15 aug 2018
Jerusalem's court of appeals recommends the expulsion of Eritreans lacking refugee status; 'Israeli citizens living near infiltrators are suffering, and there is no choice but to deport them directly to their country of origin, otherwise they should be given permanent status in Israel.'
The Jerusalem District court of appeals, which hears appeals regarding status of residency in Israel, presented the state with an exceptional and unusual decision on Tuesday recommending the expulsion of all Eritrean asylum seekers back to their country
"Regardless of their political position as supporters or opponents of the regime," the decision read.
The court's ruling was given during the hearing of a 44-year-old Eritrean citizen who appealed the Population and Immigration Authority's decision not to grant him a refugee status.
The appellant infiltrated Israel in 2009 after he deserted the Eritrean army and asked to be recognized as a refugee fleeing persecution by the authorities in his country.
The Immigration Authority rejected his request about a year ago on the grounds that "desertion or evasion of military service does not constitute grounds for political persecution and therefore does not constitute grounds for recognizing deserters as refugees."
The judge based his decision on the "the raging crime committed by infiltrators on the streets and the helplessness of the judicial system in bringing them to face criminal charges."
"The solutions proposed by the state so far (Saharonim detention facility, expelling Eritreans to a third country, the Deposit Law, and the UN proposition) have failed," the judge added.
As for infiltrators from Sudan, the judge said he has no intention of discussing their status" in the framework of this hearing."
The judge also stated that the courts ruling is reinforced by a change in the political-regional circumstances (Eritrea-Ethiopia peace deal signed last month), the reduction of the length of the Eritrean national service to 18 months, and the ruling of the Federal Court of Switzerland (issued on July 10) which stated that approving the expulsion of Eritreans infiltrators back to their country.
According to the judge, in light of reports regarding the peace agreement between Eritrea and Ethiopia, and the new restriction on the Eritrean national service, now "the door is open and the time is ripe for a change in the Israeli policy. The government should order the expulsion of Eritreans back to their country, as long as the state denied their asylum application."
The judge ruled that the Refugee Convention's clauses do not apply to this case, since the asylum seeker failed to submit evidence showing otherwise.
However, the Population and Migration Authority emphasized that the appellant will continue to benefit from the temporary group protection given to all Eritrean citizens residing in Israel, including army and national service deserters, in accordance with the "non-refoulement" principle and in light of the decision to recognize Eritrea as a country in a state of crisis.
Yonathan Yaakobovich, director of activities at the Israeli Immigration Policy Center, praised the decision and said that "this is an important ruling that confirms what we have known for years—there is no justification for their stay in Israel, and most of the infiltrators can, in fact, return to their country…one can only hope that this ruling will restore some common sense to Israel's asylum system."
Human rights organizations, including the Hotline for Refugees and Migrants and the Association for Civil Rights in Israel, strongly criticized the decision.
"The judge decided to share his own political doctrine and launch an unprecedented attack on the rulings of the Supreme Court and the government," they said.
"The judge's decisions and recommendations are based on false reports and unverified theories, since the Eritrean regime has yet to address recent reports about the new restriction posed on the length of the army service.
"Forced recruitment is still taking place in Eritrea, as the Swiss embassy in Israel explained, contrary to reports; Switzerland does not expel Eritreans to their homeland.
"In addition, representatives of the Ministry of Foreign Affairs, the Ministry of Justice, and the National Security Council made it clear that Israel cannot deport Eritreans to their homeland since their life are in danger in Eritrea," the organizations concluded.
A member of the Tel Aviv Residents Center, Shefi Paz said in response to the ruling: "the way I see it, the judge is the boy who came out against the lies and political correctness and said that the emperor has no clothes, for many years we have been saying exactly that—send them home…On August 30, on the anniversary of the Prime Minister's promises to the residents of South Tel Aviv and the citizens of the state, we will hold a large demonstration at the same spot."
The Jerusalem District court of appeals, which hears appeals regarding status of residency in Israel, presented the state with an exceptional and unusual decision on Tuesday recommending the expulsion of all Eritrean asylum seekers back to their country
"Regardless of their political position as supporters or opponents of the regime," the decision read.
The court's ruling was given during the hearing of a 44-year-old Eritrean citizen who appealed the Population and Immigration Authority's decision not to grant him a refugee status.
The appellant infiltrated Israel in 2009 after he deserted the Eritrean army and asked to be recognized as a refugee fleeing persecution by the authorities in his country.
The Immigration Authority rejected his request about a year ago on the grounds that "desertion or evasion of military service does not constitute grounds for political persecution and therefore does not constitute grounds for recognizing deserters as refugees."
The judge based his decision on the "the raging crime committed by infiltrators on the streets and the helplessness of the judicial system in bringing them to face criminal charges."
"The solutions proposed by the state so far (Saharonim detention facility, expelling Eritreans to a third country, the Deposit Law, and the UN proposition) have failed," the judge added.
