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January 23, 2017 / 25 Tevet, 5777

Posts Tagged ‘Supreme Court’

Rightwing NGO: Fake News, Years of Incitement, Led to Murder of Israeli Policeman

Wednesday, January 18th, 2017

The Regavim movement which monitors and prosecutes illegal construction across Israel, including Judea and Samaria, issued a statement following the terrorist murder of an Israeli policeman during eviction-related riots at the illegal Umm al Hiran outpost in southern Israel Wednesday morning, calling on government to “immediately restore the rule of law in southern Israel, where Islamist agitators have infiltrated illegal Arab-Israeli settlements to incite violence against Jewish-Israelis and security forces.”

The Regavim statement notes that after a decade of appealing multiple Supreme Court rulings to evacuate the site, “illegal squatters in the Hiran area have chosen to use violence and murder to force the hand of the authorities, emboldened by anti-Israel NGOs and Arab-Israeli lawmakers. This is unacceptable and must be quashed. Years of incitement led to the murder of an Israeli Policeman this morning.”

“It is unfortunate that so much fake news regarding the decade-long legal battle have spread like wildfire,” Regavim lamented, explaining that “the squatters have been offered free plots of land in the nearby town of Hura, or advantageous terms to continue living in new homes in Hiran. Both deals come with generous monetary compensation, despite their living on the site illegally. [However,] instead of accepting the unprecedented offer, [the Arab squatters] have chosen to use violence to force the hand of the authorities. Regavim calls on the Israeli government to quash the incitement and return the rule of law to Southern Israel.”

Regavim describes itself as a “legal advocacy organization, dedicated to ensuring responsible, legal and accountable use of Israel’s national land. By investigating claims on the ground level, Regavim protects national land interests, presenting its findings in the form of white papers and legal action, in addition to briefing the press and diplomatic corps.”

David Israel

Inspired Rally Protesting Supreme Court Flights of Fancy with Helium Balloons

Monday, January 16th, 2017

Activists of the Derech Chaim (way of life) movement last Thursday engaged in an original event as part of their ongoing campaign against the tyrannical ways of Israel’s Supreme Court. Some 20 activists arrived at the Jerusalem central bus station, a bustling part of the city, and handed out to pedestrians hundreds of helium-filled balloons with the slogan (we paraphrase) “The Supreme Court is flying on its own hot air,” beside a drawing of a judge.

Apparently, the Jerusalemites were delighted with their gift balloons, and most of them agreed with the message.

The same activists also handed out brochures and stickers with clever slogans about the court’s dictatorial style and how it considers its own ego ahead of the needs of Israeli citizens (as in forcing 40 Amona families to lose their homes and community over a Supreme Court ruling given without the benefit of evidence or proper documentation).

Derech Chaim activists in Jerusalem

Derech Chaim activists in Jerusalem

Uri Kirshenbaum, from Derech Chaim, said in a statement that “recent surveys have shown once again the growing lack of trust of the Israeli public in the Supreme Court.”

“Everyone nowadays understand that the high court is flying on its own supply of hot air,” Kirshenbaum explained, “but what we must realize is that as long as the court grabs for itself authority to which it is not entitled and no one is protesting, it’s only natural that it results in judges who feel they are above the rest of us, ‘a closed family,” as retired Justice Barak put it, and would continue to dictate to the rest of us [their version of] what’s right and moral.”

“We believe it’s high time to deal radically with this problem,” Kirshenbaum concluded, “and return to the public the authority the court has usurped from us – otherwise the bloated balloon of BaGaTz (acronym for High Court of Justice) would continue to hover above us.”

So far the Derech Chaim activists have demonstrated in front of the home of Supreme Court President Justice Miriam Na’or and hung provocative signs around Israel.

David Israel

Israel: Access Road to New Arab City in Samaria Illegal

Saturday, January 14th, 2017

The Netanyahu government last week informed the Supreme Court it would be unable to permit the access route to the new Arab city of Rawabi in Samaria because it cuts through private plots in Area C (under full Israeli control), according to hearing of the rightwing NGO Regavim’s petition against the IDF Civil Administration, the Defense Ministry and the Rawabi corporation.

