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December 5, 2016 / 5 Kislev, 5777

Posts Tagged ‘High Court’

Prosecution Objects to Arab Petition to Demolish Homes of ‘Jewish Terrorists’

Wednesday, September 14th, 2016

The state prosecution on Wednesday announced its intent to object to a petition to the High Court submitted by the father of the Arab boy Mohammed Abu Khdeir who was murdered by three Jews in 2014. The petition requests that the state demolish the homes of the families of Abu Khdeir’s killers, the way it does in cases where Arab terrorists murder Jews.

The prosecution argued that it would be a mistake to treat Jewish and Arab terrorism equally. “Of course, every act of terrorism is unacceptable,” the prosecution wrote in its statement, “but we cannot ignore the gap in the scope of terrorism carried out by Palestinians and eastern Jerusalem Arabs compared with terror which is carried out by Jews.”

The kidnapping and murder of Mohammed Abu Khdeir took place in the early morning of July 2, 2014, one day after the burial of three Israeli teens who had been kidnapped and murdered by Hamas agents. Abu Khdeir, a 16-year-old Arab, was forced into a car by three young Jews on a street in eastern Jerusalem. Police located his charred body a few hours later at Givat Shaul in the Jerusalem Forest. The autopsy results suggested he had been beaten and set on fire while still alive.

The murder was condemned by the families of the three murdered Israeli teens, who sent Abu Khdeir’s family their condolences. PA Chairman Mahmoud Abbas blamed the murder on Israel and demanded that Israeli PM Benjamin Netanyahu condemn it “as we condemned the kidnapping of the three Israelis.” However, when Israel included Abu Khdeir in the Victims of Acts of Terror Memorial at Mount Herzl, his family insisted that his name be removed at once.

In February 4, 2016, two minors who participated in the Abu Khdeir murder were sentenced, one receiving life imprisonment, the other 21 years. The court ruled that their leader was Yosef Haim Ben-David, who was sent for psychiatric evaluation. On February 22, 2016, a court appointed psychiatrist testified that Ben-David was fit to stand trial, and on April 19, 2016 he was found guilty of murder. While awaiting sentencing, Ben David tried to commit suicide in his cell. On May 3, 2016, he was sentenced to life in prison plus 20 years.

David Israel

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.

JNi.Media

In New US – PA Talks on Recovering Debt Ridden Economy, Fingers Point at Israel

Saturday, May 21st, 2016

Palestinian Authority Economy Minister Abeer Odeh and US Assistant Secretary of State for Economic and Business Affairs Charles Rivkin will meet Sunday in Ramallah for talks on developing the PA’s economy. At this point, the PA simply cannot pay its bills and is facing serious problems paying its government employees, from teachers to security forces. According to Trading Economics, in 2014 the PA recorded a Government Debt to GDP rate of 17.30% of the country’s Gross Domestic Product. Government Debt to GDP in the PA has averaged 18.92% from 1995 until 2014, reaching an all time high of 26.36% in 2007 and a record low of 2.93% in 1995.

The economies of the PA and Gaza strongly depend on their relationship with Israel, so that when the Israelis feel safe to permit documented (and many undocumented) Arab workers into their country, the Arab economy improves. And when there’s a war or an intifada, the Arabs go without.

The Palestine Monetary Authority (PMA) most recent report, from 2014, shows high and rising levels of unemployment, which continued to be one of the main challenges to the economy. In 2014, it rose to 26.9%, compared to 23.4% in 2013. A main contributor was an exceptionally expanding rate in Gaza Strip, where unemployment reached 43.9%, compared to 32.6 percent in 2013, while the same rate declined in the PA from 18.6% to 17.7% during the same period. This rise in unemployment did not stop nominal daily wages from rising across different regions. Yet contradictory inflation trends have created discrepancies in real wage growth, as while real average daily wage for workers in the PA, and Israel and the Jewish communities of Judea and Samaria improved by 0.9% and 5.6% respectively, real wages in Gaza declined by 1.5% during 2014.

The PA Arabs’ dependence of Israel was made all too clear this past winter, when The Israel Electric Corporation (IEC) announced the PA and individual Arab municipalities have racked up a debt of close to half a billion dollars which the company could no longer absorb. The debt was split about $400 million to $80 million between the PA and the cities respectively.

In April, the IEC reached a temporary agreement with the PA to put an end to the temporary power cuts it had been imposing on a succession of municipalities, in exchange for paying off a small portion of the overall debt. Meanwhile, the Arab-run Jerusalem District Electricity Company, which owes the IEC $371 million out of the debt, sued the IEC in Israel’s High Court last April, saying the IEC’s behavior constituted “collective and disproportionate punishment” and showed “blatant and harmful disregard for a public that pays its electricity bills regularly.” It also suggested the IEC’s power cuts compromised basic consumer rights to access an essential resource.

“I don’t know of any company that would agree to do nothing about a 1.74 billion shekel ($450 million) debt owed by another company,” IEC chairman Yiftah Ron Tal said at the time. “We weren’t left with any choice. We’re limiting electricity in a proportionate way.”

