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January 20, 2017 / 22 Tevet, 5777

Posts Tagged ‘Supreme Court’

Manya Hillel – Resident of Amona

Sunday, December 11th, 2016

Ari Abramowitz interviews Manya Hillel – resident of Amona.

Video of the Day

Survey: Only 22% of Israeli Jews Completely Trust Supreme Court

Sunday, December 11th, 2016

A new survey published by Prof. Avi Degani, founder and President of the Geocartography opinion and marketing institute, points to a sharp, 25% drop in the Israeli public’s trust, Jews and Arabs alike, in the Supreme Court. Only 22% of Israeli Jews expressed their complete faith in the court.

A similar survey that was done in 1991, 25 years ago, showed that 80% of the Israeli public, including Arabs, had a high or complete trust in the Supreme Court, compared with only 56% today. 12% of the Jews say have no trust whatsoever in the court, as opposed to only 3% that held the same view in 1991.

41% of Israelis had complete faith in the Supreme Court in 1991 – today it’s down to 22%.

Another institution that has suffered a severe loss of prestige is the State Auditor. In 1991, 80% had complete or high trust in this institution – today only 55% do. In the Arab sector, the drop was from 57% in 1991 to only 47% today.

The Knesset has maintained most of its status, but that’s only because it was very low 25 years ago – 27%. Today it’s down to 23%.

Prof. Degani cautioned that the fate of democracy is uncertain when the two branches of government whose job it is to restrain the executive branch are being held in such low regard by the public.

JNi.Media

State Attorneys to Request 1-Month Delay on Amona Evacuation

Sunday, December 11th, 2016

Attorneys for the state are expected to appeal to the High Court of Justice on Sunday, asking once more for a one month delay in the evacuation of families from their homes in the Jewish community of Amona, Israel Radio reported Friday.

Prime Minister Benjamin Netanyahu has said the delay is necessary to prepare temporary housing solutions for some of the 300 residents whose homes are to be demolished.

As it stands right now, the residents are slated to be expelled from their homes on December 25, if not before.

In 2006, residents and surrounding Israelis who stood in solidarity together with their neighbors fought against the evacuation when fewer than a dozen homes and structures were forcibly demolished in the same community. That expulsion swiftly became the most viciously conducted operation against Jews ever carried out by Israeli government forces in the history of the state. Both protesters and police were badly injured, with security horses used to trample some of those who were resisting evacuation, and batons used to batter and beat others. A number of people were permanently disabled; others were deeply traumatized.

The violence that took place was such that lawmakers and locals have never forgotten; the memory of “Amona” is seared into the consciousness of every Israeli who lives in Judea and Samaria.

Pro-“settler” Jewish Home party chairman and Education Minister Naftali Bennett has asked residents not to resist forces who come to evacuate them from their homes when the time comes.

But a growing number of IDF and Border Guard Police forces are also asking not to be involved in the evacuation process when the time comes to take Jewish residents from their homes.

The Hebrew-language 0404 website featured another handwritten letter alleged to be from one of the units Saturday evening, requesting not to be ordered to participate in the expulsion of Amona.

According to a report broadcast Saturday night by Channel 2 television news, each family evacuated from the community will receive financial compensation of approximately NIS 500,000 ($130,000), depending on the estimated value of their property.

The expulsion is due to an order by the Supreme Court, which in 2014 decided in favor of a petition by leftist groups working together with the Palestinian Authority, who claimed a portion of the community was built on privately-owned land that belonged to individual PA citizens.

Hana Levi Julian

Arrangement Act Protecting Judea and Samaria Communities Approved in Preliminary Vote

Thursday, December 8th, 2016

Following a lengthy debate Wednesday, the Knesset passed in a preliminary vote the Arrangement for Settlements in Judea and Samaria Act 5777-2016, submitted by MKs Bezalel Smotrich, Yoav Kish, Shuli Mualem, David Bitan and Oren Hazan, with 58 for and 51 against. The bill will return to the joint committee for Constitution, Law and Justice and Foreign Affairs and Security, to be prepared for a second and third vote.

According to the thrice revised bill in its final version, should the military commander of Judea and Samaria find that in the period prior to the new legislation an Israeli settlement had been built on land where the use and retention rights do not belong to the military commander nor to the custodian of government property, and construction on the land had been done in good faith, or – in cases where previous ownership had not been proven – given government approval, land use rights shall be appropriated and passed to the custodian of government property. Henceforth, the appropriation of land use rights will remain in effect until a political decision is reached regarding the status of the territory.

