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September 28, 2016 / 25 Elul, 5776

Posts Tagged ‘Supreme Court’

Private Recording: Bennett Promising ‘Strategic Solution’ for Land Ownership Challenges [audio]

Wednesday, September 21st, 2016


Habayit Hayehudi Chairman Naftali Bennett on Wednesday attempted to calm his followers’ fears regarding the imminent uprooting of the community of Amona in Benjamin Region, in a private recording distributed to activists over WhatsApp. Bennett stressed that he and Justice Minister Ayelet Shaked have been trying to come up with a global, strategic solution that would remove the current threat hovering over thousands of housing units which are facing the same predicament as Amona. So far, attempts to introduce a legal mechanism that would offer fair market value to new Arab claimants against Jewish Homeowners across Judea and Samaria have been rejected by the court.

The left has been outright hostile to the idea, among other things because leftwing NGOs like Peace Now have based their very existence on seeking out potential Arab claimants to contest legal transactions between other Arab owners and the Jewish buyers. A fair market value solution would satisfy both the Arab claimants and the Jewish homeowners, but would leave many NGO agents without employment.

On Tuesday, Kipa published a letter from the residents of Amona, accusing the rightwing members of government, especially Bennett and Shaked, of a lackadaisical approach to Amona’s impending doom (a term actually used, in paraphrased form, by Defense Minister Avigdor Liberman).

In the recording, obtained by Kipa, Bennett tells Habayit Hayehudi activists that he and Shaked “have decided to use a strategic solution and to stop gong after local solutions the way did in Amona and in Gush Etzion.” He continued: “Right now Ayelet and I are laboring very seriously over a single, large-scale strategic move which would solve all our problems.”

Bennett suggested several options, including the application of the Edmund Levy committee report which recommended imposing Israeli law on Area C of Judea and Samaria. “It might be a change in the government’s decision, it could also be the arrangement law,” Bennett said, referring to a bill being promoted by coalition MKs that compels Arab claimants to accept fair market value for their claims—a bill that was rejected four years ago by Prime Minister Netanyahu. But no matter which solution they choose, it’s going to go into effect within the next few weeks, Bennett promised in the recording.

Bennett blamed on previous Netanyahu governments the current mess in Amona, where as many as 17 homes have been slated for demolition by the Supreme Court, in a community that was designed and supported by the State. He voiced his support for an outline suggested by the Amona residents, known as the Absentee Property outline. Absentee property was the way the State of Israel in the past dealt with thousands of properties that had been left behind by Arabs who fled to Jordan and Egypt during the 1948-49 Israeli War of Independence. “After much resistance we have been able to pass the outline in the government, but we don’t yet have a complete guarantee that it would pass.”

As usual, the one possible deciding vote to kill a market value bill or a realignment of Amona, in a government with a decisive, pro-settlements majority, is the man at the helm, Prime Minister Benjamin Netanyahu, who probably does not relish a new battle with the Administration during the lame duck season.

Justice Minister Shaked on Wednesday told Army Radio that the Amona residents share in the blame for their current emergency, since a year ago the Defense Ministry had offered them an alternative settlement near Shilo, and they refused. She acknowledged, however, the validity of their absentee property solution and promised to pursue it in the cabinet.

JNi.Media

Rebellion: 25 Likud MKs Tell Netanyahu to Avoid Amona Demolition

Saturday, September 17th, 2016

As of Saturday night, 25 Likud MKs have signed a petition calling on the Netanyahu government to pursue legislation to prevent the demolition and evacuation of Amona, an Israeli outpost in central Judea and Samaria. Israel’s Supreme Court ruled in 2006 that the Amona community is illegal under Israeli law, but its status remained unresolved as the government continued to fight the court’s eviction order. In December 2014, the court ordered the state to completely evacuate and demolish the settlement within two years.

Likud MKs petition to save Amona

Likud MKs petition to save Amona

Last week, Defense Minister Avigdor Liberman said the Court ruling was unequivocal, and there was no hope to keep Amona intact. “There is no way that Amona can be left as it is built today, because most of the houses are built on private Palestinian land,” Liberman told an audience in Ariel University. But he added that “all the rules that apply to Amona apply to every other place as well,” suggesting that leftwing MKs and NGOs, as well as the EU and the US government, are only interested in removing Jews from their homes, “but when it comes to enforcing rulings against other trespassers everyone stands up on their hind legs.”

The court has ordered the final date for the evacuation of the entire outpost to be no later than December 25 this year.

