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October 23, 2016 / 21 Tishri, 5777

Posts Tagged ‘court’

Israeli Court Rules: It Is Criminal for Jews to Enter Areas Where Police Cannot Control Arab Violence

Sunday, September 4th, 2016

Israeli District Court last week ruled that Jews commit a crime when they enter without prior arrangement with security forces an area where their lives would be in danger due to Arab violence. The area in question, Joshua’s Tomb in Samaria, is in Area B where there are no restrictions on Jewish travel. On its face the ruling is tantamount to a NY City judge punishing a victim of violence for entering a dangerous neighborhood without first receiving police permission.

Judge Zahava Bustan of the district Court in Lod last Thursday rejected an appeal submitted by legal aid society Homenu attorney Hai Haber over the detention and removal of 13 Jews who wanted to pray at Joshua’s Tomb near the city of Ariel and were attacked by Arabs from the village of Kifl Haras, where the Jewish shrine is located.

Attorney Haber argued that the group, which had been punished by the court — they were ordered to stay out of Judea and Samaria for 60 days — did not commit any crime, since entry into the Arab village is legal to Jews. Kifil Haras is located in Area B, which Israeli citizens may enter at will, just as they are permitted to drive on sections of Route 60 which cuts through the Area B Arab town of Hawara, as well as on the road from Jerusalem to the Jewish community of Nokdim.

Haber added that by punishing the victims of terrorism rather than going after the terrorists who attacked them, police and now the court are encouraging terrorism. He also argued the 60-day restraining order was needlessly harsh, since there is no ongoing police investigation which the restrained individuals could potentially be interrupting. Rather it was purely punishment for punishment’s sake on the part of the court.

Judge Bustan ruled on the appeal that even in cases where it is legal for Jews to enter, when there is danger of Arab violence the Jewish visitors must first request the consent and support of the security forces, because they are, inevitably, going to be called on to rescue them.

Honenu issued a statement saying, “All of Judea and Samaria, and, indeed, all of Eretz Israel is considered dangerous territory. The decision constitutes a prize and an encouragement to terrorism, since the court decided that a village where violence is used against Jews would become verboten to Jews without rearrangement with the Army. In a sovereign country of laws, it is the role of security forces to facilitate the safe access of civilians to every area where they are permitted to be. It is inconceivable that an area where entry is permitted, especially a holy site where Jews have been visiting for years, would be closed on account of a failure to enforce the law, and law-abiding worshippers would become criminals due to the failures of police and the Army.”

“Today it’s Breslov Hasidim at Joshua’s Tomb, tomorrow it would be hikers who are attacked on a trip, and next it would be orphans who attend their parents’ graves on Mt. Olives, which is well-known as a dangerous area.”

(See also: Legal Group Challenging Police on Criminalizing Entry into Judea and Samaria Area B)


Sharp Rightwing Criticism of Supreme Court Ruling on Demolishing Gush Etzion Homes

Friday, September 2nd, 2016

Following a Supreme Court Ruling Thursday ordering the evacuation and demolition of 17 structures in the Netiv Ha’Avot outpost in Gush Etzion, rightwing politicians called for a Regulation Act that would set out to legalize thousands of Judea and Samaria properties about which there are now or may be future claims. The general outline of the proposed regulatory legislation will authorize the Israeli government to compel proven claimants to receive market-value compensations, in comparable land or in money. A coalition move back in July to start work on the Regulation Act was thwarted by the AG Avihay Mandelblitt, who said the law is not constitutional and would be knocked down by the high court on appeal.

Thursday’s ruling, by a three-judge panel, evoked sharp criticism on the right, with Habayit Hayehudi Chairman Naftali Bennett condemning the ruling, saying extreme leftwing elements who have given up on their ability to ever persuade the people to accept a Palestinian State in Judea and Samaria are bypassing the public and usurping the legal system to force their policies on the majority. “When the Supreme Court collaborates with them this erodes the public trust in the court,” Bennett warned.

Minister Zeev Elkin (Likud), who is a resident of Gush Etzion, said the high court’s “scandalous decision” constitutes the crossing of red lines, revealing the court’s utter disconnection from common sense and from the historic values and the legacy of the nation of Israel. Elkin called on Justice Minister Ayelet Shaked (Habayit Hayehudi) to lead a far-reaching reform to regain the public’s trust in the Supreme Court.

