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December 7, 2016 / 7 Kislev, 5777

Posts Tagged ‘lawyer’

Samaria Jew Indicted for Shooting at Arab Taxi that Tried to Run Him Over

Sunday, September 4th, 2016

A young resident of Samaria was indicted on Sunday for endangering lives on a traffic lane when he shot an air gun at an Arab taxi on Aug. 24, 2016. The shot smashed the car’s rear window but no one was hurt. The police and Shabak announcement described the suspect, Moshe Yinon Oren, 18, a resident of Ronen Hilltop, which Police referred to as Arusi Hilltop (the settlement is named after Ronen Arusi, who established it), as a “rightwing extremist” who was risking human lives.

A search in Oren’s home yielded an air gun that was used in the even described in the indictment, an all-terrain vehicle (ATV) which he is accused of driving during the event, an empty magazine for plastic bullets caliber 5.56, gas canisters, a sling, and a metal box containing 37 anti-vehicle spikes.

The Police and Shabak announcement also says Oren has confessed to the charges and reenacted the event: he arrived on his ATV at Route 60 near the main Yitzhar junction, where police say he shot his air gun at the Arab taxi and fled the scene.

However, according to legal aid society Honenu, whose attorney Itai Rosin represents Oren, the indictment and the announcement omit a crucial component, namely the fact that the Arab taxi veered off its path in an attempt to ram Oren’s vehicle. According to Rosin, on Aug. 24 his client was riding his ATV on the road leading to Har Bracha, when the taxi, with five Arab workers inside, veered of its path on the opposite side of the road in an attempt to ram his vehicle, forcing him off to the shoulder of the road.

In response, Oren turned around and gave chase after the taxi, catching up with it at the roundabout of the Hawara Village, at which point he pulled out his air gun and shot the car’s rear window. A week ago Saturday night he was arrested and spent the week in a Shabak interrogation facility without contact with a lawyer, even though the indictment does not accuse him of a weapons violation or a hate crime.

Attorney Rosin said in a statement that his client, “a young man who is about to enlist in the IDF, felt threatened as a result of the wild driving of the complainants, and used a toy gun, an air gun. This is not a ‘price tag’ action, my client does not belong to this group or another, and the indictment itself does not accuse him of race- or weapons-related violations. It is inconceivable that my client would be investigated by the Shabak and be kept from seeing his lawyer, a harsh and ongoing violation of his fundamental rights, all of it under the cover of a gag order as if this were a serious security violation. If the same acts had been committed by a boy from Tel Aviv or Herzlia he would certainly not have been interrogated by the Shabak and kept from meeting an attorney.” Rosin added, “I am certain these discrepancies will receive their proper attention during his trial.”

David Israel

New Management: Liberman Says Soldiers Shouldn’t Have to Consult a Lawyer on the Battlefield

Monday, August 29th, 2016

Israel’s still relatively new Defense Minister Avigdor Liberman (Yisrael Beiteinu) on Monday distinguished himself from his predecessor in the most decisive way, when he stressed that both the medic Elor Azaria who is on trial this week for shooting dead a terrorist who had already been neutralized; and the soldier from the Netzah Yehuda battalion who may go up on charges for shooting a psychologically impaired Arab who stormed–albeit unarmed–an IDF post outside Ofra, are innocent until proven guilty.

The statement, which contradicted former Defense Minister Moshe Ya’alon’s all out attack on Azaria only a few hours after anti-Zionist NGO B’Tselem released a video showing the shooting, before an investigation into the matter had been launched, was a more decisive note of change at the Defense helm than even the 50 sorties Liberman had sent into the Gaza Strip the other day, only 15 minutes after a single Hamas rocket had fallen in the town of Sderot.

The loud and clear statement from the Defense Minister that he will back his soldiers rather than sic lawyers at them will likely go a long way to improve IDF morale, because, as Liberman reminded reporters on Monday, “In the State of Israel, in a Democratic country, only the court has the right to convict, not the media. And as long as a man was not convicted he is innocent.”

Liberman also told the reporters that “soldiers cannot go out on a mission with an attorney attached to them. Which is why sometimes they make the right decision, sometimes they don’t. But we can’t have a situation whereby every soldier would be asking for legal advice before they go out on a mission.”

Liberman’s comments were made on a day when the Elor Azaria defense was doing exceptionally well, calling to the stand a witness that had been on the prosecution’s list but was not called up. Soon enough it became clear why the prosecutors chose to skip him — a platoon commander in Azaria’s company, he fully supported the medic’s version that the terrorist on the ground was suspected of carrying a suicide belt under his coat. In fact, the witness told the court he had advised Azaria’s platoon commander to open fire on the terrorist on the ground should he appear to be trying to detonate a bomb.

