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May 31, 2016 / 23 Iyar, 5776

Posts Tagged ‘judge’

Israeli Man Sentenced to Life For Burning Arab Teen

Tuesday, May 3rd, 2016

By Michael Zeff/TPS

Jerusalem (TPS) – Yosef Chaim Ben David was sentenced to life in prison on Tuesday evening in the Jerusalem District Court for murdering an Arab teenager last summer. In addition, Ben David is to pay approximately US$40,000 in restitution to his victim’s family.

Ben David was found guilty and convicted on April 19 for the kidnapping, torture and subsequent murder of 14-year-old Arab, Mohammed Abu Khdeir. He was also tried and found guilty of an unsuccessful kidnapping and attempted murder of a Arab youth the night before.

“For the crime of murder, the court sentences Ben David to the mandatory term of 25 years, a life sentence. For the other crimes we issue an additional 20 year prison term on top of the life sentence,” stated the presiding judge in his sentencing.

In total, Ben David will have to serve 45 years in prison.

“The cumulative nature of the sentence was called for due to the cruel nature of his offences,” the judge said.

The 29-year-old convict was the central suspect in the murder along with two other minors, both of whom were already sentenced to 20 year prison terms.

TPS / Tazpit News Agency

National Religious Rabbi Appointed Supreme Rabbinical Court Judge While Court Facing Shutdown

Tuesday, May 3rd, 2016

Following a six-hour debate, the nine-member committee to appoint religious court judges on Monday agreed on only one judge out of the seven who must yet be appointed, by order of the State Supreme Court. Over the objection of Sephardi Chief Rabbi Yitzhak Yosef, Rabbi Eliezer Igra, a national religious scholar, was elected by a vote of seven in favor and two Haredi members abstaining, to be a Supreme Rabbinical Court Judge, and serve on the very committee that had just elected him.

But the singular appointment of Rabbi Igra will not fulfill the ultimatum issued by Israel’s State Supreme Court, which back in January ordered all the missing positions on the Supreme Rabbinical Court to be filled by Thursday this week, or else all the temporary appointments on the court would be revoked and the court would cease to operate.

Nevertheless, Justice Minister Ayelet Shaked (Habayit Hayehudi) called the vote “a tremendous achievement for Habayit Hayehudi,” adding, “I’m very pleased.” She said that the non-Haredi bloc on the committee, which holds a majority of five members, have been suggesting several candidates for the Supreme Rabbinical Court, and they had all been rejected by Interior Minister Aryeh Deri (Shas).

Rabbi Igra studied for ten years at the hesder yeshiva Kerem B’Yavneh, served in the IDF Armored Corps and fought in the Yom Kippur War. He was the Talmud study partner of Yoni Netanyahu, the prime minister’s late brother.

The committee ran into several stalemates on Monday, leaving the Supreme Rabbinical Court short-handed, after several of its members have retired. The Haredi committee members were able to torpedo the proposed appointments of Rabbis David Bass and Uriel Lavi to the supreme religious court, and the National Religious members, for their part, were able to block new appointments the Haredim desired to several local rabbinic courts.

The only reason Rabbi Igra received his appointment had to do with the bad blood between the Sephardi and Ashkenazi chief rabbis, according to the website Haredim 10. Ashkenazi Chief Rabbi David Lau joined the National Religious to usher in Rabbi Igra as revenge against Sephardi Chief Rabbi Yitzhak Yosef for appointing Shas member Moshe Dagan as the Chief Rabbinate CEO over Rabbi Lau’s fierce objection.

David Israel

Knesset Committee Extends Security Prisoners’ 96-Hour Remand by 1 Year

Tuesday, December 15th, 2015

(JNi.media) The Knesset Constitution, Law and Justice Committee on Monday approved the extension by a year of a temporary order that allows interrogators to delay bringing a suspect in a security-related crime before a judge for 96 hours. The order further authorizes the court to extend a suspect’s remand in absentia.

The remand or detention of a suspect is the process of keeping a person who has been arrested in custody, prior to a trial, conviction or sentencing. The word “remand” is used generally in common law jurisdictions to describe pre-trial detention The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offense.

The prohibition of prolonged detention without charge, habeas corpus, was first introduced in England about a century after Magna Carta.

Israel, which sadly does not have a Magna Carta, is currently debating the arrest without charges, remand in absentia and prevention of seeing an attorney in the case of at least three Jewish suspects in the Duma Village arson investigation. In that case the suspects’ incarceration is entering its fourth week in incognito detention.

