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December 10, 2016 / 10 Kislev, 5777

Posts Tagged ‘Yesh Din’

Court Rejects Freedom of Information Request to Shield Archeologists from BDS Attacks

Wednesday, November 23rd, 2016

The Jerusalem District Court on Monday rejected a petition filed by two extreme-left, anti-Zionist NGOs, Yesh Din and Emek Shaveh, against the Archeology Department of the IDF Civil Administration in Judea and Samaria, demanding to know the names of archeologists working in digs around the liberated territories. District Court Judge Yigal Marzel ruled that publicizing their names would expose these archeologists to academic boycotts as well as possibly sabotage Israeli government archeological projects in Judea and Samaria.

Judge Marzel accepted the State’s argument that the archeologists, who testified in a separate hearing without the petitioners’ presence, would be exposed to academic boycotts should their names be published. Such boycotts could prevent the archeologists from publishing their findings in international academic journals, and they could be shunned by their foreign peers, seriously damaging their professional careers.

Judge Marzel ruled that the potential personal harm to the archeologists and their research justifies concealing their names. A few of the archeologists who testified consented to have their names be revealed to the petitioners, and they were.

The court sided with the State regarding the petitioners’ request for information on the location of the discovered archeological finds, accepting the argument that such exposure could lead to the theft of the artifacts.

The court also rejected the petitioners’ demand to review the list of artifacts the Israel Antiquities Authority has lent out for exhibition. Judge Marzel also refused to compel the IAA to hand over the records of specific digs, Tel Batir and Tel Shiloh, in Judea and Samaria.

The court did side with the petitioners’ demand to receive a list of the digs in Judea and Samaria, as well as the dates of their completion an future plan for their use.

Yesh Din’s annual budget, based on its 2014 report to the Israeli Registrar of Non-Profits, is $1,565,000. Its donors include the EU, the UK, Human Rights and International Law Secretariat (joint funding from Sweden, Switzerland, Denmark and the Netherlands), Norwegian Refugee Council, Catholic Agency for Overseas Development (CAFOD), HEKS (Switzerland), Norway, Ireland, Germany, and Oxfam-Novib (Netherlands).

Emek Shaveh’s annual budget, also based on a 2014 report to the Israeli Registrar of Non-Profits, is $246,225. Its donors include Switzerland (FDFA – Swiss Foreign Ministry), HEKS (Switzerland), Cordaid (Netherlands), Norway, Ireland, Oxfam GB (UK), CCFD-Terre Solidaire (France), and Oxfam Novib (Netherlands).

JNi.Media

Complying with Ottoman Law, IDF Panel Revokes Jewish Community’s Land Ownership

Monday, August 8th, 2016

The IDF Appeals Committee in Judea and Samaria has ruled recently that the 2013 declaration of an area of some 55 acres in the vicinity of Kokhav Ya’akov, between Jerusalem and Ramallah, as state land is null and void, because the process of making the acquisition was improper, Ha’aretz reported Monday. The military panel was also critical of the lack of transparency in making the declaration public — meaning that it was being kept out of PA Arabs’ earshot.

The panel’s ruling on an appeal by NGO Yesh Din on behalf of alleged Arab land owners, is more a judicial recommendation to the IDF in the area than a compelling decision, but should the declaration of state land be appealed in the Israeli Supreme court — as it surely will be — the panel’s decision would influence the justices’ ruling.

The grounds for dismissing the government acquisition of the land has to do with its failure to adequately comply with Ottoman Law — a remnant of the Turkish government’s rule over these lands before 1918, which continues to be the law of the land; and will continue to be so as long as Israel fails to impose Israeli law on Area C, where Jews live.

Ottoman law says that a man can establish claim to his land if he can show that he has been tilling it for the previous ten years. The state tried to comply with the law by providing aerial photographs of the area from 1969, showing clearly that the land was not being cultivated.

However, the dissemination of lands to local Arabs by King Hussein, who ruled the area from 1949 to 1967, took place in 1961. So the panel ruled that the aerial photos proving the land was not being cultivated had to be from before 1961, and, according to the state, such photographs could not be found.

There are photographs from 1944 showing that some of the land was being tilled then.

The judges wrote that they were not convinced the state had made the full effort to discover those 1956 aerial photographs, and that without them the panel must rule that the situation back in 1944 continued uninterrupted through 1961. Of course, the decision to require a photograph from before 1961 assumes that when King Hussein handed over lands to the heads of local Arab clans (whom he viewed as a source of potential rebellion) — he had the right to give those lands away. But Hussein was never recognized universally as the sovereign of the “West Bank,” which was considered an occupied territory, along the 1949 armistice border with Israel.

Local residents of Kokhav Ya’akov say they have also purchased the land, but regardless of the ownership papers they would present to the high court, organizations like Yesh Din will rustle up a group of Arab claimants to the land, with papers freshly minted by the Palestinian Authority in Ramallah showing the land belongs to them.

