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October 22, 2016 / 20 Tishri, 5777

Posts Tagged ‘law’

Revealed: 10% of 2015 Attacks Perpetrated by Arabs-Turned-Israeli Via Family Reunification Law

Thursday, June 2nd, 2016

A Joint committee of the Foreign Affairs and Defense and the Internal Affairs and Environment Committees, headed by MK Avi Dichter (Likud), on Wednesday recommended that the Knesset plenum extend by another year the emergency provision in Israel’s Family Unification Law.

The provision, the Citizenship and Entry into Israel Law, which was first enacted in 2003 at the height of the Second Intifada, restricts the ability of residents of Iran, Afghanistan, Lebanon, Libya, Sudan, Syria, Iraq, Pakistan, Yemen, the West Bank and Gaza Strip to automatically gain legal status in Israel under the Family Reunification Law.

The Family Reunification Law grants automatic legal status to foreign nationals who marry Israeli citizens.

The provision has been the subject of a tireless match of wills between the Supreme Court, which prohibited making the provision permanent, and the Knesset, which has voted to extend the temporary act as an emergency measure every year since 2004.

Ahead of this year’s vote to extend the act, the joint committee heard testimony from experts and security officials on the effects of the provision.

A representative of the Shin Bet internal security service (Shabak) testified that those seeking reunification with family members in Israel pose a security risk due to the possibility that they would be used to carry out terror attacks or engage in espionage. According to the Shin Bet, 104 citizens or legal residents allowed into Israel under the Family Reunification Law have committed crimes of terrorism from 2001 to 2016. Of those 104, 17 had married Israeli citizens, while 87 were relatives of individuals who had married Israelis.

The Shin Bet official also noted that Arabs joining Israeli society under the Family Reunification Law were playing an increasingly vital role in terrorism. He noted that 73% of terrorists with Israeli citizenship who had committed acts of terror against Israelis since the beginning of the terror wave last September were beneficiaries of family reunification.

Of the 104 terrorists who entered Israel last year, 30 have engaged in terror attacks over the past nine months, the Shabak official said.. He also noted that they were responsible for 13% of all attacks in the recent terror wave.

Attorney Noam Kehan told the joint committee that more than 12,500 people have applied for legal status under the Family Reunification Law.

Attorney Tal Hassin of the Association for Civil Rights in Israel said the procedure in which the temporary act is extended is “improper” and “harms tens of thousands of men, women and children whose only ‘sin’ is that they are Palestinian and are therefore viewed as a security threat.”

MK Ahmad Tibi (Joint Arab List) said “no one is claiming that [those who applied for legal residency status] were themselves involved in activities aimed at harming the security of the state. There is not even one case. How is the Shin Bet’s argument different from the approach of [MK Bezalel] Smotrich (Habayit Hayehudi)? The sons who are born are likely to carry a rifle and carry out a terror attack? This proves that the law is not based on any security-related concern. It is only implemented because you view a love story of a Palestinian couple as a plot against state security.”

MK Anat Berko (Likud) said, “The citizens of Israel have a right to live in security. This is not an arbitrary decision, and the cases speak for themselves. We are in favor of love stories, but if everyone claims there is apartheid [here], why do they want to move the center of their lives [to Israel]? These people can be easily influenced, and they have no real connection or commitment to the country.”


Shaked’s Anti-Terror Law Approved for Second and Third Knesset Vote

Monday, May 30th, 2016

The Knesset Constitution Committee on Monday approved the Fight Against Terrorism Act submitted by Justice Minister Ayelet Shaked (Habayit Hayehudi), in preparation for its second and third reading in the plenum, and in the process annulling many of the emergency defense laws which have been in effect since the establishment of the state. The bill was approved in its first reading last September.

The new Fight Against Terrorism Act dispenses punishments from 25 years to life in prison to individuals who lead terrorist organizations. The law also sets mandatory punishments of 10 to 20 years, as well as fines, for using and transferring weapons.