Thursday’s ruling was an uncompromising order to destroy homes that “were built illegally on private lands.” Considering the fact that the ruling required forcing residents out of their homes, and the large number of homes in question, Court President Justice Miriam Naor gave government and the residents 18 months to prepare for the evacuation/demolition.

Naor wrote that the court ignored on principle the fact that the outpost had been established with government endorsement and support, saying government does not enjoy a special status when it comes to standing before the high court. “In the judicial process government is equal to other litigants,” Naor emphasized, adding that the fact that government had been aiding in a long-term illegal enterprise does not make it kosher.

According to the petition by Peace Now, which dug up the Arabs who are now claiming to be the original owners of Netiv Ha’Avot, the lands of the Al-Khader village near Bethlehem and Gush Etzion, in Judea, had been undergoing regulation by the Jordanian government at the time the IDF conquered the land in June 1967. The Israeli court opted not to rule whether or not the Jordanian government had the legal authority to carve up and hand out the land to local Arabs, land it had acquired through an act of war, invading the “West Bank,” including Jewish Gush Etzion, in 1948.

Davidi Pearl, who heads the Gush Etzion Regional Council, responded to the High Court’s decision saying the court had opted to belittle the government which had presented a vast array of legal alternatives that had been confirmed by the AG. Pearl called on the government to act immediately to enact a law to protect the honor of the Israeli government and the Judea and Samaria residents who had acted in good faith with the government’s encouragement.


Court to Hear Police Request to Bar 6 Youths from Jerusalem

Tuesday, August 30th, 2016

Seven young men and women who were detained by police on Monday on charges that their prayer outside the Temple Mount constituted a disturbance of the public peace, were released after police demanded that they sign a restraining order barring them from the Old City for 15 days, legal aid society Honenu reported.

Six of the detainees refused to sign the order and were released on the condition that they appear in Magistrate Court Tuesday, when police will be asking the court to bar them from the Old City.

Honenu attorneys have been complaining repeatedly that Jerusalem Police are so fearful of Arab rioting that they have begun to target Jews who are not attempting to disrupt the unholy status quo of the Temple Mount, but are merely engaging in action that might potentially anger the Arabs — regardless of the fact that the action is absolutely legal.

David Israel

Supreme Court Denies Appeal to Halt Rabbi Mark’s Killer’s House Demolition

Sunday, August 21st, 2016

The Israeli Supreme Court on Sunday denied an appeal against the demolition of the Dura village house belonging to one of the terrorists who carried out the drive by shooting that killed Rabbi Miki Mark and injured his wife and children.

The appeal was submitted by The wife of Mohammad Majid Amaira, 38, from Dura, a member of the Palestinian security forces. Amaira was detained for questioning three days after the murder and confessed he was the driver during the attack, while Mohammed Jabarah al-Fakih, 29, also from Dura, fired at the Mark family car.

Amaira’s wife, his daughters and HaMoked, an Israeli NGO assisting PA Arabs in their troubles with the Shabak, filed the appeal jointly.

According to NGO Monitor, Hamoked’s annual budget as of 2014 was $2,617,980, provided by Norway, the Norwegian Refugee Council (NRC), Human Rights and International Law Secretariat (jointly fundded by Sweden, Switzerland, Denmark and the Netherlands), UNDP (one of whose officials has just been indicted for being a Hamas agent), Finland, CCFD (France), Misereor (Germany), Trocaire (Ireland), Oxfam-Novib (Netherlands), and AECID (Spain).

Rightwing movement Im Tirtzu praised the Supreme Court’s decision to authorize the home demolition, and condemned the “torrent of judicial appeals” submitted by HaMoked on behalf of terrorists.

Im Tirtzu CEO, Matan Peleg, said in an email statement: “Im Tirtzu welcomes the Supreme Court’s decision to authorize the home demolition of the terrorist who murdered Rabbi Miki Mark. This decision sends a clear message to European governments, which fund radical Israeli NGOs to submit appeals to Israel’s Supreme Court aimed at damaging the IDF’s deterrence capabilities.”

Peleg added: “Im Tirtzu will continue leading the fight against this phenomenon. The Israeli public has a right to know who’s defending terrorists.”

David Israel

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.”


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

Printed from: http://www.jewishpress.com/indepth/editorial/rachel-freier-for-civil-court-judge-in-brooklyn/2016/08/10/

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