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December 8, 2016 / 8 Kislev, 5777

Posts Tagged ‘court’

Beyond The Matrix – An Israeli Yankee in King Arthur’s Court [audio]

Wednesday, November 2nd, 2016

Ira and Rod discuss what it is like for Ira to be in America after the Jewish holidays, and dealing with the commercialism of Halloween, Thanksgiving, Christmas, and the upcoming U.S. presidential election.

Beyond The Matrix 01Nov – PODCAST

Israel News Talk Radio

Report: Justice Minister ‘Simplifying’ Supreme Court Appointments

Tuesday, November 1st, 2016

Israeli Justice Minister Ayelet Shaked (Habayit Hayehudi) is working on changing the process of appointing Supreme Court justices, according to a Tweet by journalist Amit Segal (Channel 2 News). According to Segal, Shaked is using the good services of MK Robert Ilatov (Yisrael Beiteinu), promoting a new bill that eliminates the need for a special majority to appoint Supreme Court judges, and also eliminates the need for approval for the appointments from the sitting members of the Supreme Court.

According to Segal, Shaked has informed both Court President Miriam Naor and Prime Minister Benjamin Netanyahu of the move, which comes ahead of the replacement of a quarter of the high court judges.

Israel’s constitutional law on selecting judges assigns the appointments of new judges to a nine-member Judicial Appointments Committee, as follows:

The committee is headed by the Justice Minister (Shaked), as well as one other minister chosen by the government — the most recent choice has been Finance Minister Moshe Kahlon (Kulanu). It also includes two MKs, traditionally one from the coalition and the other from the opposition — however, currently they are MK Nurit Koren (Likud) and Robert Ilatov (Yisrael Beiteinu), the latter, having been in the opposition earlier, has now moved over with his boss, Avigdor Liberman, to the coalition. To remind you, Ilatov is the author of the new proposed rules for picking new judges.

In addition there are two members of the Bar (this time one is Jewish, the other Arab), the president of the high court and two high court judges.

The committee requires a simple majority to appoint judges below the Supreme Court level; but a law enacted by then Education Minister Gideon Sa’ar in 2008 requires a special majority of 7 out of 9 committee members, or 2 fewer than the overall number of members in attendance (6 out of 8, 5 out of 7).

Historically, the three Supreme Court representatives aligned with the members of the Bar, as well as with the opposition MK, to push their own candidates, and the special majority requirement guaranteed their ability to torpedo the ones of whom they disapproved. Shaked is looking to erase this unfair advantage, then use the fact that both MKs on the committee are from the coalition to appoint four rightwing judges in 2017, with a simple 5-4 majority.

David Israel

Egyptian Court Denies Appeal, Sending Morsi to 20 Years in Prison

Saturday, October 22nd, 2016

Egypt’s Court of Cassation, the highest in that country’s judicial system, on Saturday rejected an appeal by ousted president Mohamed Morsi over a 20-year prison sentence in the Ittihadiya clashes case, Al Ahram reported on Saturday. With that, Morsi’s appeals in this case have been exhausted.

On December 5, 2012, clashes broke out outside the Ittihadiya presidential palace between Muslim Brothers and protesters that left 11 Egyptians dead. The protesters rejected a constitutional amendment issued by President Morsi on November 22, 2012, allowing him to issue any decision or law he wished, leaving all alternative authority without the power to oppose or revoke it. Video footage from the clashes showed Morsi supporters beating the protesters, even tying one up to the palace doors and torturing another.

The Ittihadeya clashes are regarded as the turning point in the Muslim Brotherhood’s rule in Egypt. The protests not only the denounced constitutional decree but also called for Morsi’s resignation. Six months later, Morsi was ousted by the military following mass demonstrations.

The ousted president is also appealing several other cases where he has been sentenced to death. This is the first case where he has exhausted all appeals. After his overthrow, Morsi faced several charges including inciting the killing of opponents protesting outside his palace, espionage for foreign militant groups including Hamas, Hezbollah and Iran’s Revolutionary Guards, for escaping Wadi el-Natroun Prison during the 2011 revolution prior to his election as president, for leaking classified documents to Qatar, and “insulting the judiciary.”

JNi.Media

In Rare Ruling Court Revokes Administrative Detention of Settler

Thursday, October 13th, 2016

A military appeals court this week issued a rare ruling revoking the administrative detention of a resident of Adi in northern Israel, about 15 miles east of Haifa. His attorney, Menashe Yado from the legal aid society Honenu, said he hoped the court’s message will be internalized by the powers that be.

The President of the Military Court of Appeals, Col. Netanel Benichou, ordered an end to the administrative detention imposed two months ago on the man, who is married and the father of one baby. He was ordered to remain away from his family home and be confined to the town of Ma’aleh Adumim. He was instructed to inform police where he would spend the night, and was also prohibited from communicating with some of his neighbors.

Following an urgent appeal by Yado, accompanied by a request from the head of the Karnei Shomron regional council, where the detainee’s parents live, the OC Central Command agreed to move his house detention and the curfew to Karnei Shomron.

This has since been followed by nightly visits by police to the man’s parents’ home to supervise his compliance. Attorney Yado meanwhile submitted an appeal regarding the validity of the detention, saying it was baseless and constituted a serious violation of his client’s rights and the rights of his family.

Judge Benichou’s ruling said there was nothing in the intelligence information presented to him to justify the detention and the nightly curfew, and so he ordered it void. The judge did support the restriction on the man’s movement in Judea and Samaria save for his parents’ home, and the contact with his neighbors.

The judge reiterated the importance of a defendant’s right to a hearing prior to issuing an administrative detention, and his right to review all the relevant information against him.

According to Honenu, there have only been two cases in which a military court revoked administrative detention orders against Jews. Things are similar in the Arab sector as well.

Attorney Yado said in a statement that the court’s ruling shows that the OC Central Command’s finger is heavy on the trigger of detentions. We are delighted that the court has revoked the nightly curfew imposed on my client and his wife and baby boy, under intense and offensive police visits. Today the court said it was all unjustified, disproportionate and unconstitutional. I hope that the Central Command will internalize this message even a little bit and cease the illegal violations of civil rights.”

David Israel

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.

JNi.Media

Printed from: http://www.jewishpress.com/news/breaking-news/magistrate-court-refusing-to-rule-on-idf-generals-jurisdiction-inside-the-green-line/2016/09/21/

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