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December 5, 2016 / 5 Kislev, 5777

Posts Tagged ‘justice’

Justice Ministry Issues List of 27 NGOs that Must Disclose They Work for Foreign Entities

Thursday, June 2nd, 2016

The Justice Minsitry NGO Registrar on Thursday published the official document detailing the 27 NGOs and Associations which would be compelled to mention in all their official literature that the bulk of their funding comes from foreign countries, and their representatives would have to wear special ID tags while visiting the Knesset — should the “NGO Law” be passed. The law was initiated by Justice Minister Ayelet Shaked (Habayit Hayehudi).

The list was published upon request by five opposition members of the Knesset Constitution Committee of the Knesset legal adviser Eyal Yinon, after the Committee Chair, MK Nissan Slomiansky (Habayit Hayehudi), had refused to reveal the list. The opposition members were concerned that Slomiansky refuses to share the list because it proves that the law affects primarily leftwing organizations.

The list notes the names of the NGOs, next to their annual turnover, the amount they received from foreign entities and the percentage of their income those foreign funds constitute.

Attorney Talia Sasson, President of the New Israel Fund, said on Thursday that about half the NGOs on the list receive funding from NIF.

In 2005, Talia Sasson issued the Sasson Report, an official Israeli government report that concluded that Israeli state entities had been discreetly diverting millions of shekels to build settlements and illegal outposts in Judea and Samaria. The report was rife with inaccuracies and outright lies, including intentional misquotes of the dates when settlements had been approved so that they would appear illegal.

Here are a few choice NGOs who are, for all intents and purposes, foreign agents working to influence Israeli policy:

B’Tzelem | Annual turnover: $2,353,140.50 | Foreign donations: $1,615,337.99 | % Foreign donations: 69%

Breaking the Silence | Annual turnover: $984,838.30 | Foreign donations: $594,868.58 | % Foreign donations: 60%

Committee Against Torture in Israel | Annual turnover: $604,243.26 | Foreign donations: $606,809.34 | % Foreign donations: 100%

Akevot: Trace: Institute for the Study of the Israeli-Palestinian conflict | Annual turnover: $118,907.99 | Foreign donations: $118,909.79 | % Foreign donations: 100%

Hallo Trust Ltd. | Annual turnover: $1,099,469.33| Foreign donations: $1,019,386.18 | % Foreign donations: 93%

The NGO Ir Amim, which on Thursday appealed to the Supreme Court to ban Jerusalem Liberation Day flag marchers from entering the Muslim Quarter Sunday, has an annual turnover of $844,539.90, out of which 64%, or $537,405.17 come from foreign entities. It is the most current and vivid example of how the will of the majority of Jews living in Israel is being directly subverted using millions of dollars from groups which are often the declared or tacit enemies of the Jewish State.

It should be noted that US organizations that receive any of their funding—not 50% or more as the Shaked bill demands—from non-American sources must register as foreign agents in their dealing with any of the branches of government.

David Israel

Report: Ambitious Justice Minister Using Polanski Extradition to Pave Own Career

Tuesday, May 31st, 2016

Polish Justice Minister and Prosecutor General (in Poland you can be both) Zbigniew Ziobro on Tuesday declared that he plans to appeal a Polish court ruling not to extradite 82-year-old, Oscar-winning film director Roman Polanski, to face charges of jumping bail for a 1977 case of statutory rape, news agencies reported. Ziobro told Polish radio that the reason for his attempt to extradite Polanski is that “he is accused of a terrible crime against a child, the rape of a child.”

Justice Minister Ziobro has gained a reputation in Poland of a stickler for the law, but also of being a polarizing figure in Poland’s politics. His uncompromising prosecutorial style has earned him the title of Man of the year for 2006, awarded by Newsweek-format Wprost magazine. But his policies have been criticized as partisan and overzealous by local and international press.

According to Wprost, Ziboro has turned the Polanski extradition into one of his pet campaign issues, and last October, after a Krakow Regional Court ruled against the extradition of Roman Polanski to the United States, Ziobro promised to take action to extradite Polanski. “Mr. Polanski cannot stand above the law,” he declared. “Therefore, I believe that the future minister of justice, whoever he may be (wink, wink, nudge, nudge) should agree to extradite Polanski to the United States. There can be no protection from responsibility due to the status of a person for such heinous acts, such as sexually abusing a minor in the absence of her parents. Pedophilia is evil and must be definitely removed.”