A claimant who proved ownership of the appropriated land will be able to choose between collecting an annual rent at a rate of 125% of said land’s annual value; aggregated rent for periods of 20 years at a time at 125% of land value for this period of time; or receiving alternative land. Appropriate land market values shall be set by a committee established by the Justice Minister in consultation with the Defense Minister. Committee members shall be representatives of the justice and finance ministries, as well as a representative of the military commander.

As to the burning issue of Amona, in Samaria, which is slated for demolition by decree of the Supreme Court on Dec. 25, the new bill determines that all cases which have already been ruled by the courts prior to its going into effect will be carried out. However, regarding three settlements – Ofra, Netiv Ha’avot and Eli – all proceedings in areas about which the courts have not yet ruled will be suspended for 12 months. The military commander will use this delay to examine whether said settlements were established in good faith, in which case they, too, would be included in the new law.

Needless to say, the opposition – and Likud MK Benny Begin – was irate at the proposed bill and expressed its rage at length and in great detail, essentially accusing the Likud-led government of legalizing theft, as Meretz MK Tamar Zandberg noted, “Provided that the thieves are Jewish and those being stolen from are Arabs.”

MK Ayman Odeh (Joint Arab List) accused the government of populism and corruption. MK Amir Peretz (Zionist Camp) condemned the residents of Amona who dared set up temporary housing for thousands of protesters they invited for eviction day. MK Dov Hanin (Joint Arab List) said that had the government spent the time it devotes to Amona to finding solutions to Israel’s housing crisis, said crisis would have been long gone.

MK Amir Ohana (Likud) reminded the plenum that Israel, like all other governments, regularly employs the concept of eminent domain – the right of a government or its agent to expropriate private property for public use, with payment of compensation. The bill is attempting to employ the same logical principle in an occupied territory that should have been annexed and normalized long ago. Why must Israeli civilians suffer because their government still hesitates to make things right in Judea and Samaria?

Education Minister and Habayit Hayehudi Chairman Naftali Bennett represented the government in the deabte and said the new bill is a historic turn in Israel’s history, deciding that half a million Israelis who live in Judea and Samaria “are not guests, nor are the occupiers, they are local residents.”

Bennett promised that next the government will impose Israeli sovereignty on the town of Ma’ale Adumim, east of Jerusalem. Such a move will create an urban corridor across the narrowest segment of the liberated territories, eliminating any chance for a future contiguous Palestinian State.

“I wish to thank Peace Now, who’ve kept sending us little mosquitoes in the form of another Supreme Court ruling, and yet another one,” Bennett told the plenum. “Now, because of Peace Now we are no longer fighting the mosquitoes – we’re draining the swamp.”

The latter line was an obvious reference to President-Elect Donald Trump’s campaign promise to drain the DC swamp, and a clear promise from the Habayit Hayehudi leader to take full advantage of the new and very different leader of the free world.

JNi.Media

Yesh Din NGO Insists No Remedy for Amona Jews, Only Full Demolition, Eviction

Wednesday, December 7th, 2016

The anti-Zionist NGO Yesh Din announced Tuesday night that the solution of moving the Amona residents to a nearby location where the land belongs to absentee landlords and could therefore be appropriated by the state “was never a possibility,” because those plots “have never been abandoned,” Walla reported. The NGO, which receives an annual budget of approximately $1.6 million from the EU, the UK, and a long list of European organizations, urged the Netanyahu government to “focus on its duty the evacuate Amona instead of trying to shirk its responsibility in many different ways.”

The Regulation Act attempting to deal with Arab claims against existing Jewish communities in Judea and Samaria was approved by the Knesset in a preliminary vote Tuesday, but only after the Habayit Hayehudi bill’s sponsors agreed to drop item 7, which says the new law would include retroactively the Arab claimants against Amona. In return, Attorney General Avichai Mandelblit promised his support to a solution that would include moving the expelled residents to a nearby three legal locations.

Now it turns out that Yesh Din has petitioned the Supreme Court regarding the ownership of two out of the three plots, which means the state may not declared the owners absentee landlords and may not appropriate them.

Initially, according to the proposal agreed upon by PM Netanyahu and Habayit Hayehudi Chairman Naftali Bennett and approved by the AG, the 42 Amona families were going to be moved to a 4.1 acre area. One of the plots was disqualified as unfitting for construction, leaving the remaining three plots which amount to 3.28 acres, where the new plan called for constructing 31 homes really close to one another.

The Amona residents, who were originally willing to go along with the new plan, are now fiercely against it, as one resident argued, “It amounts to stuffing us in caravans in a relocation camp, it doesn’t make sense.”

