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August 28, 2016 / 24 Av, 5776

Posts Tagged ‘Israeli Supreme Court’

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.”

JNi.Media

Rightwing Watchdog Urging Action on Fake Arab Settlement Susya [video]

Wednesday, August 17th, 2016

Israeli legal watchdog Regavim has appealed to its supporters in Israel and abroad to write to Prime Minister Netanyahu and Defense Minister Avigdor Liberman to take action against the illegal squatter camp in Susya. The call comes one day after the Israeli Supreme Court has given government a two-day extension on the deadline to deal with the issue through legal means.

There has been immense public pressure on the Netanyahu government by the US State Department, the European Union and dozens of anti-Israel NGOs, to halt the legal process of evicting the illegal Arab squatters who only arrived in Susya over the past few years. The Arabs’ assortment of lean-tos and tents borders on a legal Jewish community that was established by the government in 1986. Should Israel permit this illegal outpost to remain, in Area C of Judea and Samaria which was designated for Jewish settlements, more camps like it will soon dot the landscape everywhere inside the Jewish area of the “disputed territories,” enhancing the Arab side of the dispute.

Regavim released a video call-to-action in which the organization’s International Director Josh Hasten called on supporters to rally around the government as they deliberate on the fate of the squatters’ camp. Explaining the importance of the Susya case, Hasten says the Arab squatters “have set-up shop deliberately on an ancient Jewish town that existed 1,500 years ago — this is a litmus test to see if the government of Israel is willing to uphold the laws of the land.”

Hasten urges viewers to “get involved, let the Prime Minister know that the State of Israel and people of Israel are behind him and we are here to strengthen him in making this decision which is necessary to uphold the laws of the land.”

David Israel

Court Siding with Terrorist’s Families who Refuse Police Conditions for Releasing the Bodies

Wednesday, August 10th, 2016

Last week the Israeli Supreme Court issued a decree to show cause against the state prosecution, to explain why it would not release for burial the bodies of terrorists who committed violent crimes in Israel. Recently the Netanyahu government has adopted a policy whereby those bodies are not released automatically and are being kept at the Institute of Forensic Medicine in Abu Kabir.

This renewed demand by the high court came following an earlier ruling where the court had ordered the bodies of terrorists be released in exchange for families’ commitment to conduct quiet funerals, without anti-Israeli incitement. The judges approved of the requirement seeing as the hearing was held during the holy month of Ramadan, when Arabs have customarily expressed their religious feelings through rioting in the streets and throwing stones and firebombs at innocent civilians.

But the reality of those cases has been a complete reneging of every commitment made by the families in almost every instance. A funeral that was conducted for terrorist Ala Abu Jamal from Jabel Mukaber, who carried out a bloodthirsty attack on Malkhey Israel Street in downtown Jerusalem, quickly deteriorated into a massive riot. As Internal Security Minister Gilad Erdan later put it, “The terrorist families simply lied to the high court. It’s a shame that the court chose to believe them and pressured police to hand over the bodies before Ramadan.”

Interestingly enough, the terrorists’ families are using exactly that argument in their newest appeal to the high court, saying that since Ramadan is long over, there’s no more justification to release the bodies. Essentially, the Arab petitioners are saying that Arab funerals have always been huge and riotous, rife with incitements against israel, so why stop now?

According to NRG, Jerusalem Police this week approached the family of Baha Alyan, who carried out a murderous attack on a bus at the Armon Hanatziv neighborhood, to negotiate the body’s release. Police offered to hand over the body in exchange for a late night funeral, with only 15 people present. The family eventually refused those terms and police pulled back their offer.

David Israel

Complying with Ottoman Law, IDF Panel Revokes Jewish Community’s Land Ownership

Monday, August 8th, 2016

The IDF Appeals Committee in Judea and Samaria has ruled recently that the 2013 declaration of an area of some 55 acres in the vicinity of Kokhav Ya’akov, between Jerusalem and Ramallah, as state land is null and void, because the process of making the acquisition was improper, Ha’aretz reported Monday. The military panel was also critical of the lack of transparency in making the declaration public — meaning that it was being kept out of PA Arabs’ earshot.