Krakow Regional Judge Dariusz Mazur wrote in his October ruling that “had Poland accepted the US extradition request, it would have violated the rights of Mr Polanski and at the same time the European Convention on Human Rights.”

Jerzy Stachowicz, an attorney for the aging Polanski, told AFP: “We were expecting this. Ziobro had previously announced he was going to do this. For the moment, we won’t be commenting because we don’t know whether he has already done it or whether he is about to do it.”

Presumably, Polish defendants receive some manner of notification in these instances.

Roman Polanski / Photo credit: FICG.mx

Roman Polanski / Photo credit: FICG.mx

In 1977, Polanski was arrested in Los Angeles and charged with five counts against Samantha Gailey, 13: rape by use of drugs, perversion, sodomy, lewd and lascivious act upon a child under 14, and furnishing a controlled substance to a minor. At his arraignment Polanski pleaded not guilty to all charges, but later accepted a plea bargain which dismissed the five initial charges in exchange for a guilty plea to the lesser charge of engaging in unlawful sexual intercourse. Polanski underwent a court-ordered psychiatric evaluation, followed by a recommendation of probation. But according to the documentary “Roman Polanski: Wanted and Desired,” things changed after a conversation with LA Deputy District Attorney David Wells and the judge, Laurence J. Rittenband. Polanski’s attorneys insist that the judge suggested to them he planned to send the director to prison and order him deported. In response to the threat of imprisonment, Polanski fled the United States, first to England, then to Paris. He was born in Paris in 1933 to Polish Jewish parents, and his family returned home to Poland just before World War II.

JNi.Media

Israel’s Justice Ministry to Criminalize Torture in Interrogations

Wednesday, May 4th, 2016

Israel’s Justice Ministry is working on a bill to declare torture of suspects during an interrogation a criminal act, Israel’s Deputy Attorney General Dr. Roy Schöndorf (International Law) on Tuesday told a panel of the United Nations Convention against Torture (UNCAT) in Geneva. The proposed new law is yet to receive the endorsement of Justice Minister Ayelet Shaked or of AG Avichai Mandelblit, and it will certainly face stiff opposition from the security apparatus and possibly from Prime Minister Netanyahu.

According to Ha’aretz, it isn’t clear at this point whether the proposed law would recognize the Israeli Supreme Court’s allowance for a “ticking bomb” situation.

Recently, in the Duma village arson/murder investigation, the ticking bomb provision was expanded by former AG Yehuda Weinstein to include, essentially, any prisoner out of whom Weinstein wanted to squeeze a confession, or the “ticking shmicking, you make him talk” rule.

Article 1.1 of the Convention against Torture defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him, or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”

The Committee against Torture (CAT) is a body of human rights experts that monitors implementation of the Convention by State parties. Members are elected to four-year terms by State parties and can be re-elected if nominated.

The Israeli Supreme Court 1999 decision prohibited the use of violent interrogation means, in the absence of a law that sets clear limits in this area. According to that ruling, Shabak interrogators are not allowed to use shaking and creative tying up of prisoners, nor can they use sleep deprivations. But then AG Elyakim Rubinstein issued directives specifying in which cases Shabak interrogators would not be indicted for shaking, tying up and sleep-depriving their prisoners.

Dr. Schöndorf and the rest of the Israeli delegation are expected to appear again on Wednesday before the CAT, to respond to a few concerns raised yesterday by the committee regarding the new legislation.

JNi.Media

Analysis: Bennett Threatening to Walk If Bibi Gives Shaked’s Justice Portfolio to Bougie

Tuesday, May 3rd, 2016

Two left-leaning Israeli media outlets, Ha’aretz and Channel 10, on Monday signaled the formation of advanced negotiations between Prime Minister Benjamin Netanyahu (Likud) and Opposition Leader Itzhak Herzog (Zionist Camp a.k.a. Labor) to build a broad coalition. The talks, which have been egged on by Finance Minister Moshe Kahlon (Kulanu), were interrupted by police investigation of Herzog over election corruption charges. Now, as it appears that the investigation is about to be concluded without a recommendation for an indictment against the son of Israel’s late president and grandson of Israel’s late Chief Rabbi, the rumors of new talks have returned to the foreground in full force—but, as we noted, mostly from the left. Is it wishful thinking or reality?