David Israel

‘Peace Index’ Survey Reveals 48% of Israeli Jews Believe Left ‘Disloyal’

Tuesday, December 6th, 2016

The Monthly Peace Index, published on Monday by the Israel Democracy Institute and Tel Aviv University, found that a significant percentage of Israeli Jews consider the Left disloyal. 55% of the Jewish public agree that criticizing policy in times of security tension is illegitimate, and 48% of Israeli Jewish citizens think the political Left is not loyal to the country. 43% think the Left is loyal. In the Arab sector, 69% view the Israeli left as loyal to the country.

The monthly survey questions a representative sample of 600 Israelis, 500 Jews, 100 Arabs, from Nov. 29  to Dec. 1, 2016.

Trump is good for Israel? 48.5% of the Jewish public believe President-elect Trump is more sympathetic to Israel, while only 1% think he is more sympathetic to the Palestinians. 22% saw him as equally sympathetic to the two sides, and 7% did not see him as favoring either side. 22% were not sure. 60% of Arabs view the President-elect as more sympathetic to Israel.

A whopping 80.5% of the Jewish public agree with the recent statement by Ambassador Ron Dermer that “Israel has no doubt that President-elect Trump is a true friend of Israel.” In the Arab public a very similar rate expect US-Israel relations will flourish under Trump, although that does not necessarily make them happy.

55% of the Jewish public do not fear that the new president’s election will foster a rise in US anti-Semitism. Interestingly, the further to the left a respondent was, the more afraid they were of rising anti-Semitism under Trump. And, in a reversal of historic roles, 73% believe that the Israeli government should intervene on behalf of American Jews and use its ties with the Administration to get it to act against anti-Semitic phenomena.

On December 25, the Samaria settlement of Amona is expected to be demolished and evacuated following a Supreme Court ruling. The Netanyahu government is advancing the Regulations Act to prevent future demolitions and possibly the Amona destruction as well. The Jewish public is divided on this question, with 46% supporting the government’s pro-settlement position, and 43% supporting the attorney-general’s resistance to the proposed law. Among those defining themselves as rightwing, more than two-thirds identify more with the government’s position; among those defining themselves as leftwing, some 80% identify more with the attorney-general’s stance.

The proposed “muezzin law,” prohibiting the use of loudspeakers in Israeli mosques from 11 PM to 7 AM is supported by 56% of the Jewish public. 59% believes understandings can be reached on the problem of the disturbance created by the muezzins’ calls, and that the issue can be resolved in less official ways. 93% of Arab respondents believe that understandings and a satisfactory solution could be achieved in non-legislative ways.

On the idea of annexing all of Judea and Samaria, 49 years after Israel had liberated them, 44% of the Jews in Israel support annexation, 38% object. As for the assertion that “If the territories are annexed and one state is established under Israeli rule, there will be no choice but to give the Palestinians full and equal civil rights,” 48% disagree while 42% agree.

JNi.Media

Peace Now Urging Destruction of War Heroes’ Monuments

Tuesday, December 6th, 2016

Peace Now, representing Arab claimants have told Israel’s Supreme Court they insist on the demolition of monuments to IDF war hero, special force Sayeret Matkal Lieutenant Colonel Emanuel Moreno, who was killed on a secret mission during the 2006 second Lebanon war; and First Lieutenant Asher Ezra who was killed in a chase after terrorists in Lebanon in 1993. Both monuments are slated for demolition by the end of December. They are part of the Netiv Ha’avot neighborhood in Gush Etzion outside Jerusalem, which was slated for demolition no later than March 2018 by the Supreme Court.

The families of both war heroes appealed to Supreme Court President Justice Miriam Na’or asking that the monuments be demolished when the rest of the neighborhood is slated to be razed, to give them time to find a new location.

“Our appeal to you is personal, painful and heartfelt,” the families wrote Na’or. “The site was established in good faith, displacing no one and nothing, and disturbing no one.”

“We were not aware of any problem associated with the location,” the families continued, stressing that the monuments are obviously not housing units. They also wrote they had not been aware of the litigation associated with the location.

Peace Now refused the families’ plea, suggesting “another delay will be used by respondents to torpedo the return of the land to its rightful owners.”

“While acknowledging the sadness involved, the claimants do not bear responsibility for past failures nor the fact that the [memorial’ was built illegally and without their consent. […] The pain caused the Moreno and Asher families was not the fault of the land owners,” Peace Now told Justice Na’or.

David Israel

Printed from: http://www.jewishpress.com/news/breaking-news/peace-now-urging-destruction-of-war-heroes-monuments/2016/12/06/

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