A sapper who testified earlier for the defense was critical of the manner in which the terrorists were being handled, as the order to move their bodies was given before the sappers had a chance to examine them for hidden explosives.

Since much of the trial hinges on Sgt. Azaria’s state of mind, and whether or not he really believed the terrorist on the ground posed a danger after being neutralized, both testimonies have boosted the defense’s case.

David Israel

UN Watch Helps Release Turkish Human Rights Lawyer from Prison

Tuesday, July 26th, 2016

UN Watch, a Geneva based non-governmental human rights group, welcomed Turkey’s release Monday of human rights advocate and journalist Orhan Kemal Cengiz after four days of detention. The group but urged UN chief Ban Ki-moon and human rights commissioner Prince Zeid Ra’ad Zeid Al-Hussein to condemn the government of President Recep Teyyip Erodgan for imposing a travel ban on Cengiz.

Cengiz was kept in the Anti-Terror Bureau (TEM) on Vatan Street for four days. He said that he didn’t face any ill-treatment except for being handcuffed from behind, but he saw people whose eyes were swollen shut in the packed custodial prison.

Cengiz thank you tweet

“We call on the UN Human Rights Council to exercise its duty and immediately convene an urgent session into the alarming deterioration of the rule of law in Turkey, and to create a commission of inquiry to investigate both the attempted coup and the government’s illegal purge of tens of thousands of Turkish citizens from their jobs,” said Hillel Neuer, executive director of UN Watch.

Cengiz and his wife Sibel Hurtas, also a journalist, were detained Thursday at Istanbul airport on their way to attend a conference in London. Hurtas was released on the same day she had been arrested, but Cengiz was detained until Monday.

Cengiz had visited the UN Human Rights Council in February, hosted by the Geneva Summit for Human Rights, a coalition of 25 human rights groups led by UN Watch, and testified about abuses in Turkey.

Since his arrest, UN Watch was campaigning for Cengiz’s release.

“By arresting a prominent journalist, lawyer and human rights defender, the Turkish government has seriously compromised its claim to be defending democracy and the rule of law,” Neuer said.

“We urge Ban Ki-moon and High Commissioner Zeid to condemn the illegal ban on Mr. Cengiz’s travel, which among other things would prevent him from visiting the United Nations to provide the world body with vital new information and analysis on the desperate situation of human rights in Turkey,” Neuer noted.

JNi.Media

Minor from Yitzhar Freed Again in Latest Legal Ping Pong

Sunday, June 26th, 2016

After the District Court overruled the Magistrate Court (Beit Mishpat Hashalom) on Friday and ordered the Minor from Yitzhar kept in jail over Shabbat, on Sunday, the Magistrate Court once again ordered the boy be freed.

This time the Petach Tikva court ordered the boy free to go home until his hearing tomorrow, when the State will try to explain why he should not be free.

Three weeks ago the boy received an administrative distancing order from the IDF ordering him to leave his parents home and all of Judea and Samaria. If the 15-year-old boy leaves his home, he has no where to go.

It is unknown as to why he received the administrative order. He also received an administrative order forbidding him to talk to his 12-year-old neighbor.

If that wasn’t insane enough, someone in the army decided to send the boy to some farm down south, where he will have a bed, food (unknown if it’s kosher) and sanitary conditions, and apparently some re-education.

The parents are obviously fighting it.

The mother, who is an American citizen, has now turned to the US Embassy for assistance in protecting the basic human rights of her son, which she believes are being violated.

The boy’s lawyer plans to demand the court free the boy unconditionally, as no one has provided any evidence that the boy has even done anything wrong.

On Friday, the Magistrate court strongly criticized the police for their complete mishandling of the case and ignoring the welfare of the child whose life they are toying with.

Jewish Press News Briefs

Court Criticizes Police, Releases the Minor from Yitzhar

Friday, June 24th, 2016

The Magistrate’s court in Petach Tikvah had harsh words for the police today following their bizarre arrest this morning of a minor from his parents’ home in Yitzhar.

The 15-year-old boy, a recipient of an anti-democratic administrative distancing order, was forcibly removed him from his parents’ home at 3 AM this morning.

The police and the Shabak broke into the boy’s home, without a warrant, and took the boy away. He was not allowed to be accompanied by a parent as required by law. He was not allowed to take his personal items including his T’fillin. His parents’ had their phones confiscated during the arrest so they couldn’t contact their lawyers for assistance.

A hearing was called and the police demanded the Petach Tikva court allow them to keep the boy in jail for 3 days while they investigate why he didn’t leave his parents’ home as the IDF ordered.

The boy has no where to go if he is removed from his home.