Ha’aretz on Monday framed the story as a new confrontation between Habayit Hayehudi Chairman Naftali Bennet and the prime minister. According to the daily, Bennett has been threatening that if Netanyahu transfers the Justice portfolio from his party’s number 2 Ayelet Shaked to an incoming Labor minister, the National Religious would depart the coalition. Bennett is quoted as having said “behind closed doors” that “we see in the Justice portfolio an essential issue, which would mean the same as changing the government’s guidelines agreement. It’s not just a personnel issue.”

Ha’aretz, which has been advocating the kicking of Bennett et al to the curb since about the time Netanyahu presented his 61-seat coalition, relishes the story which it presents as the first ultimatum made by a coalition party leader this term. That is, of course, inaccurate, not only because said ultimatum is yet to be voiced publicly, but because Haredi MK Yisrael Eichler in March voiced an actual ultimatum regarding the reversal of Netanyahu’s permissive policy regarding the Reform and Conservative in Israel.

Ha’aretz cited a “senior Likud member” who insisted that the Justice portfolio is, nevertheless, on the table, because Netanyahu is convinced that he can’t go on much longer with his tiny and fragile majority. Over the Winter Session, the PM was blackmailed by several of his members, which cost him a few key votes and ended up costing his government an arm and a leg in flying to Israel hordes of Ethiopian Christians who may or may not have Jews somewhere in their background—all because two pro-Ethiopian Likud members stayed out of the plenum when they were most needed.

But an examination of the reality in both Netanyahu’s coalition and Herzog’s opposition reveals several hurdles the two leaders may not wish to tackle, never mind jump, at this point. There’s little doubt that Bennett, whether he threatened or didn’t threaten with an ultimatum “behind closed doors” would leave the coalition in a huff over Netanyahu’s violation of the coalition guidelines. He will then join with Avigdor Lieberman’s Israel Beiteinu in a rightwing block that would make Netanayahu’s life miserable at every turn, and will certainly cost him a hefty chunk of the Likud base. With several Likud members already barricading themselves along the party’s rightwing wall, this could mark the beginning of the end for Bibi.

But that’s not all. Despite the fact that about a third of Labor, especially the Histadrut trade union chairman Avi Nissenkorn, are very much in favor of joining a Netanyahu government without Habayit Hayehudi, a third of the party—those MKs who don’t stand to gain portfolios or committee chairmanships—are only somewhat inclined to follow, and a third, led by Herzog’s chief opponent MK Erel Margalit, are vehemently opposed to the move and will surely vote with the opposition on most issues.

So that even if Netanyahu manages to wed Herzog, he won’t be getting much more than half his seats as a dowry. He’d be giving up a sure 8 seats and getting in return an iffy 12 to 16, with a chance for open rebellion in the Likud’s right flank.

JNi.Media

Justice Minister Commits to Enforcing Sovereignty in Area C

Monday, May 2nd, 2016

Justice Minister Ayelet Shaked (Habayit Hayehudi) on Monday stated that she is working, together with AG Avichai Mandelblit, on an outline for imposing Israeli law on the Israeli-controlled part of Judea and Samaria. Established by the 1993 Oslo accords as Area C, it covers 60% of Judea and Samaria and is home to an estimated 350,000 Jews who live in 225 communities (including outposts yet to be approved), and 30,000 Arabs. Israel already has control over security and land-management in Area C, and many in Israel view the area, for all intents and purposes, as a future part of Israel, as opposed to Areas A and B, which were designated as the foundation of a future Palestinian autonomous territory.

Speaking to Army Radio, Shaked said she plans to appoint a committee based on the new outline, to examine every law passed by the Knesset and decide whether it can be imposed concurrently on the Jewish communities in Area C as well, via a military decree (Tzav Aluf). Past attempts to impose an automatic application of new Israeli laws in Judea and Samaria have failed, including two separate attempts by Habayit Hayehudi. These included a minimalist bill to apply Israeli laws in the “Jewish communities of Judea and Samaria,” and even a bill prohibiting discrimination in the supply of goods and services to Jewish communities in Judea and Samaria, which has been waiting for a Knesset vote since 2011.

Shaked is hoping that establishing “a team who will examine every single law” for its applicability in Judea and Samaria will indirectly create a promotional device that would be on hand to pressure the IDF General Officer Commanding (GOC) and the Coordinator of Government Activities in the Territories (COGAT) to pay better attention.