The existing law allows authorities, under certain circumstances, to delay a suspect’s arraignment, to keep a security-related suspect in custody for a longer period of time than a suspect in another type of crime, to hold hearings in absentia and to limit the suspect’s freedom to appeal court decisions regarding his or her arrest. In addition, the law requires the security bodies that make use of these freedoms to file a biannual report indicating how often this law was implemented.

Deputy Attorney General Raz Nazri said statistics indicate that the Shin Bet (General Security Service) is making use of the temporary order in a “logical and restrained” manner. In 2014, Nazri told the committee, the law was used in cases involving only 23 of 200 relevant detainees, “a relatively high figure compared with previous years.” This year has seen a significant reduction in the use of the law, Nazri said. “The law’s clauses were implemented this year in cases that involved only seven of 341 relevant detainees. The Shin Bet is using this special tool only to prevent the loss of life,” he argued.

In the spirit of Israel being “light unto the nations,” Nazri told the committee that countries around the world “want learn about our use of the anti-terror law.”

Addressing the investigation involving the Jewish suspects, Nazri said “there are no interrogations in the dark; the Shin Bet is not hiding anyone. All of the actions are being accompanied by the attorney general.” He admitted that in this case “irregular measures have indeed been taken, and clauses of the discussed law have been implemented.” In response to a question by MK Uri Maklev (United Torah Judaism), he said the suspects “have been allowed to put on Teffillin (phylacteries) and light [Hanukkah] candles. I personally spoke with the administrator at the facility in which they are being held. Terror is terror. There is no terror law for Arabs and a terror law for Jews. To our regret, there is also severe Jewish terror which sometimes justifies the use of these tools.”

Committee Chairman MK Nissan Slomiansky (Bayit Yehudi) refused to extend the temporary order by two years, as was initially requested. The committee unanimously approved its extension by one year. Addressing the Duma affair, Slomiansky said “if I will learn that there have been deviations from the law, I will hold a special meeting on the issue.”

MK Anat Berko (Likud) said “Jewish terror should be treated like terror, but we must remember that we are facing jihadist Muslim terror.”

JNi.Media

Ilatov: ‘Hatikva’ Must Be Sung By Judges Appointed in State of Israel

Thursday, July 23rd, 2015

Yisrael Beytenu MK Robert Ilatov is determined to ensure the loyalty of judges in the State of Israel. He declared Thursday after his selection to the committee to select judges for the secular courts that “anyone who refuses to sing ‘Hatikva’ is unfit to serve as a judge.”

Ilatov’s appointment to the committee comes as part of a coalition deal with the party.

“In my view, a judge who is unwilling to sing Hatikva cannot be a judge in the State of Israel, which is the nation state of the Jewish people,” Ilatov said in an interview with Galei Tzahal Army Radio on Thursday.

“I have no problem with those who have already been appointed to the bench. I will not appoint someone who on principle is opposed to the idea of the State of Israel as a Jewish state. I don’t need to aid and abet this. So we will have an Arab judge who sings Hatikva. What’s the problem?”

The issue came to the public eye following an incident in which Supreme Court Justice Salim Jubran refused to sing the national anthem during his own swearing-in ceremony.

Justice Minister and MK Ayelet Shaked of the Bayit Yehudi party was diplomatic in her response to Ilatov’s remarks when asked about his position in a follow-up interview on Galei Tzahal Army Radio, but did not endorse the hard line.

“Yes, there was the episode with Salim Jubran,” Shaked said. “There are many excellent Arab judges in the judicial system. A judge needs to stand during the national anthem, but I won’t be looking to see if he is mouthing the words to Hatikva or not. A judge needs to be selected first and foremost according to skills and criteria,” she said.

Shaked added that it is important to have Arab judges in a nation with a 20 percent minority.

Hana Levi Julian

Olmert’s Request to Fly Overseas Denied

Sunday, June 8th, 2014

A judge has denied a request by convicted former prime minister, Ehud Olmert, to fly overseas for a business meeting, according to a YNet report.

The judge also denied a similar request by former Jerusalem city engineer Uri Shitreet.

Both were convicted for their roles in the Holyland corruption scandal. Olmert is set to serve a multi-year prison sentence for his role.

Jewish Press News Briefs

IDF Kills PA Terrorist at Allenby Bridge Crossing

Monday, March 10th, 2014

On Monday morning, a Palestinian Authority Arab tried to grab a gun from an IDF soldier, while yelling “Alahu Ahkbar”, near the terminal at the Allenby Bridge. IDF soldiers, from the Engineering corps, shot and killed the terrorist, according to Galei Tzahal.