As for infiltrators from Sudan, the judge said he has no intention of discussing their status" in the framework of this hearing."
The judge also stated that the courts ruling is reinforced by a change in the political-regional circumstances (Eritrea-Ethiopia peace deal signed last month), the reduction of the length of the Eritrean national service to 18 months, and the ruling of the Federal Court of Switzerland (issued on July 10) which stated that approving the expulsion of Eritreans infiltrators back to their country.
According to the judge, in light of reports regarding the peace agreement between Eritrea and Ethiopia, and the new restriction on the Eritrean national service, now "the door is open and the time is ripe for a change in the Israeli policy. The government should order the expulsion of Eritreans back to their country, as long as the state denied their asylum application."
The judge ruled that the Refugee Convention's clauses do not apply to this case, since the asylum seeker failed to submit evidence showing otherwise.
However, the Population and Migration Authority emphasized that the appellant will continue to benefit from the temporary group protection given to all Eritrean citizens residing in Israel, including army and national service deserters, in accordance with the "non-refoulement" principle and in light of the decision to recognize Eritrea as a country in a state of crisis.
Yonathan Yaakobovich, director of activities at the Israeli Immigration Policy Center, praised the decision and said that "this is an important ruling that confirms what we have known for years—there is no justification for their stay in Israel, and most of the infiltrators can, in fact, return to their country…one can only hope that this ruling will restore some common sense to Israel's asylum system."
Human rights organizations, including the Hotline for Refugees and Migrants and the Association for Civil Rights in Israel, strongly criticized the decision.
"The judge decided to share his own political doctrine and launch an unprecedented attack on the rulings of the Supreme Court and the government," they said.
"The judge's decisions and recommendations are based on false reports and unverified theories, since the Eritrean regime has yet to address recent reports about the new restriction posed on the length of the army service.
"Forced recruitment is still taking place in Eritrea, as the Swiss embassy in Israel explained, contrary to reports; Switzerland does not expel Eritreans to their homeland.
"In addition, representatives of the Ministry of Foreign Affairs, the Ministry of Justice, and the National Security Council made it clear that Israel cannot deport Eritreans to their homeland since their life are in danger in Eritrea," the organizations concluded.
A member of the Tel Aviv Residents Center, Shefi Paz said in response to the ruling: "the way I see it, the judge is the boy who came out against the lies and political correctness and said that the emperor has no clothes, for many years we have been saying exactly that—send them home…On August 30, on the anniversary of the Prime Minister's promises to the residents of South Tel Aviv and the citizens of the state, we will hold a large demonstration at the same spot."
7 aug 2018
Israeli Minister of Justice, Ayelet Shaked, warned of an "earthquake" to occur in the case that the Israeli High Court of Justice decides to overturn the controversial Nationality Law.
According to Times of Israel news outlet, during an interview with the official Israeli Army Radio, Shaked said that the Israeli High Court has no right to strike down the law on constitutional grounds, because it was passed as a Basic Law.
The Basic Laws of Israel are the constitutional laws that can only be changed by a supermajority vote in the Israeli Knesset, hence the constitutional underpinning of the Israeli justice system.
Shaked stressed that "such a move would cause an earthquake between different authorities."
Shaked added that "the Knesset is the constituent assembly, which defines and determines the Basic Laws. The High Court justices have to interpret the laws in accordance with the Basic Laws," explaining that she doesn't believe the majority of the High Court would take such a step.
Shaked restated her support for the controversial law, which has been labeled as racist against non-Jewish minorities.
Since the law was passed in July, at least three petitions have been submitted to the Israeli High Court, demanding that the justices overturn the law for its discrimination.
One of the petitions was filed by Adalah, the Legal Center for Arab Minority Rights in Israel, against the Nationality Law, demanding the Israeli High Court to overturn it for its discrimination.
The petition was submitted on behalf of all of the Arab political leaderships in Israel, the High Follow-Up Committee for Arab Citizens of Israel, the National Committee of Arab Mayors, the Joint List parliamentary faction and in the name of Adalah, against the Knesset, according to an Adalah press release.
The petition stated that "there is no single constitution in the world today that declares in its laws that it will act to advance the interests of the dominant group, particularly when it concerns public resources such as land."
The Nationality Law enshrines the status of the State of Israel as the nation state of the Jewish people.
The law includes legally preserving Israel's "democratic" character, its state symbols (national anthem, flag, icon), Jerusalem as the capital of Israel, Hebrew as the official language and the right of return for Diaspora Jewry.
Critics of the law raised concerns that the law will deepen a sense of apartheid within the Arab community, which has become a minority over the years.
According to Times of Israel news outlet, during an interview with the official Israeli Army Radio, Shaked said that the Israeli High Court has no right to strike down the law on constitutional grounds, because it was passed as a Basic Law.