But the High Court of Justice paid no attention to the complaints of the Israeli CEO, and issued an interim injunction on prohibiting service cuts to the eastern Jerusalem Arab power company.

IEC responded to the ruling with an angry statement: “The Israel Electric Corporation respects the High Court ruling but demands the issue over the growing debts of JDECO which reach 1.4 billion shekel ($360 million) be resolved quickly. JDECO debts continue to grow to an astronomic figure; like any other business, it is the legitimate right and the responsibility of IEC to take the necessary measures to resolve a problematic debt which has been a burden for all Israeli electricity consumers.”

Israel’s ambivalence about collecting the debt from the Arabs in both Judea and Samaria and eastern Jerusalem and Gaza has produced a reluctant and ineffective method of getting the money from the taxes and VAT Israel collects on Arab wages and products. As a result, Israel was rebuked this month by the World Bank for ruining the PA economy by, essentially, withholding money Israel is rightfully due.

The new World Bank report estimates that the Palestinian Authority is losing $285 million in revenues annually under the current economic arrangements with the Government of Israel. The report states that these revenues could significantly ease the Authority’s fiscal stress. As was to be expected, there is no mention in the condemning report of the half billion dollars in free power Israel has poured into the PA.

“If revenue losses are mitigated, this can reduce the 2016 fiscal deficit to below $1 billion, and narrow the expected financing gap by more than 50 percent,” Steen Lau Jorgensen, World Bank Country Director for West Bank and Gaza said in a press statement.

In other words, if only Israel agreed to take the half billion dollars from Israeli power consumers and let the PA Arabs continue to receive free electricity, an Arab economic miracle would be just a matter of time.

The report also cites irregularities on Israel’s part in conducting revenues clearance, which have not been systematically implemented. The revenue sharing arrangements, outlined by the 1994 Paris Protocol, through which the Government of Israel collects VAT, import taxes and other revenues on behalf of the Palestinian Authority, and shares them on a monthly basis, have not been systematically implemented.

The majority of the estimated fiscal loss results from tax leakages on bilateral trade with Israel, and undervaluation of PA imports from third countries. In other words, the Israelis have been running a messy tax and payment system, as well as a messy debt collection system.

JNi.Media

Jewish Human Rights Watch Suing 3 Councils in High Court over BDS

Wednesday, May 4th, 2016

Jewish Human Rights Watch (JHRW) has taken Swansea, Gwyneedd and Leicester councils to the High Court in London, alleging their boycott of Israeli goods is anti-Semitic and violates the 2010 Equality Act.

The group noted on their Facebook page: “We’re in the #‎HighCourt today and tomorrow about The Labour Party’s Leicester City Council & City and County of Swansea & Gwynedd Council’s #‎Antisemitic #‎Boycott motions. We’ll keep you updated as soon as we hear anything.”

Several local councils across the UK voted to boycott Israeli goods after 2009, when Israel refused to embrace the Hamas’ need to shoot rockets at its civilian population.

In 2010, Swansea council was seeking contracts with Veolia, a company connected to a project building a light railway in eastern Jerusalem. But then a motion was put before the council stating the project “not only contravenes UN demands but is in contravention of international law,” since the UN “has demanded that Israeli settlement activities and occupation should not be supported.”

Several council members called on the council to not do business with “any company in breach of international law or UN obligations or demands, so long as to do so would not be in breach of any relevant legislation.” The motion was approved.

Andrew Sharland, an attorney for Leicester’s council, which in 2014 approved a similar boycott of Israeli goods, said the JHRW is trying to “stifle criticisms of Israel.”

“What this challenge really concerns is criticism of the State of Israel, and the claimant’s desire to suppress it,” he said.

Following the 2014 vote, JHRW issued a statement saying, “Leicester City Council has taken steps down an anti-Semitic path under the guise of helping community relations in Leicester. Frankly this amounts to a get-of-out-town order to Leicester Jews.”

In 2014, Gwynedd council also passed a motion calling for a trade embargo against Israel, condemning the “attacks by the Israeli state on the territory of the Palestinians living in the Gaza Strip.” Just to make sure they did not come across as anti-Semites, Gwynedd council added, “It must be made clear that the proposal condemned the Israeli state and not the Jewish religion.”

The British government earlier this year issued guidelines for public authorities which say these boycotts are “inappropriate” without formal legal sanctions or embargoes by the national government. In fact, the Cabinet Office has said these boycotts “undermine good community relations, poison and polarize debate, weaken integration and fuel anti-Semitism.”

But Labour Party leader Jeremy Corbyn, whose party has been ridding itself of an industrial-size stash of anti-Semitic members in recent days, criticized the government’s warning against BDS as an “attack on local democracy.”

David Israel

UPDATE: Givat Ze’ev Synagogue Activists Call for Civil Disobedience to stop Demolition

Tuesday, November 3rd, 2015

UPDATE 10:50 PM There are reports of trucks carrying bulldozers coming up Route 443 to Jerusalem. This could mean that police will try to position the machinery in place before local residents organize to block them.