According to NGO Monitor, Yesh Din operates on an annual budget of $1.58 million, provided by the EU, UK, Sweden, Switzerland, Denmark, the Netherlands, Norwegian Refugee Council, Catholic Agency for Overseas Development, HEKS (Switzerland), Norway, Ireland, Germany, and Oxfam-Novib (Netherlands).

David Israel

Venezuela’s UN Ambassador Compares Israel to Nazis

Sunday, May 8th, 2016

Israel was accused in the United Nations on Friday by Venezuela of preparing a ‘final solution’ for Arabs from the Palestinian Authority.’

“What is Israel planning to do with the Palestinians?” asked Venezuela’s UN Ambassador Rafael Ramirez. “Do the Israelis want the Palestinians to disappear? Is Israel preparing a ‘final solution’ for the Palestinians similar to that which was perpetrated against them?”

Venezuela holds one of the ten rotating seats on the UN Security Council.

Ramirez was present at a meeting of the council where Michael Sfard, a member of the far-left Yesh Din organization, described ‘price tag’ attacks by Israelis against Arab targets and the response by law enforcement.

Sfard suggested that price tag attacks are an attempt by Jews to drive Arabs out of the country. Ramirez asked during his presentation whether the State of Israel had a similar agenda.

The comparison, drawing a link between Israel and Nazi Germany, drew immediate outrage from Israel’s Ambassador to the UN, Danny Danon.

“This statement by the Venezuelan ambassador is straightforward anti-Semitism against the Jewish state,” said Danon,” according to a statement by the Israeli mission to the UN. “His remarks are a direct continuation to the Palestinian representative’s statement a few days ago comparing Israel to the Nazis,” Danon said, adding the remarks were “unequivocally condemned” by the U.S., the UK and France.

Ramirez subsequently apologized to the “Jewish People if they were offended by the remarks,” according to the statement.

“The Palestinians are bringing anti-Semitism into the halls of the UN and are legitimizing racists and crass language in the parliament of nations,” Danon noted.

Last month Palestinian Authority representative to the UN Riyad Mansour drew a parallel between the Jewish resistance fighters during the Holocaust and the Arab attackers in the current wave of terror.

The attempt to compare the two was roundly condemned at the time by the Conference of Presidents of Major American Jewish Organizations as “offensive, hateful anti-Semitism.”

Hana Levi Julian

Fear of Violence Prompts Police to Seek Delay of Synagogue Demolition

Wednesday, November 4th, 2015

Police may be the surprising savior, even if temporarily, for a Jerusalem area synagogue that the High Court ordered demolished by Thursday because of claims that Jews did not buy the property.

The court has postponed several times the demolition of the house of worship at Givat Ze’ev, a community located on Highway 43 in Samaria and 12 miles west of Jerusalem.

The police want it delayed again for three weeks because of fear of “price tag” attacks amid the current wave of Palestinian Authority and Israeli Arab violence.

Protesters at Givat Ze’ev already have posted banners proclaiming “Down with the High Court” and slogans that condemn the destruction of a synagogue while homes of some terrorists are not razed.

Demonstrators have made it clear that there will be a violent clash with police and wrecking crews if the demolition is carried out. A gas canister already has been placed on the roof of the synagogue, and some people have threatened suicide.

The synagogue was built 20 years ago, but left-wing activists began a legal campaign seven years ago, claiming that Palestinian Authority Arabs owe the property. The court ruled that deeds of purchase presented by Givat Ze’ev were not valid.

Tzvi Ben-Gedalyahu

UPDATE: Givat Ze’ev Synagogue Activists Call for Civil Disobedience to stop Demolition

Tuesday, November 3rd, 2015

UPDATE 10:50 PM There are reports of trucks carrying bulldozers coming up Route 443 to Jerusalem. This could mean that police will try to position the machinery in place before local residents organize to block them.

UPDATE: The Supreme Court will hear from the State’s Attorney Wednesday at 8:30 AM, regarding the decision to demolish the Ayelet Hashachar synagogue in Givat Ze’ev. So far Chief Justice Miriam Na’or has not indicated that she intends to postpone the demolition order, and so the deadline for razing the synagogue is still Thursday.

The campaign against the demolition has been calling the public to arrive at the synagogue in order to protect it with their bodies, to prevent the demolition. One of the leading activists in the fight told Srugim that there is concern the police would arrive late at night and block access to the synagogue, to prevent attempts at civil disobedience. Residents are afraid police will also take over the place Tuesday tonight, as they have done countless times in such cases in the past, and will await the instructions of the court, to halt the demolition or to go ahead with it. In the past, on such occasions, police have been known to “jump the gun” and demolish the contested property during the night, even before receiving the final court order.

Leaflet calling on Jews to protect the synagogue with their bodies

Leaflet calling on Jews to protect the synagogue with their bodies

Following an evaluation by the police, the High Court decided to delay the demolition of the Ayelet Hashachar synagogue by three weeks. It was slated for destruction tonight.