Training terrorists is subject to 9 years in prison, while receiving the training is punishable by 7 years. Recruiting terrorists or providing transportation, food, clothing and money for terrorists is punishable by 5 years in prison. Voicing or publishing support for terrorists will be punished by 3 years.

According to the Shaked bill, the defense minister or the prime minister may issue a decree designating a terrorist organization based on a request from the head of Shabak, supported by the AG. The security cabinet may do the same concerning a terror group organized abroad based on the decision of an authorized foreign body, or the UN Security Council.

Justice Minister Shaked issued a statement Monday, saying her bill will give security forces the power to fight terrorism while maintaining human rights.


Lebanese LGBT Activists Protest Anti-Homosexual Law

Monday, May 16th, 2016

Perhaps it’s a sign that Lebanon has become safer and more Western-oriented: a group of about 50 LGBT activists from the Lebanon-based Helem association, for the first time in four years staged a sit-in outside the Hbeish police station in Beirut, where the “morality police” hold transgressors of article 534 in the penal code which criminalizes relations that are “against nature,” Naharnet reported. The protesters demanded that the law be revoked, and that four transgender women be released. They carried signs saying, “Homosexuality is not a disease,” “Sex is not illegal — your law is archaic,” and “Repeal 534.”

The punishment in Lebanon for “crimes against nature” is up to one year in prison.

An event that was scheduled to follow the demonstration, organized by Proud Lebanon, was canceled due to pressure from Christian religious authorities.

Helem leader Genwa Samhat told AFP that the sit-in, which took place two days before the International Day against Homophobia, Transphobia and Biphobia, “calls for the abolition of this section of law dating from the (1920-1943) French mandate in Lebanon.” She added: “Most people arrested under this law aren’t detained in the act but in the street because of their appearance.” Also, she said, people “continue to be fired if their boss finds out they’re gay. They’re made to say they quit voluntarily for fear of being outed.”

According to Naharnet, Lebanese police are known to raid nightclubs serving homosexual patrons, and homosexuality is a frequent subject of ridicule on television.

In 2012 dozens demonstrated outside a Beirut court to protest the use of an anal “test” for suspected gay men. According to Samhat, “these tests continue, despite the justice ministry asking police to stop the practice. This is humiliating.” Also, she noted that “arrested people are still screened for AIDS, while this should be voluntary. There is a preconceived idea that all homosexuals have AIDS.”

Just to compare, the Boston Globe recently wrote that Tel Aviv, only 130 miles south of Beirut, is the gayest city on earth. “Tel Aviv is, for lack of a better description, super gay,” the paper’s Christopher Muther told his readers, adding, “The long-standing rule of thumb is that 10 percent of the population is gay, give or take. The estimate by officials in Tel Aviv is 25 percent of its population is gay.”


Light a Fire, Go to Jail

Monday, May 16th, 2016

The Fire and Rescue Commissioner issued an emergency edict Monday (May 16, 2016) under the authority of the Ministry of Public Security, banning all campfires in the State of Israel.

It is forbidden to light a campfire – any fire in a field outside – from 9 am to 7 pm in Israel. The penalty for violating the ban is a fine of NIS 70,000 or up to six months in jail.

Campfire ban May 16 2016 Ministry of Public Security

Campfire ban May 16 2016 Ministry of Public Security

Hundreds of fires broke out around the country Sunday due to the hot and dry weather conditions in Israel. Approximately 400 fires broke out, the head of the Israel firefighters’ operations division told Israel Radio.

Firefighters battled a blaze near Moshav Mata near Beit Shemesh, and another one near the Jerusalem neighborhood of Pisgat Ze’ev on Sunday evening, the latter due to a firebombing attack by Arab terrorists.

Fires broke out at Kibbutz Harel near Latrun, and at the village of Ajur, also near Beit Shemesh, as well as at Kfar Yona, east of Netanya.

The heat wave is expected to continue at least until Tuesday.