The panel’s ruling on an appeal by NGO Yesh Din on behalf of alleged Arab land owners, is more a judicial recommendation to the IDF in the area than a compelling decision, but should the declaration of state land be appealed in the Israeli Supreme court — as it surely will be — the panel’s decision would influence the justices’ ruling.

The grounds for dismissing the government acquisition of the land has to do with its failure to adequately comply with Ottoman Law — a remnant of the Turkish government’s rule over these lands before 1918, which continues to be the law of the land; and will continue to be so as long as Israel fails to impose Israeli law on Area C, where Jews live.

Ottoman law says that a man can establish claim to his land if he can show that he has been tilling it for the previous ten years. The state tried to comply with the law by providing aerial photographs of the area from 1969, showing clearly that the land was not being cultivated.

However, the dissemination of lands to local Arabs by King Hussein, who ruled the area from 1949 to 1967, took place in 1961. So the panel ruled that the aerial photos proving the land was not being cultivated had to be from before 1961, and, according to the state, such photographs could not be found.

There are photographs from 1944 showing that some of the land was being tilled then.

The judges wrote that they were not convinced the state had made the full effort to discover those 1956 aerial photographs, and that without them the panel must rule that the situation back in 1944 continued uninterrupted through 1961. Of course, the decision to require a photograph from before 1961 assumes that when King Hussein handed over lands to the heads of local Arab clans (whom he viewed as a source of potential rebellion) — he had the right to give those lands away. But Hussein was never recognized universally as the sovereign of the “West Bank,” which was considered an occupied territory, along the 1949 armistice border with Israel.

Local residents of Kokhav Ya’akov say they have also purchased the land, but regardless of the ownership papers they would present to the high court, organizations like Yesh Din will rustle up a group of Arab claimants to the land, with papers freshly minted by the Palestinian Authority in Ramallah showing the land belongs to them.

According to NGO Monitor, Yesh Din operates on an annual budget of $1.58 million, provided by the EU, UK, Sweden, Switzerland, Denmark, the Netherlands, Norwegian Refugee Council, Catholic Agency for Overseas Development, HEKS (Switzerland), Norway, Ireland, Germany, and Oxfam-Novib (Netherlands).

David Israel

Report: Government Supports Electric Company Blackouts over PA Debt

Monday, August 8th, 2016

According to an Army Radio report, the Israeli government has altered its position on permitting the Israel Electric Company to halt service to various Arab cities in Judea and Samaria for lack of payment of an accrued debt reaching $450 million. The money is owed by the Jerusalem District Electricity Company (JDECO) and the Palestinian Authority. A few months ago, the IEC began a selective disconnection for a few days at a time of individual Arab cities, the PA appealed to the Israeli Supreme Court and the court placed an injunction on the practice pending a hearing.

The state has now responded to the PA cities’ petition,with a supporting statement by deputy head of the Israeli National Security Council Jacob Nagel, saying that while the government has the authority to order the IEC to continue providing electricity regardless of the Arabs’ huge debt, it also has the authority to approve of the blackouts as a means of encouraging payment, and as of now the concerned entities, including the political echelon, have decided to let the IEC do as it pleases to recoup the debt.

This marks a 180 degree change in Israel’s traditional policy which preferred to spend Israeli taxpayers’ money to pay for the PA deadbeats, to prevent a global protest of how the Israelis are depriving the Palestinians of electricity. In fact, it was the current head of Mossad, Yossi Cohen, who, back when he was head of the NSC, joined with then Defense Minister Moshe Ya’alon and the Coordinator of Government Activities in the Territories (COGAT) to compel the IEC to bite the bullet and continue to provide free electricity to the PA.

This, according to the Army Radio report Monday, is no longer the government’s position. The Supreme Court injunction will remain in place for the time being, but once there is a hearing, the court would have to abide by the opinion of the sovereign government and permit the IEC to do what it takes to collect from its PA customers.

It could mean those PA folks would be stuck without their Internet connection and the world would be spared many gigabytes of incitement.