MK Shuli Moalem-Refaeli (Habayit Hayehudi) has submitted a bill dubbed the “Arrangement Law,” suggesting that homes that have been constructed using government supports would not be demolished should the claimants be able to show prior ownership. Instead, the land of the community in question would be confiscated by the State and the claimants would receive fair market value. This moves the burden of proof from the Jewish residents to the Arab claimants.

The signatories on the current petition include the vast majority of the Likud Knesset faction, including a few sworn enemies of the PM, such as Transport Minister Yisrael Katz and MK Oren Hazan. But since the entire Likud list is only 30 members strong, there are also many Netanyahu supporters who would like to see Amona spared.

Back in 2012 Netanyahu torpedoed a similar bill, submitted by Zevulun Orlev (Habayit Hayehudi), which attempted to save the community of Migron, north of Jerusalem. Netanyahu employed the coalition discipline, which killed the bill with a 69 to 22 vote. The same bill came up during the Knesset summer session, but the ministerial legislative committee decided to kill it.

The legal community opposes the idea, and AG Avihai Madelblit is on the record as saying such a law would be unconstitutional (a strange phrase in a country without a constitution), and is sure to be killed by the Supreme Court. He prefers instead purchasing land nearby and transporting the entire community over, at an enormous cost. Why not purchase the land and give it to the claimant? Why not lease the land from the claimant? Why not offer the claimant an opportunity to sell the land to the community? Apparently, all those ideas have not risen to the same constitutional validity as that of destroying a Jewish community.

JNi.Media

High Court Rejects Three Petitions Against Force-Feeding Prisoners

Sunday, September 11th, 2016

Israel’s Supreme Court on Sunday rejected appeals by the Israel Medical Association and a few NGOs against an amendment to the Prisons Act that permits forcing medical treatment on hunger striking prisoners.

Elyakim Rubinstein, the Vice President of the Supreme Court, said he was persuaded that there are possible situations in which saving lives requires having the amendment on the books, although he noted that he is not happy with it and suggested there may be other ways, within the exiting laws, to remedy such situations.

Israel Radio reported that one of the items in the contested legislation requires the judge on hand to consider how the death of a hunger striking prisoner might affect state security. The justices ruled that the court must give a preference to medical, rather than security considerations.

David Israel

Leftwing J Street Going After Pro-Israel Regavim’s US Tax-Exempt Status

Friday, September 9th, 2016

Jeremy Ben-Ami, president of leftwing, anti-Netanyahu group J Street, sent an email to his group’s supporters announcing that he is pressuring the Obama Administration to revoke the US tax-exempt status of the Israeli (and pro-Israel) NGO Regavim in response to their supposed activity against the two-state solution.

The urgent need to harm Regavim’s US donations resulted from the effective work the group has done in forcing the Israeli authorities to apply Supreme Court rulings on demolishing illegal Arab construction in Area C of Judea and Samaria. One of the recent focal points of the Regavim efforts has been the squatter camp outside the Jewish community of Susiya, which the US and the EU insist must stay put despite the fact that its existence violates every signed agreement between Israel and the PA.

Ben-Ami wrote his followers that he was shocked to discover that the “settler movements” aiming to destroy Susiya are partially funded by donations from the US — including Regavim which has systematically mapped out the Susiya shacks and lean-tos, pointing Israeli police at the precise location of structures that violate the law. Ben-Ami sees this well-organized campaign to enforce the law as a threat to a future Palestinian State, which, he believes, must some day be handed the entire area.

Ben-Ami attributes to his organization’s work behind the scenes with the US State Dept. the fact that Prime Minister Netanyahu and Defense Minister Liberman have responded to international pressure and postponed the evacuation of the illegal Arab squatters until November 15.

The president of J Street shared in his email how enraged he is by the fact that groups that work against “the future of the State of Israel” and in direct defiance of US foreign policy and “perhaps” even US law, enjoy a tax-exempt status in the US, which is why J Street will continue to pressure the US government to revoke Regavim’s special status.

Should Ben-Ami be interested in learning what happened the last time the IRS has taken on a pro-Israel group, he should Google “Z Street,” a feisty organization headed by Jewish Press Online reporter Lori Lowenthal Marcus. As Lowenthal Marcus and others have reported over the past seven or so years, the IRS was “slow-rolling” discovery in lawsuits about how it slow-rolled applications by conservative non-profits in general and Z Street in particular.