Hana Levi Julian

Shaked to Mull Law Punishing Prostitution Clients, Stress Rehabilitation

Sunday, April 17th, 2016

Justice Minister Ayelet Shaked (Habayit Hayehudi) is putting together a team to examine the possibility of turning the purchase of prostitution services into a criminal offense, Ha’aretz reported Sunday. The team will include representatives of the ministries of social services, finance, internal security and the interior. The minister’s decision follows requests by MK Shuli Mualem (Habayit Hayehudi) and Zehava Galon (Meretz) who met with Shaked two weeks ago. The goal of the new legislation will be to help rehabilitate sex workers.

According to the current Israeli law, prostitution per se is not criminal, but the law criminalizes driving persons into prostitution, using underage persons as prostitutes and publicizing prostitution services. The current law does not offer automatic support to prostitutes who wish to seek rehabilitation, such as emergency housing, a hotline, and day centers. The new law will likely offer a much more generous package that will include a guaranteed minimum income, employment services, a rent stipend, educational options and medical and psychological aid, as well as legal support and help in maintaining a connection with offspring.

There are no current official figures on prostitution in Israel, but the estimates of NGOs operating in the field stand at upwards of 13,000 sex workers, both male and female, which puts the number of customers at an estimated 300,000 (assuming each prostitutes sees between 5 and 6 customers daily), which is 12% to 15% of the population—a figure similar to other industrial countries. The overall income from prostitution is therefore estimated at around $300 million annually.

Both MKs Mualem and Galon argue that the effort to fight prostitution so far by focusing only on the traffickers and pimps has not made a dent in the prostitution industry in Israel, and that it must be complemented by enforcement that would deter consumption and reduce the workforce, through rehabilitation. They say their proposed new law would defeat prostitution itself, and not merely the byproducts of human trafficking, pimping, and violence against women. “That’s why the proposed law deals with the central economic driver, the consumers,” they explained. They believe what’s needed is legislation that would also change the perception of sex workers from mere objects to real human beings, and deposit customers with the responsibility for the effects their actions have on the women.”

A poll conducted in 2013 by the ministries of social services and internal security and published a month ago, discovered that 54% of Israelis believe there should be legislation against customers of prostitution, while 36% object. But only 43% agreed that customers should be punished as criminals. 23% believed the sex workers should be punished, and 38% (42% of males, 34% of females) said prostitution should not be against the law in Israel.


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.”


Upgraded Counter Terrorism Bill Passes First Knesset Reading

Thursday, September 3rd, 2015

An upgraded counter terrorism law passed its first reading Thursday in the Knesset plenum.

Justice Minister Ayelet Shaked (Bayit Yehudi) sponsored the bill. She told journalists it was intended to provide authorities with the many tools needed to “lead an effective battle against terrorist organizations, both in fighting their expanding activities and the funding that enables such activity.

“We believe that passing the Terror Act, in its current version is a necessary and vital step to advance the fight against terror,” she said. “In this fight, there is no ‘Left’ and ‘Right,’” she emphasized.

The proposal for the bill was formulated originally during the term of former justice minister Tzipi Livni. It gathers all current legislation dealing with counter terrorism into one measure, and broadens the definition of what constitutes a terrorist organization.

Under the new law, administrative detentions will be legalized, and those who support terrorism will receive up to three years’ imprisonment. The definition of terror support will include posting praises of terrorism online, waving flags connected with terror activity, etc.

In addition, accomplices to such crimes will receive the same penalties as perpetrators.

The maximum prison term will be raised to 30 years for terror-related crimes as well.

The notes of explanation that accompany the legislation point out: “The legislation’s objective is to give state authorities the proper legal, criminal and public tools to deal with the terror threats the State of Israel is facing… This is due to the unique nature of this type of crime, which is reflected in the severity of the infringement, on the one hand, and the difficulty of fighting it because of its scope and complexity on the other hand.”

The measure passed by a vote of 45-14.

It now moves to the Knesset Constitution, Law and Justice Committee for amendments and changes prior to a second and third, final reading.

Hana Levi Julian

Printed from: http://www.jewishpress.com/news/breaking-news/upgraded-counter-terrorism-bill-passes-first-knesset-reading/2015/09/03/

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