At the moment, the legal picture in Area C is very complex, whereby the law there is comprised of Ottoman and Jordanian laws, combined with military decrees of the GOC, with the Supreme Court playing referee. In recent years there has been a growing tendency on the part of the GOC to apply new Israeli laws as soon as they had been passed. Last March the Knesset passed a law enabling settlers to receive on gains inside the green line the same tax benefits they are entitled to in Judea and Samaria; and a law coordinating home buying taxes so settlers won’t have to pay twice. Despite the fact that both laws—which were passed late at night when the leftwing parties were not paying attention—the legislation was condemned as “crawling annexation” of the “occupied territories.” MK Tzipi Livni (Zionist Camp) said it was a quiet way for the Netanyahu government “to impose its ideology.” Which, presumably, is what you do when you win.

The last time Livni’s party was the big electoral winner, she and her partners used their power to transfer some 8,000 Jews from their homes, the first time a Jewish community had been forcibly evicted from its homes since the end of WW2.

On Sunday, in a similar vein, Shaked said that she intends to equalize the legal conditions for Israelis on either side of the green line, either by using the military decree or by new legislation. Speaking at the Legal Forum for the Land of Israel, Shaked added that “It’s important that the Justice Minister have political power and political ability.”

Yes, it is, and this Justice Minister appears to be using hers wisely and bravely.

JNi.Media

Justice Minister Wants More Jewish Law on Israel’s Books

Friday, December 18th, 2015

(JNi.media) Justice Minister Ayelet Shaked accused the Israeli courts of ignoring Jewish law and promised to set up a steering committee to promote implementing the principles of Jewish law in the Israeli legal system, Kippa reported. “As is well known, in practice the courts are ignoring the legislature and the spirit of the law, and rarely draw inspiration from Jewish law, both in statutory interpretation and in filling lacunae in the law,” said Shaked, referring to the Foundations of Law legislation, enacted in the 1980s, directing the courts to rule on issues without a precedence according to “the principles of liberty, justice, integrity and peace of Jewish tradition.”

“They prefer to turn to foreign legal systems and not to Jewish law — which is the products of the best minds in our nation. It is regrettable and we must act to repair the damage,” said Shaked, who spoke at a special session of the Hotam Forum of Torah-based research foundations at the Ramada hotel in Jerusalem Wednesday.

Shaked added that “Jewish law, the masterpiece of Jewish creativity for 2,000 years, is yet to acquire its permanent station in our legal system, probably mainly due to a lack of knowledge about it,” and said that she believes “Jewish law can and must be a link between the values ​​of the past and the present values ​​and needs, not only on the declarative level. To me this link seems essential to the State of Israel as a Jewish state. ”

Shaked cited laws passed by the Knesset such as the Law of the Guards, the Facilitation of Rehabilitation ‏‏‏‏Act, the Do not stand over your fellow’s blood (good Samaritan) law, and the law of the dying, noting that they “were deeply influenced by Jewish law and prove that the link is possible and yields fine fruit.”

Shaked qualified her statements by saying that she does not intend for Jewish halakha to become Israel’s law, saying “obviously we can’t copy verbatim the norms that have been formulated in exile without sovereignty and independence, onto the reality of the Israeli legal system. Our society is not a community but a state, and the socioeconomic reality has changed completely regarding the status of women, the rights of employees, etc. My call is not for a mechanical imposition of Jewish law, but for true and brave dialogue between the Israeli law and our cultural and national sources.”

JNi.Media

Policeman Who Brutally Attacked Amona Protester Gets Slap on the Wrist

Monday, July 20th, 2015

A Jerusalem court handed down a sentence of six months of community service, without a jail sentence, to a policeman convicted of a brutal beating of a protester during the expulsion of residents of Amona in 2006.

Even the judge, Moti Polik, criticized the prosecution for not demanding a harsher sentence for the policemen Moti Mahagar.

IT took nine years before Israel’s screwy judicial system finally handed down the sentence, a year after the conviction and nine years after the crime.

Mahagar would not have been indicted if it weren’t for a video that showed him relentlessly using a club to beat victims entrenched in buildings during the expulsion in Samaria.

Oh yes, Mahagar also was scalped with a fine, a grand total of $7819.53 (30,000 shekels), according to today’s official exchange rate.

Tzvi Ben-Gedalyahu

Printed from: http://www.jewishpress.com/news/breaking-news/policeman-who-brutally-attacked-amona-protester-gets-slap-on-the-wrist/2015/07/20/

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