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February 19, 2017 / 23 Shevat, 5777

Posts Tagged ‘Israeli Supreme Court’

Minister Ariel: If AG Can’t Defend Law Saving Amona, Let’s Get an Attorney Who Can

Monday, October 31st, 2016

Agriculture Minister Uri Ariel (Habayit Hayehudi) may end up being the politician who broke the iron hold of the judicial civil service on Israel’s democracy — when all along we were certain it would be his teammate, Ayelet Shaked.

In years past, when the Attorney General, who serves both as the executive officer for Israel’s law enforcement agencies and as the government’s legal counsel and litigator, would tell ministers that he could not defend a certain legislation before the Supreme Court, that was the end of said legislation. Which is why, early on in her term as Justice Minister, Ayelet Shaked (Habayit Hayehudi) was looking to cut the job in half and hire one person to manage law enforcement, and another to manage the government’s legal affairs. But she couldn’t find enough support for the idea and, possibly, didn’t want to appear too radical so early in her administration.

Now, as the government is mulling legal means of bypassing a draconian Supreme Court decree calling for the demolition of the community of Amona in Samaria over a lawsuit by phantom Arab owners—the entire affair has been managed by Peace Now and other anti-Zionist NGOs—the AG, Avichai Mandelblit, on Sunday announced, through his deputy, Avi Licht, that he could not defend the proposed Regulation Act before the high court.

The bill compels Arab claimants against existing Jewish communities in Judea and Samaria to be treated like similar claimants inside green line Israel: if it can be shown that the land indeed belongs to them and the construction on it had been done illegally, the court rules on an amount, usually fair market value plus a fine, to be paid out by the defendant. No one inside 1949 Israel has ever demanded that standing buildings be struck down to remedy such a situation.

But over in Judea and Samaria, the Israeli Supreme Court has been riding high for years, insisting that the only remedy, even in cases in which there is no living and breathing claimant, the only acceptable remedy is destruction.

The cabinet decided to delay their discussion of the proposed Regulation Act until next week, to give the state time to petition the court for a postponement of the demolition date, December 25, 2016. It’s doubtful the Miriam Naor court, which has already voiced its exasperation over the Netanyahu government’s failure to carry out its demolition order for Amona given back in 2006, would grant yet another delay. As we noted earlier, should the court not grant a delay, Deputy AG Licht told the cabinet that his boss is not prepared to defend the proposed law before the high court.

Minister Uri Ariel then issued a statement saying, “I regret the prime minister’s decision to postpone the debate on regulating communities, most importantly Amona. It is an unjust decision which contradicts the prime minister’s own announcement two and a half months ago. We will continue to promote the Regulation Act despite the difficulties.”

And then Ariel released a shot across the bow of the AG’s office: “The AG’s statement regarding his inability to defend the state under certain conditions is unacceptable, and I hope he will change his mind. Should the AG not be willing to defend the new law at the Supreme Court, we’ll demand private representation, rather than give up our righteous struggle.”

And that’s how you teach a civil servant about the limits of his office.

JNi.Media

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.

JNi.Media

Ha’aretz on Warpath Against New Hebron Jewish Housing

Tuesday, August 23rd, 2016

Ha’aretz writer Yotam Berger, who on Monday reported on the new housing construction project planned for Jewish Hebron, followed his story with a tweet addressed to @White-House, in which he noted (in Hebrew), “For your information, the State is planning new construction in the Jewish settlement in Hebron.” Although it’s puzzling why Berger didn’t tweet in English, or ask someone at the paper’s English language website to help him translate, the panicky urgency of the tweet is unmistakable.

Yotam Berger Tweet

Monday’s report was followed Tuesday morning with a leading editorial titled, “Provocation in Hebron,” which warns that “Hebron is a permanent focal point for tension and confrontations between Jews and Palestinians. Any change in the urban structure and any additional Jewish presence in the city would only increase the potential for violence and the Palestinian protest. Those who complain day and night about Palestinian incitement cannot wash their hands of responsibility when they approve a construction project that is unmatched in its capacity to cause rage and hatred.”

The same editorial accuses Israel of “robbing lands” and Prime Minister Netanyahu of lying when he says he wants to negotiate peace because he is creating facts on the ground that would increase the demand for concessions on the PA.

The part about robbing lands is a purely pro-Arab perspective on the acquisition of the land for the new construction. The fact is that Ha’aretz’s own report on Monday cites Hebron spokesman Noam Arnon, who said the lands to be used have been owned by Jews since before 1948. “The area has always been known as belonging to the Jewish community, and if they return to living there I’m sure every justice-loving person would rejoice about it,” Arnon said.

What Ha’aretz and Peace Now, as well as the Arabs, are objecting to is the fact that in a situation where the slated area is comprised of Jewish owned lands and lands that were confiscated by the IDF back in 1983, the Jews will win out. The Jewish owned land will be turned into Jewish housing, while the confiscated land — where the city of Hebron used to maintain a central bus station that has been relocated in 1983 — that land remains confiscated.

So, according to Ha’aretz, the Jews who utilize their legally owned lands are robbers, because the IDF is holding on to lands that were confiscated from the Arab municipality.

A map of Hebron. The yellow area is Arab, where Jews are not allowed to set foot. / Wikipedia commons

A map of Hebron. The yellow area is Arab, where Jews are not allowed to set foot. / Wikipedia commons

The Israeli Supreme Court in 1979 ruled that land that was confiscated by the IDF for military purposes cannot be turned over for Jewish settlement. And so Ha’aretz, the anti-Israel NGOs and, supposedly, some Arabs, are implying that the Jews of Hebron have somehow violated the court ruling, which they never have done.

The decision to permit new housing construction in H2 (the Jewish sliver of Hebron) was made under the Moshe Ya’alon administration at the Defense Ministry, and it has now been confirmed by his successor, Avigdor Liberman. It isn’t clear how many housing units can be pushed into the area, which is about half an acre, including the military-confiscated parts which are verboten. Unless they build a high riser, the common land use for half an acre of suburban housing is between 15 and 25 units. If that many homes for Jews have the power to derail peace negotiations then maybe Israel should think the entire peace process on account of facing unimaginably rigid partners.

JNi.Media

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

Printed from: http://www.jewishpress.com/news/breaking-news/court-siding-with-terrorists-family-who-refused-police-conditions-for-releasing-his-body/2016/08/10/

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