In 2009, Z Street filed for 501(c)(3) status and was caught in the net of IRS targeting for groups that opposed Administration policy.

An IRS agent confirmed on the phone that Z Street’s application had been sent for special screening for groups connected with Israel. Z Street sued the IRS in 2010 for political discrimination that violated the First Amendment, and IRS Exempt Organizations Determinations Group manager Jon Waddell actually said in a December 2010 sworn declaration in federal court that the IRS flagged Z Street because “Israel is one of many Middle Eastern countries that have a ‘higher risk of terrorism.’”

“That’s hilarious,” wrote the Wall Street Journal last August, “since Z Street supports a country targeted by terrorism. But it also is untrue, which the Administration apparently knew before Mr. Waddell gave his statement to the court. In an October 25, 2010 internal IRS memo on the Z Street case produced in discovery, the IRS acknowledged that when Z Street’s application was being scrutinized Israel wasn’t on the list of terrorist countries, and that an agent may have been using an outdated list.”

If Jeremy Ben-Ami believes the Obama Administration is prepared to go after the tax-exempt status of yet another Zionist group — he should probably check with someone in the State Dept. Perhaps President Hillary Clinton would be inclined to alienate her Jewish voters and Israel by using the IRS for political purposes. It’s quite clear President Donald Trump won’t.

As to the self-congratulations of Ben-Ami on how he and J Street got the US and the EU to condemn Israel’s legal activities in Susiya — it stands to reason they knew all about it on their own. Why, the EU has been building illegal structures in Area C (which Regavim has successfully gotten demolished) without any help from J Street.

JNi.Media

Liberman Cites International Pressure over Arab Squaterville in Area C

Friday, September 2nd, 2016

Defense Minister Avigdor Liberman on Thursday sat with schoolchildren in the Jewish community of Susiya in south Mt. Hebron, next door to which a squatter Arab community has emerged recently, in an obvious attempt to challenge Israeli sovereignty over Area C of Judea and Samaria. Liberman told the children the encroachment by the residents of Yata Village to the lands near Susiya was not an accident, but a planned effort to physically separate the new community of Susiya and the historic synagogue on the nearby archeological site.

Susiya is a legitimate archaeological site in the southern Judean Mountains that bears the archaeological remains of a 5th century CE enormous synagogue, one of the largest and most magnificent ever discovered, which was turned into a mosque by the Arab invaders in the 8th century.

“Are you familiar with the archeological site of Susiya?” Liberman asked, and continued, “One day all kinds of illegal buildings started popping there, supported by foreign countries. And why did they pop there? On purpose, to divide between the community of Susiya and the historic Susiya.”

Liberman revealed that he had been under “pressure from all over the world” not to apply the demolition order handed out more than once by the Supreme Court. “The European Union, the US — they all discovered Susiya. Suddenly the United Nations Security Council is also interested in Susiya.” He promised the children he would obey the law and carry out the demolitions. “The free world is preaching especially for this to be a country of laws, and we must honor our judiciary system,” he said, with a hint of sarcasm.

UN Special Coordinator for the Middle East Peace Process Nickolay Mladenov told the Security Council that the demolitions of illegal Arab construction in Area C, which is under full Israeli control, violate the recommendations of the so-called Middle East Quartet, comprising the US, Russia, the EU and the UN, on the way forward in the peace process.

Liberman attacked the Europeans and the Americans who demand that Israel ignore the Supreme Court ruling to demolish Susiya, but to enforce the same court’s ruling on demolishing the Jewish Amona community in northern Samaria. “We are a country of laws,” he said, and we will honor ourselves and our laws, regarding Amona, E1 (the area connecting Jerusalema nd Ma’ale Adumim), and Susiya,” he clarified.

Liberman called on the residents of Amona to embrace the compromise being offered by the government, and moved to the promised homes to be built near their community. “I say to the residents of Amona, there’s a ruling of the high court and we will obey it. If anyone is delusing themselves that we won’t, it’s not going to happen. Whatever the court permits we will do. That’s why we offered many alternatives, and I hope we’ll find one the Amona residents will also accept.”