Rawabi (“The Hills”), located near Birzeit and Ramallah, is the first planned city built for and by Arabs in the PA, which is hailed as the “flagship” of a future Palestinian State. Construction began in January 2010, and by 2014 650 apartments were made available, for an estimated 3,000 residents On March 1, 2015, developer Bashar al-Masri announced that Israel would connect the city up to the Israeli-run water grid, making it possible for residents to move in.

Two years ago, Regavim appealed to the Supreme Court against the Civil Administration, the Ministry of Defense and the Rawabi company, concerning the Rawabi company’s land improvements and the construction and paving of a road in one of the city’s neighborhoods. The works were carried out in “Zligat,” an Arab city under Israeli control in the direction of the nearby Jewish community of Ateret.

According to Regavim, and the state, the access highway to the city of Rawabi was partly built on private land, without the owners’ consent. Following the discussion, the Court gave Rawabi six months to prove ownership of the land. The Rawabi company promised the court that the construction work would not be renewed until the approval of the company’s programs.

The State told the court that the Rawabi company has yet to complete the planning aspects of the road, and began to building it before obtaining a legal permit: “The documents submitted by [the Rawabi company] were examined by the Planning Bureau. The examination showed that the title is not sufficient to fulfill the requirements in this respect. Among other things, in view of the fact that some of the road is on regulated land [without] the owner’s consent in relation to the specific area.” The state also stated that “documents provided do not solve the problem proprietary.”

The Supreme Court will hear the case again in about ten days, and the state is on the record as suggesting the only ways for the Rawabi company to be able to complete the road would be to purchase the plots in question from the Arab owners or to get the IDF Civil Administration to expropriate the plots.

However, if the court now approves of the Civil Administration expropriating lands in Area C to serve an Arab settlement, it might find it difficult in the future to halt similar impounding that would favor Jewish settlements.


‘Don’t Put Her Back in the Cage’ – Supreme Court Enjoins Rabbi from Voiding an Aguna’s Divorce

Wednesday, January 11th, 2017

Supreme Court Vice President Elyakim Rubinstein on Wednesday issued a harsh criticism of the intent of the Supreme Rabbinic Court to reconsider a ruling of the regional rabbinic court in Tzfat granting via an exceptional procedure a get-divorce decree to a woman whose husband had been in a coma for nine years, Walla reported.

The Tzfat rabbinic court employed an exceptional process known as “zikuy get” (awarding a divorce) to circumvent the halakhic requirement that a get be given with the explicit consent of both husband and wife. In this process, the court appoints itself the emissary of the husband who is unaware of his environment. The court acted with the full consent of the husband’s family.

“I don’t like this picture,” Justice Rubinstein said during a Supreme Court debate of an appeal against the Supreme Rabbinic Court’s intent to reconsider the get. The justice added: “What if the petitioner were to remarry in the meantime and had children, everything would reopen?”

On Tuesday, the women petitioning the Supreme Court said: “Almost three years ago, I was given my life back, and all of a sudden a man who doesn’t even know me is demanding to take me all the way back, to be an Aguna again.” She said she felt this was “completely unjust.”

Rubinstein also noted that the petitioner against the get is a third-party without personal connection to the case, saying, “This petition is inappropriate. The petitioner is getting involved in someone else’s fight.”

However, attorney Raphael Schtube, representing the petitioner at the Supreme Rabbinic Court, argued that he, in effect, represents the husband who is in a coma. “The real petitioner here is the husband,” argued the attorney.”

The Supreme Court finally issued an injunction against the rabbinic court, enjoining it from taking up the matter for 21 days, until the Supreme Court rules on the woman’s petition to block the process of withdrawing her get.

Dozens of women demonstrated outside the Supreme Court in Jerusalem in support of the woman, carrying signs saying: “You can’t put a woman back in the cage.”

The Chief Sephardi Rabbi Yitzhak Yosef has said on several occasions that he favors annulling the get, and supported the petitioner despite his lack of personal connection to the case.

David Israel

Jews 2nd Largest Religious Group in 115th Congress

Wednesday, January 4th, 2017

Out of the 535 members of the incoming US Congress, 30 are Jews, following the 485 members of both houses who define themselves as Christian, according to the Pew Research Center. Jews make up 2% of the US adult population but account for 6% of Congress.

Jews also account for 50% of the Supreme Court.

Lagging behind are the Mormons (who are kind of Christian), with 13 members, Buddhists (3), Hindus (3), Muslims (2), and 1 each: Unitarian Universalists and Unaffiliated.