UPDATE: The Supreme Court will hear from the State’s Attorney Wednesday at 8:30 AM, regarding the decision to demolish the Ayelet Hashachar synagogue in Givat Ze’ev. So far Chief Justice Miriam Na’or has not indicated that she intends to postpone the demolition order, and so the deadline for razing the synagogue is still Thursday.

The campaign against the demolition has been calling the public to arrive at the synagogue in order to protect it with their bodies, to prevent the demolition. One of the leading activists in the fight told Srugim that there is concern the police would arrive late at night and block access to the synagogue, to prevent attempts at civil disobedience. Residents are afraid police will also take over the place Tuesday tonight, as they have done countless times in such cases in the past, and will await the instructions of the court, to halt the demolition or to go ahead with it. In the past, on such occasions, police have been known to “jump the gun” and demolish the contested property during the night, even before receiving the final court order.

Leaflet calling on Jews to protect the synagogue with their bodies

Leaflet calling on Jews to protect the synagogue with their bodies

Following an evaluation by the police, the High Court decided to delay the demolition of the Ayelet Hashachar synagogue by three weeks. It was slated for destruction tonight.

The High Court decided that the synagogue must be destroyed as the Jewish owners couldn’t prove to the court’s satisfaction that their land purchase was from the rightful owner.

The son of the Arab they bought the land from claimed his father bought it from the original Arab owner and then resold it. The son of the original owner claims his father never sold the land.

One of the Arabs is lying, but no one knows which, and the High Court has decided in favor of the original owner, but originally delayed the destruction to see if a compromise could be reached or more documentation could be found.

Despite paying for the land once and in full, the synagogue has offered to also pay the original owner’s son in full, including back rent, just to end the controversy, but the original owner’s son has rejected the offer, and has demanded the synagogue’s destruction. The original owner is being assisted by the “Yesh Din” NGO.

It is not clear, if that would be sufficient anyway, as additional heirs could still come forward and claim that first son did not have the exclusive right to sell it.

The synagogue has several hundred members.

Jewish Press News Briefs

Secular Leftists Applaud New Hareidi Minister

Wednesday, September 2nd, 2015

The lion and the lamb are at peace with each other in the Knesset, at least for a day.

Hareidi Knesset Member Yaakov Litzman took the pledge of allegiance to the government Wednesday and became the first Ashkenazi Hareidi minister since the days of the Ben-Gurion government.

He said at the swearing-in ceremony:

“I, Yaakov Litzman, pledge…to be faithful to the government of Israel and to its laws.”

Unlike the Shas Hareidi party, Yehadut HaTorah (United Torah Judaism) has refrained from allowing its Knesset Members to become a full-fledged Cabinet minister, which would obligate them to government decisions.

Until today, the prohibition was carried out with a wink and a nod by virtue of simply allowing a UTJ MK to hold the position of “Deputy Minister” without being subordinate to a minister. In Litzman’s case, he has been “Deputy Health Minister” but a de facto minister, reporting to no one but himself and without being a member of the Cabinet.

The High Court put an end to the practice by agreeing with a complaint that there cannot be a “de facto minister.”

Torah sages last week met and agreed to allow Litzman to become a full-fledged member of the Cabinet. Today’s swearing-in ceremony was applauded by most of the opposition, including Merav Michaeli, one of the most leftist and secular members of the Zionist Camp party headed by Yitzchak Herzog.

The party, the result of a merger of the Labor party and the faction that was headed by Tzipi Livni, was part of the overwhelming majority in the 83-10 vote in favor of the appointment of Litzman.

Yisrael Beiteinu, headed Avigdor Lieberman, voted against the appointment, as did Meretz, which added that it had nothing personal against the Hareidi MK.

 

Tzvi Ben-Gedalyahu

Court Bans Yehuda Glick from Temple Mount because He Has a Camera

Thursday, August 6th, 2015

Did you know that a camera is a tool of incitement?

The High Court on Thursday accepted a lower court ruling that Rabbi Yehuda Glick cannot visit the Temple Mount, and it refused to hold a hearing on his appeal.

It simply accepted the lower court’s decision that puts its stamp of approval on the argument by police:

The fact the Yehuda Glick ascends the Temple Mount with a camera proves he not just an innocent visitor.

Glick is the Number One enemy of the police on the Temple Mount. He never shouts, never incites and never raises a hand. That is just the type of peaceful Jew on the Temple Mount that the police and liberal establishment media cannot tolerate.

They prefer someone with a snarl on his face and words of hate on his lips.

Glick is a tough customer, but the police finally got the goods on him: He always takes a camera with him.

Photographing  Muslims in a rage against a Jew visiting the Temple Mount, especially one like Glick who believes that Jews should have the right to pray at the holy site, as provided in general terms in the Jordan-Israel peace treaty, could make problems because it is not good PR for the police, the Muslims and Jordan.

Even worse, Glick’s camera might catch the police running away from furious Muslims.

And since Glick’s appearance with a camera infuriates the Muslims, it is a tool of incitement.

Believe it or not, all of the judges have a degree in law.

Tzvi Ben-Gedalyahu

Printed from: http://www.jewishpress.com/news/breaking-news/court-bans-yehuda-glick-from-temple-mount-because-he-has-a-camera/2015/08/06/

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