the southern Gaza Strip.

Journalist Dov Lieber tweeted in the early AM: “Palestinian court postpones local elections set for October,” which he attributed to AFP. Apparently, the court in Ramallah has followed the disqualification of PLO candidates in Gaza by postponing the elections altogether.

The Gaza court decision wipes the PLO out of the competition in nine municipalities out of 25 in Gaza.

Dr. Fayez Abu Eita, a spokesman for the PLO, said the decision to drop his movement’s candidates from local lists was tantamount to a “massacre by the Hamas court.” He said the PLO was running “lists of the finest people, qualified specialists and professionals,” and so when Hamas realized they had no one of equal quality to run against them, they ordered their court to “drop them under false and fabricated pretexts” which were both “illogical and illegal.”

Abu Eita added: “They wanted to compete with themselves after the overthrow of these lists.”

Abu Eita called on the Central Election Commission to assume their responsibilities over what he described as the failure of the election process, stressing that all the appeals were illegitimate, intended solely to thwart any challenges to the Hamas candidates.

David Israel

Meretz Chairwoman Forced Supreme Court to Work on Shabbat

Sunday, September 4th, 2016

Meretz Chairwoman MK Zahava Galon forced the Israeli Supreme Court to desecrate Shabbat, with an appeal which was already irrelevant when she filed it, argued pundit, author and Holocaust scholar Itamar Levin in a column he published on the News1 website.

Galon appealed to the court on Shabbat day, Sept. 3, asking that it order the Ministry of Transport to carry out the scheduled works on the Railroad infrastructure which had been halted on Friday night due to Haredi party pressure. “This meant that the employee on call at the reception had to receive the appeal and pass it to the Justice on call, which happened to be Anat Baron,” Levin wrote, suggesting this could also mean that the people on call in the Justice’s chambers had to work on Shabbat as well.

But, as turns out from the Justice’s ruling, also given on Shabbat, the appeal was not urgent and did not justify forcing a state employee to desecrate Shabbat. Justice Baron wrote: “The appeal was submitted today, Shabbat day, at 3 PM. When it was submitted, the infrastructure works had been ceased yesterday, following the prime minister’s order shortly before the start of Shabbat. Under these circumstances there is no point in issuing the requested injunction in response to a situation which the appellant claims was created on this weekend.”

Justice Baron instead ordered the State to respond by Monday, Sept. 5, to Galon’s appeal for an injunction — an appeal she could have submitted Saturday night, Levin wrote.

Israeli courts, including the Supreme Court, maintain skeletal Shabbat and Holiday shifts to respond to the most urgent needs. These include police requests for injunctions to prevent the smuggling of children, or for arrest warrants. But Levin wrote that he did not recall any other time when the Supreme Court was compelled to desecrate Shabbat to deal with an administrative issue such as the works on the railroad.


Printed from: http://www.jewishpress.com/news/breaking-news/meretz-chairwoman-forced-supreme-court-to-work-on-shabbat/2016/09/04/

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