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July 28, 2016 / 22 Tammuz, 5776

Posts Tagged ‘lawyer’

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

Dershowitz’s New Book Gets Biblical Abraham Off the Hook

Sunday, September 20th, 2015

(JNi.media) “Abraham, the world’s first Jew, was also the world’s first lawyer, arguing with God on behalf of the doomed sinners of Sodom,” writes attorney Alan Dershowitz in his latest book, “Abraham: The World’s First (But Certainly Not Last) Jewish Lawyer.” Others followed, Dershowitz contends, “but Abraham was the first, and this book is about him and his progeny: the numerous Jewish lawyers who—for better or worse, but in my view mostly better—have changed the world by challenging the status quo, defending the unpopular, contributing to the rule of law, and following the biblical command to pursue justice.”

Indeed, there was a long list of biblical Jewish lawyers, according to Dershowitz: “Joseph soon followed, serving as a counsel to the powerful, as many Jewish lawyers have done since. Then came Moses, who was not only a lawgiver but also an advocate on behalf of Jews who had rejected him, his laws, and his God. Daniel, who in the Apocrypha serves as a defense lawyer to Susanna, perfected a technique of cross-examination that is still effectively used today. And Deborah the judge dispensed justice under a palm tree.”

Last November, a crowd of 1,500 ticket-holders from all over the greater New York City metropolitan area lined up down the street and around the corner outside Temple Emanu-El synagogue on the Upper East Side, starting at 8 AM, to watch Alan Dershowitz and Eliot Spitzer, who argued The People Vs. Abraham before United States District Judge, the honorable Alison Nathan. Needless to say, the Harvard maverick whose clients included O.J. Simpson, Michael Milken and Claus von Bulow, won the case, successfully arguing that the biblical Abraham was not guilty of the attempted murder of his son, Isaac. “It got Abraham off,” Dershowitz told The Wall Street Journal.

His new book, coming out on Oct. 6, is a survey of the history of Jewish lawyers. He started with Abraham, because Abraham started his career arguing with God, according to Dershowitz. “What could be more appropriate for a criminal lawyer?” he said, noting: “I argue with federal judges all the time who think they’re God.” Dershowitz profiles both well-known and unheralded Jewish lawyers, admired and excoriated, victorious and defeated—and of course offers glimpses into his own practice. Louis Brandeis, Theodor Herzl, Judah Benjamin, Max Hirschberg, Rene Cassin, Bruno Kreisky, Ruth Bader Ginsberg, and Elena Kagan—”idol-smashers, advocates, collaborators, rescuers, and deal-makers” who helped change history.

Finally, Woody Allen once asked Dershowitz which historic figure he would have liked to defend, to which he answered: Jesus. “He would be the perfect defendant for me because he was exercising his free speech, preaching religion and expressing his own views,” Dershowitz explained to the WSJ, noting: “Think of how much better the world could be if no one could blame the Jews!”

JNi.Media

Man Arrested at Temple Mount Entrance with Contraband

Sunday, March 22nd, 2015

A 27 year old Jewish man was arrested on Sunday morning at the entrance to the Temple Mount.

Police found Tefillin on his person.

When searching the young Jewish man before he went up onto the Temple Mount, the police discovered the man was wearing Tefillin on his arm.

Tefillin are generally worn during prayers. Despite an explicit court order allowing it, the police do not allow Jewish prayer on the Temple Mount, the Jewish people’s holiest site, for fear of upsetting the Arabs.

A lawyer from the Honenu organization is working to free the man from jail.

TPS / Tazpit News Agency

Video: Lawyer/Mom Prevents Child’s Arrest for Temple Mount Prayer

Thursday, June 5th, 2014

Police tried to arrest a 10 year old from Karnei Shomron on Tuesday, who prostrated himself on the Temple Mount. Jewish Prayer on the Temple Mount is a violation of police rules, but not illegal under Israeli law.

A Moslem Waqf official watching the group saw the boy bow down, and ran to call a policeman to report the crime. 10 minutes later the police came and began to arrest the 10 year old child.

Anat Schwartz, the boy’s mother and a lawyer, confronted the policemen, identified herself as a lawyer, and made it clear that they would be in legal trouble if they arrested the minor, as they have no authority to so so.

The police also demanded that the mother/lawyer and child accompany them after the visit, but Schwartz made it clear, the police have no legal authority here to delay or arrest them for her 10 year old son’s actions.

The police backed down, and the group continued their visit undisturbed.

Perhaps all Jewish visitors to the Temple Mount should be accompanied by a lawyer, and a video camera.

Jewish Press News Briefs

Printed from: http://www.jewishpress.com/news/breaking-news/video-lawyermom-prevents-childs-arrest-for-temple-mount-prayer/2014/06/05/

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