Among the 293 Republicans elected to serve in the 115th Congress, 291 identify as Christians; there are two Jewish Republicans – Lee Zeldin of New York and David Kustoff of Tennessee, both serving in the House.

The 242 Democrats in Congress include 28 Jews, and those three Buddhists, three Hindus, two Muslims and one Unitarian Universalist. The Democratic delegation also includes the only member of Congress who describes herself as unaffiliated, Rep. Kyrsten Sinema from Arizona.

In fact, according to Pew, the group that’s most underrepresented are the religiously unaffiliated, which accounts for 23% of the general public but is represented by only 0.2% of Congress.

Two-thirds of Republicans in the new Congress (67%) are Protestant, 27% Catholic. 42% of the Democratic members are Protestants and 37% Catholics.


Gush Etzion Residents Boycott Arab Destroyer of Netiv Ha’avot

Tuesday, December 27th, 2016

The Regavim Association this week revealed that one Ali Mohamed Issa Moussa, the main Arab petitioner to the Supreme Court in the case of the neighborhood of Netiv Ha’avot in Gush Etzion, where 17 Jewish owned structures were slated for demolition, is co-owner of an illegal garage north of the Gush, whose clientele are mostly Jews.

So, to reiterate: a claimant suing to demolish 17 Jewish homes, presenting not one shred of evidence – because the Supreme Court does not vet evidence – is operating an illegal garage against which there is a standing demolition order.

As soon as the news came out, according to a press release issued by residents of Gush Etzion, local Jews have begun to organize a boycott of Issa Moussa’s garage.

Regavim official Oved Arad explained that “the garage was built without a construction permit and without a business permit as well, but the IDF Civil Administration has yet to take care of this case.”

In fact, according to Arad, “the state filed repeated requests for an extension on the demolition to the Supreme Court, and has yet to bother to respond to the garage owner’s petition – so that the court issued an interim order preventing the enforcement of the law and the demolition of the structure. In a sense, this is how we reward a criminal.”

Moshe Seville, Deputy Head of the Gush Etzion Regional Council, said this is an unusual and aberrant absurdity. This is a Palestinian who has waged war against the residents of Netiv Ha’avot, claiming it is illegal, and at the same time enjoys a garage that was built illegally.”

The Netiv HaAvot neighborhood of Elazar, situated 500 yards beyond the Elazar community’s jurisdiction, and adjacent to Alon Shvut, was built in 2001 on land which was later claimed–with the urging and support of Peace Now–by the Mussa family of al-Khader, near Bethlehem. An Israeli government official, Assistant to the Defense Minister, Brig. Gen. Baruch Spiegel, stated that the neighborhood was built on privately owned Arab land and on “survey land,” whose ownership was still subject to determination. The neighborhood was then included in the 2005

Netiv HaAvot subsequently figured among 105 “illegal outposts” listed in the virulently anti-Jewish settlements Sasson Report submitted to the Ariel Sharon cabinet in 2005. The report also noted that Ariel Sharon himself, as Minister of Housing and Construction, had a role in spending $80 thousand to develop the neighborhood. This last part could mean that Netiv HaAvot could be spared demolition, depending on the final text of the Regulation Act being hammered these days in the Knesset.


Court Approves 45-Day Delay of Amona Evacuation

Thursday, December 22nd, 2016

The High Court of Justice has approved a request by the State to delay by 45 days the evacuation of the Jewish community of Amona.

The homes of 40 families – some 300 Jews – are built on a section of the town which the Court has ruled is privately owned by a citizen of the Palestinian Authority.

The approval came Thursday after Amona residents declared in a written document that they would evacuate the site peacefully, without conditions, without conflict or resistance, on the new evacuation date, which is to be February 8.

By that time, it is expected that the homes of 24 of the 40 families in Amona will have been moved by the state to a new plot of land within the community’s municipal boundaries – Lot 38 – which will by then have been officially declared state land and zoned for residential use. The land is currently held under the law of Absentee Landowners’ / Abandoned Property.

The other 16 families will have moved to temporary dwellings in the nearby town of Ofra, northeast of Ramallah.

Hana Levi Julian

Printed from: http://www.jewishpress.com/news/breaking-news/court-approves-45-day-delay-of-amona-evacuation/2016/12/22/

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