David Israel

Sharp Rightwing Criticism of Supreme Court Ruling on Demolishing Gush Etzion Homes

Friday, September 2nd, 2016

Following a Supreme Court Ruling Thursday ordering the evacuation and demolition of 17 structures in the Netiv Ha’Avot outpost in Gush Etzion, rightwing politicians called for a Regulation Act that would set out to legalize thousands of Judea and Samaria properties about which there are now or may be future claims. The general outline of the proposed regulatory legislation will authorize the Israeli government to compel proven claimants to receive market-value compensations, in comparable land or in money. A coalition move back in July to start work on the Regulation Act was thwarted by the AG Avihay Mandelblitt, who said the law is not constitutional and would be knocked down by the high court on appeal.

Thursday’s ruling, by a three-judge panel, evoked sharp criticism on the right, with Habayit Hayehudi Chairman Naftali Bennett condemning the ruling, saying extreme leftwing elements who have given up on their ability to ever persuade the people to accept a Palestinian State in Judea and Samaria are bypassing the public and usurping the legal system to force their policies on the majority. “When the Supreme Court collaborates with them this erodes the public trust in the court,” Bennett warned.

Minister Zeev Elkin (Likud), who is a resident of Gush Etzion, said the high court’s “scandalous decision” constitutes the crossing of red lines, revealing the court’s utter disconnection from common sense and from the historic values and the legacy of the nation of Israel. Elkin called on Justice Minister Ayelet Shaked (Habayit Hayehudi) to lead a far-reaching reform to regain the public’s trust in the Supreme Court.

Thursday’s ruling was an uncompromising order to destroy homes that “were built illegally on private lands.” Considering the fact that the ruling required forcing residents out of their homes, and the large number of homes in question, Court President Justice Miriam Naor gave government and the residents 18 months to prepare for the evacuation/demolition.

Naor wrote that the court ignored on principle the fact that the outpost had been established with government endorsement and support, saying government does not enjoy a special status when it comes to standing before the high court. “In the judicial process government is equal to other litigants,” Naor emphasized, adding that the fact that government had been aiding in a long-term illegal enterprise does not make it kosher.

According to the petition by Peace Now, which dug up the Arabs who are now claiming to be the original owners of Netiv Ha’Avot, the lands of the Al-Khader village near Bethlehem and Gush Etzion, in Judea, had been undergoing regulation by the Jordanian government at the time the IDF conquered the land in June 1967. The Israeli court opted not to rule whether or not the Jordanian government had the legal authority to carve up and hand out the land to local Arabs, land it had acquired through an act of war, invading the “West Bank,” including Jewish Gush Etzion, in 1948.

Davidi Pearl, who heads the Gush Etzion Regional Council, responded to the High Court’s decision saying the court had opted to belittle the government which had presented a vast array of legal alternatives that had been confirmed by the AG. Pearl called on the government to act immediately to enact a law to protect the honor of the Israeli government and the Judea and Samaria residents who had acted in good faith with the government’s encouragement.

JNi.Media

Jewish Man Arrested for Saying Shema on Temple Mount

Thursday, September 1st, 2016

A young Jewish man was arrested on the Temple Mount Thursday afternoon, for suspicion of saying “Shema Israel,” legal aid society Honenu reported. The detainee is being represented by a Honenu attorney.

The latest time to say the Shema on Thursday according to Jewish law was 9:27:29 AM, which suggests the young man was only reading the verse, rather than uttering it as part of his daily prayer, and should argue for a reduced sentence (Berachot 10b).

On the other hand, the young man could have been a Hasid, in which case he may have considered his uttering of the Shema to be part of his morning prayer, and his punishment should thus be more severe.

Regarding Jewish prayer on the Temple Mount, the 2010 US State Dept. report on religious freedom round the world apparently finds it disturbing that “a government policy since 1967, upheld repeatedly by the Supreme Court and routinely enforced by the police, denies religious freedom at the Temple Mount to all non-Muslims, although the government ensured limited access to the historic site to everyone regardless of religious beliefs. Only Muslims were allowed to pray at the site, although their access has been occasionally restricted due to security concerns. The police accompanied Jewish visitors to the site and removed them if they appear to be praying. Since 2000 the Jordanian Waqf that managed the site restricted all non-Muslims from entering the Dome of the Rock shrine and Al Aqsa Mosque.”

However, the 2014 DOS report on religious freedom appears to approve of the fact that the Israeli government limits Jewish religious observance at the Temple Mount, “though some Jewish groups sought to either legally overturn this policy or modify it to permit Jewish prayer, actions that were at times followed by a violent response from Muslim worshippers.”

David Israel

Printed from: http://www.jewishpress.com/news/breaking-news/jewish-man-arrested-for-saying-shema-on-temple-mount/2016/09/01/

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