The court told the police,

“The picture we’ve seen so far is unsatisfactory. It seems that not enough consideration [by the police] was given, if any at all, to the relevant welfare authorities. And certainly now that the police have arrested the boy, they [the welfare authorities] must now be made involved.”

The boy’s lawyer, Chai Haber from the Honeinu legal aid society, expressed gratitude that finally there was one sane voice of authority that realized that there are rules and laws to be followed, which the police did not do.

“We must remember that we are talking about a minor with no criminal record,” his lawyer said. Haber added the police were not only acting like “thought police” arresting the boy based on what they thought he might do, but treating him like an object that they could throw anywhere they want.

The court ordered the boy sent back to his home, under house arrest.

Update: The court also queried the police regarding the conditions the boy would have on the farm, including the availability of kosher food. The police said they were unable to answer the court’s questions, as they didn’t know the answers.

Jewish Press News Briefs

Liberman’s Office Sends Yitzhar Minor to Re-Education Camp

Friday, June 24th, 2016

At 3 AM Friday, the Shabak and police burst into the home of the 15-year-old minor from Yitzhar and arrested him. The boy had received an IDF administrative order expelling him from his parent’s home, but he had no where to go, and the boy’s family doesn’t even know why he is even being taken from their home.

The family told the Honeinu legal aid society that they were shown no warrant, and during the arrest, the police confiscated the parents’ phones so they couldn’t contact anyone for help.

The police refused to allow the father to accompany his son to wherever they are actually taking him – despite being required to do so by law.

The police also refused to allow the boy to take his T’fillin or personal effects.

The boy’s father said,

“To take a child of 15 who did nothing and demand to throw him into an unfamiliar location, without coordination with the family, this is step you do in a democracy? In the fifties, they kidnapped Yemenite children in the dark, and now are trying to remove children from home for re-education in broad daylight. The natural place for my son is at home. It’s inconceivable that from secret evidence that we have no idea what it says, a child has to leave his home.”

The IDF hasn’t given an explanation as to why the boy is being expelled from his home as well as all of Judea and Samaria, other than to say the 15-year-old is a threat to national security and has been involved in violent incidents against Arabs.

There’s been no court hearing, and the IDF refuses to present any of their evidence of the boy’s alleged activities to the boy’s lawyers or family, making it impossible for the lawyers to defend their client and fight the administrative order.

In the past month, the prosecution was forced to drop charges against two people the Shabak had arrested and held for weeks while not permitting them to see their lawyers. One of those arrested reports that he was tortured. The charges were dropped because they were innocent. In those cases too, secret evidence was used to justify their arrest.

Last month, Meir Ettinger was released after being held for 8 months in solitary confinement. Again, based on secret evidence, which apparently included his publicly posted blog.

In a letter sent yesterday to the minor’s lawyers, IDF Major Yizhar Yitzhaki, head of the human rights department in the military prosecution wrote that the minor will be sent to a farm in the south, there will “a bed to sleep on, food and sanitary services as required.”

And apparently re-education.

The family doesn’t know the owners of the farm, and no one from this farm has contacted the family. The family doesn’t even know if the farm has agreed to take their son, and if it’s legal for them to do so against the parent’s wishes.

According to Honeinu, a hearing will take place in the Petah Tikva Magistrates Court sometime today.

Nor is this the only case in question.

There is another minor, from Eli, who reviewed an administrative distancing order from Judea and Samaria, as well as an additional administrative order placing him under house arrest at night. As his home is in Samaria and he can’t go home, the IDF has decided to also send this boy to the re-education farm down south. The boy’s family has no way of fighting the decree, as the evidence against the boy is secret.

If anyone had any hope that under Defense Minister Avigdor Liberman, the IDF’s anti-democratic “administration orders” policies would be reviewed and cancelled, those hopes were certainly dashed this morning.

Jewish Press News Briefs

‘I Didn’t Mean to Hurt the Judge’s Feelings’ Says Sara Netanyahu’s Lawyer

Wednesday, June 1st, 2016

The attorney for Prime Minister Benjamin Netanyahu’s wife Sara expressed regret Wednesday over harsh remarks he made against the judge during a court session over a case involving a former domestic employee in the Netanyahu household, according to the Hebrew-language 0404 website.

Attorney Yossi Cohen told media following the appearance in court, “I appreciate the entire justice and court system and judges, and always treat them with respect.

“My criticism of the [District] Court focused on a specific legal procedure that infringed on Mrs. Netanyahu’s legal right to call witnesses.

“I had no intention of hurting the personal feelings of the judge. I apologize if things were understood otherwise.”

Hana Levi Julian

Printed from: http://www.jewishpress.com/news/breaking-news/i-didnt-mean-to-hurt-the-judges-feelings-says-sara-netanyahus-lawyer/2016/06/01/

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