The High Court decided that the synagogue must be destroyed as the Jewish owners couldn’t prove to the court’s satisfaction that their land purchase was from the rightful owner.

The son of the Arab they bought the land from claimed his father bought it from the original Arab owner and then resold it. The son of the original owner claims his father never sold the land.

One of the Arabs is lying, but no one knows which, and the High Court has decided in favor of the original owner, but originally delayed the destruction to see if a compromise could be reached or more documentation could be found.

Despite paying for the land once and in full, the synagogue has offered to also pay the original owner’s son in full, including back rent, just to end the controversy, but the original owner’s son has rejected the offer, and has demanded the synagogue’s destruction. The original owner is being assisted by the “Yesh Din” NGO.

It is not clear, if that would be sufficient anyway, as additional heirs could still come forward and claim that first son did not have the exclusive right to sell it.

The synagogue has several hundred members.

Jewish Press News Briefs

Netanyahu’s Pre-UN Speech Message: Legalize Adei Ad Outpost

Wednesday, September 30th, 2015

Government prosecutors have told the Supreme Court Wednesday it intends to legalize the controversial Adei Ad outpost in Samaria while admitting that it was built illegally.

The announcement came hours Prime Minister Binyamin Netanyahu’s speech to the United Nations General Assembly and may indicate that the Prime Minister is going to match Palestinian Authority chairman Mahmoud Abbas’ hardliner stance towards Israel by making it clear that the number of “settlements” will grow.

However, the announcement also could be part of a political deal with leaders of Judea and Samaria, legalizing the outpost but continuing an unofficial building freeze or carrying out the dismantlement of other outposts.

The government response puts a huge hole in efforts by the anti-settlement Yesh Din organization, which has petitioned the court in the name of four Arab villages to order the expulsion of Adei Ad residents.

The government told the Supreme Court that it will examine the status of all the Adei Ad land, which the community says is state land. The court previously has rejected Arab claims that Arab land belongs to them.

A closer probe of the status could result in the government’s widening the area that is considered state land, in director opposition to Arab claims of ownership.

Approximately 40 families live on Adei Ad, which was built in 1998.

Tzvi Ben-Gedalyahu

Can Peres and Abbas Save ‘Settlers’ Synagogue from Destruction by Israel?

Sunday, September 27th, 2015

A Jerusalem area community in Samaria is hoping former president Shimon Peres and Palestinian Authority chairman Mahmoud Abbas can help them stop the planned government destruction of a 20-year-old synagogue allegedly built on Arab land.

The Supreme Court, which previously accepted leftists’ claims that the synagogue was built on private Arab land, received on Friday a last-ditch petition to stop the destruction, based on arguments that the court and the government did not take into consideration international law concerning the  protection of Holy Sites.

The appeal, filed by attorney Gilad Korinaldy on behalf of Givat Ze’ev regional council rabbi Yosef Toledano, also asked the court to consider aspects of Jewish law, the Hareidi website Kikar Shabbat reported.

The court has ordered Prime Minister Binyamin Netanyahu and Defense Minister Moshe Ya’alon to answer the petition by next Monday night, the end of Simchat Torah in Israel.

The Netanyahu administration has ordered that the 2-year-old Ayelet HaShachar synagogue, where several hundred congregants have prayed, be demolished immediately after the Sukkot-Simchat Torah holiday.

The petition to the court also explained that the community has appealed to Peres and Abbas to “think outside the legal box” and find a political-diplomatic solution.

Korinaldy, who also represented Gush Katif in efforts to save Gush Katif synagogues from destruction in the expulsion of Jews from Gaza in 2005, said, according to Kikar Shabbat:

Synagogues are the voice of the existence of Judaism for generations. All possibilities must be examined to protect the holiness of Israel and respect for God. There is no greater disgrace than Jews destroying a synagogue.

TheJewishPress.com reported here last month that Givat Ze’ev worshippers already have taken holy books out of the synagogue in preparation for the demolition, which Prime Minister Netanyahu postponed from August until immediately after the holidays.

The  suit against the synagogue followed the pattern of several previous appeals by the left-wing Yesh Din and Peace Now grows, arguing that Jews did not legally buy the land on which they built.

It usually is difficult to prove the legal purchase because it is always done through a third-party. Otherwise, the Arab seller would face death, either by an angry mob or by the Palestinian Authority policy that follows the Jordanian law that selling land to a Jew is punishable by execution.

If the petition is successful, it would prove the seeming impossibilities of life in Israel.

Who would dream that Peres and Abbas would be the intermediaries to stop the destruction of a Jewish place of worship in the “occupied territories?”

Tzvi Ben-Gedalyahu

Printed from: http://www.jewishpress.com/news/breaking-news/can-peres-and-abbas-save-settlers-synagogue-from-destruction-by-israel/2015/09/27/

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