David Israel

AG Recommends Evacuating Amona, Residents Hoping for Political Rescue

Monday, August 8th, 2016

Attorney General Avichai Mandelblit said on Sunday that there is no legal obstacle barring a review of the status of lands adjacent to the community of Amona in Benjamin regional council, to start a discussion of potentially moving there the residents of the community which has been slated for demolition by the end of the year by the supreme court. Mandelblit spoke at a discussion with government officials of regulating the status of Amona.

The Israeli Supreme Court ruled in 2006 that the Amona community is illegal under Israeli law, based on petitions of presumed original Arab owners of the land who had been rounded up by anti-Zionist groups like Peace Now and Yesh Din. Since then, the court has ruled again on the Amona case, ordering that the Jewish residents must be evacuated, the housing and infrastructure destroyed and the area be handed to the Arabs.

According to the Amona residents, when the community was founded in 1995 it was by a state initiative, promoted by then housing minister Natan Sharansky, who invested millions of dollars in creating an infrastructure, paving roads and promoting construction, all of it under the auspices of the state. If there were irregularities with the land purchase, it was the state’s problem, not theirs. Had they known the land was privately owned they would have stayed away, but they were told by the state to move in — let the state deal with the alleged original owners.

It should be noted that when Mandelblit was being considered for the AG appointment, he was favored by the right for his idea that in just these kinds of cases, with anti-Jewish settlement activists signing up claimants against existing Jewish communities in Judea and Samaria, and the claimants prove ownership (which is not so hard to do considering the land registration archives are kept in Ramallah, seat of the Palestinian Authority) — said claimants be compelled to accept fair market value for the property, or comparable property. Mind you, this is after some Arab real estate agent had received full pay for the same land.

Now, despite his wise recommendation on grandfathering existing Jewish communities, the AG is obviously feeling that he can’t go to battle against a clear Supreme Court ruling to demolish Amona, and so he recommends finding an alternative land not for the alleged Arab owners, but for the very real Jewish residents instead.

Amona was the site of one of the most brutal attacks of Israeli government forces on Jewish residents in the state’s history. On February 1, 2006, Amona Jewish residents and protesters were evacuated by 10,000 Israeli Police, Border Police, and Army troops. The estimated 4,000 Jews on the Amona grounds mostly consisted of youths from nearby communities. More than 300 were injured, including some 80 security personnel. Among the injured were three Knesset members. After several hours, the Amona homes had been demolished. A few girls that were evacuated accused police officers of sexual assault.

In March 2006, the Knesset parliamentary inquiry into the events at Amona determined that security forces had employed brutal force, striking protesters with clubs and charging them with horses. Internal Security Minister Gideon Ezra was criticized for preventing police commanders from testifying at committee hearings. The committee also found contradictions between the testimonies of the Army Chief of Staff and the Internal Security Minister.

Today, none of the coalition parties wants to position itself behind a similar evacuation effort, a move which could kill their political aspirations among their rightwing voters. Likud, Habayit Hayehudi and Yisrael Beiteinu officials have stated recently that this government will not permit the destruction of Amona. When the brutal evacuation took place in 2006, it was carried out by the same government that had evacuated Gush Katif in the Gaza Strip in 2005, yet another traumatic event in recent Israeli history. That government was ruled by the Kadima party, a political albatross invented by soon-to-go-comatose Prime Minister Ariel Sharon, which has since disappeared from the political map, and serves as a warning to all Israeli rightwing parties wishing to err leftward.

With that in mind, it can be expected that Prime Minister Netanyahu, Defense Minister Liberman and Justice Minister Shaked come up with a solution that keeps the Jewish settlers in place, risking the ire of the high court, as well as of Israel’s many friends in the free world. It should provide for great political theater, as these three politicians will show their ability to both capitulate and gravel while proudly standing erect. It’s time to call in the chiropractors.

JNi.Media

Printed from: http://www.jewishpress.com/news/breaking-news/ag-recommends-evacuating-amona-residents-hoping-for-political-rescue/2016/08/08/

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