The crossing has been temporarily closed following the attack.

The terrorist was identified as Raed Za’eiter (38), formerly of Shechem (Nablus). The Palestinian Authority Prime Minister said that Za’eiter worked as a civil court judge in Jordan.

The Allenby Bridge is the primary land-crossing point between Israel and Jordan. It was first built in 1885 by the Ottomans, rebuilt in 1918, destroyed in 1946, rebuilt again in 1968 (the wood bridge pictured above), and then finally a modern bridge was built adjacent to the wood bridge in the 1990s.

Modern Allenby Bridge

The bridge is also called the King Hussein Bridge.

Jewish Press News Briefs

The Sins of a Leader

Thursday, March 6th, 2014

Leaders make mistakes. That is inevitable. So, strikingly, Parshas Vayikra implies. The real issue is how he or she responds to those mistakes.

The Torah makes this point in a very subtle way. Our parshah deals with sin offerings to be brought when people have made mistakes. The technical term for this is “shegagah,” meaning inadvertent wrongdoing. You did something, not knowing it was forbidden, either because you forgot or did not know the law, or because you were unaware of certain facts. You may, for instance, have carried something in a public place on Shabbat, either because you did not know it was forbidden to carry or because you forgot it was Shabbat.

The Torah prescribes different sin offerings, depending on who made the mistake. It enumerates four categories. First is the high priest, second is “the whole community” (understood to mean the great Sanhedrin, the Supreme Court), a third is “the leader” (nasi), and the fourth is an ordinary individual.

In three of the four cases, the law is introduced by the word “im” (if) – if such a person commits a sin. In the case of the leader, however, the law is prefaced by the word “asher” (when). It is possible that a high priest, the Supreme Court or an individual may err. But in the case of a leader, it is probable or even certain. Leaders make mistakes. It is the occupational hazard of their role. Talking about the sin of a nasi, the Torah uses the word “when,” not “if.”

Nasi is the generic word for a leader: a ruler, king, judge, elder, or prince. Usually it refers to the holder of political power. In Mishnaic times, the nasi, the most famous of whom were leaders from the family of Hillel, had a quasi-governmental role as representative of the Jewish people to the Roman government. Rabbi Moses Sofer (Bratislava, 1762-1839), in one of his responses, examines the question of why, when positions of Torah leadership are never dynastic (passed from father to son), the role of nasi was an exception. Often it did pass from father to son. The answer he gives (and it is historically insightful) is that with the decline of monarchy in the Second Temple period and thereafter, the nasi took on many of the roles of a king. His role, internally and externally, was as much political and diplomatic as religious. That in general is what is meant by the word “nasi.”

Why does the Torah consider this type of leadership particularly prone to error? The commentators offer three possible explanations. Rabbi Ovadiah Sforno cites the phrase “But Yeshurun waxed fat, and kicked” (Deuteronomy 32:15). Those who have advantages over others, whether of wealth or power, can lose their moral sense. Rabbeinu Bachya agrees, suggesting that rulers tend to become haughty. Implicit in these commentators – it is in fact a major theme of Tanach as a whole – is the idea later stated by Lord Acton in the aphorism, “Power tends to corrupt, and absolute power corrupts absolutely.”

Rabbi Elie Munk, citing the Zohar, offers a second explanation. The high priest and the Sanhedrin were in constant contact with the holy. They lived in a world of ideals. The king or political ruler, by contrast, was involved in secular affairs: war and peace, the administration of government, and international relations. He was more likely to sin because his day-to-day concerns were not religious but pragmatic.

Rabbi Meir Simcha HaKohen of Dvinsk points out that a king was especially vulnerable to being led astray by popular sentiment. Neither a priest nor a judge in the Sanhedrin were answerable to the people. The king, however, relied on popular support. Without that he could be deposed. But this is laden with risk. Doing what the people want is not always doing what God wants. That, Rabbi Meir Simcha argues, is what led David to order a census (II Samuel: 24), and Zedekiah to ignore the advice of Jeremiah and rebel against the king of Babylon (II Chronicles: 36). Thus, for a whole series of reasons, a political leader is more exposed to temptation and error than a priest or judge.

Rabbi Lord Jonathan Sacks

Printed from: http://www.jewishpress.com/judaism/jewish-columns/rabbi-lord-jonathan-sacks/the-sins-of-a-leader/2014/03/06/

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