The Basic Laws of Israel are the constitutional laws that can only be changed by a supermajority vote in the Israeli Knesset, hence the constitutional underpinning of the Israeli justice system.
Shaked stressed that "such a move would cause an earthquake between different authorities."
Shaked added that "the Knesset is the constituent assembly, which defines and determines the Basic Laws. The High Court justices have to interpret the laws in accordance with the Basic Laws," explaining that she doesn't believe the majority of the High Court would take such a step.
Shaked restated her support for the controversial law, which has been labeled as racist against non-Jewish minorities.
Since the law was passed in July, at least three petitions have been submitted to the Israeli High Court, demanding that the justices overturn the law for its discrimination.
One of the petitions was filed by Adalah, the Legal Center for Arab Minority Rights in Israel, against the Nationality Law, demanding the Israeli High Court to overturn it for its discrimination.
The petition was submitted on behalf of all of the Arab political leaderships in Israel, the High Follow-Up Committee for Arab Citizens of Israel, the National Committee of Arab Mayors, the Joint List parliamentary faction and in the name of Adalah, against the Knesset, according to an Adalah press release.
The petition stated that "there is no single constitution in the world today that declares in its laws that it will act to advance the interests of the dominant group, particularly when it concerns public resources such as land."
The Nationality Law enshrines the status of the State of Israel as the nation state of the Jewish people.
The law includes legally preserving Israel's "democratic" character, its state symbols (national anthem, flag, icon), Jerusalem as the capital of Israel, Hebrew as the official language and the right of return for Diaspora Jewry.
Critics of the law raised concerns that the law will deepen a sense of apartheid within the Arab community, which has become a minority over the years.
6 aug 2018
The Samara home in Beit al-Baraka after it was destroyed by Israel settlers.
Israeli settlers, escorting a bulldozer, on Monday, demolished two Palestinian homes at Beit al-Baraka church compound at the Hebron-Jerusalem road, despite the presence of a court order allowing the owners to stay in their homes, according to the owner of the two homes, Ahmad Samara.
He told WAFA that scores of settlers from several hardcore illegal settlements, including Kiryat Arba, north of Hebron, and protected by Israeli forces, escorted a bulldozer into Beit al-Baraka church compound and proceeded to demolished the two homes where he and his family had lived for over 40 years.
Samara said that when the family attempted to stop the demolition and to show the army the Israeli court order that allows it stay in the homes, the soldiers and settlers assaulted him and his family, threw them out of their homes and detained his daughter, Asmaa, 32.
“I have lived in these two homes for over 40 years. I have an ]Israeli[ court ruling preventing settlers from bothering us and allowing me and my family to continue to live in the homes,” said Samara. “We have no where to go now.”
He said the settlers and soldiers ransacked his homes and prevented him from removing his belongings before they carried out the demolition at gun point.
Beit al-Baraka, meaning “House of Blessing”, built 70 years ago, is a 38-dunam (9.5-acre) church compound located on the main road between Bethlehem and Hebron, opposite to Arroub refugee camp. It used to serve as a hospital providing free treatment to people suffering from tuberculosis until it was shut down in 1983.
Jewish settlers later bought the compound from the church, through a fake company.
Israeli settlers, escorting a bulldozer, on Monday, demolished two Palestinian homes at Beit al-Baraka church compound at the Hebron-Jerusalem road, despite the presence of a court order allowing the owners to stay in their homes, according to the owner of the two homes, Ahmad Samara.
He told WAFA that scores of settlers from several hardcore illegal settlements, including Kiryat Arba, north of Hebron, and protected by Israeli forces, escorted a bulldozer into Beit al-Baraka church compound and proceeded to demolished the two homes where he and his family had lived for over 40 years.
Samara said that when the family attempted to stop the demolition and to show the army the Israeli court order that allows it stay in the homes, the soldiers and settlers assaulted him and his family, threw them out of their homes and detained his daughter, Asmaa, 32.
“I have lived in these two homes for over 40 years. I have an ]Israeli[ court ruling preventing settlers from bothering us and allowing me and my family to continue to live in the homes,” said Samara. “We have no where to go now.”
He said the settlers and soldiers ransacked his homes and prevented him from removing his belongings before they carried out the demolition at gun point.
Beit al-Baraka, meaning “House of Blessing”, built 70 years ago, is a 38-dunam (9.5-acre) church compound located on the main road between Bethlehem and Hebron, opposite to Arroub refugee camp. It used to serve as a hospital providing free treatment to people suffering from tuberculosis until it was shut down in 1983.
Jewish settlers later bought the compound from the church, through a fake company.
1 aug 2018
Israel’s high court of justice in Occupied Jerusalem will look into a petition submitted by the Wall and Settlement Resistance Committee asking for preventing the evacuation of the Bedouin hamlet of Khan al-Ahmar, east of the holy city.
Coordinator of “Save Khan al-Ahmar” campaign Abdullah Abu Rahma said that the court would listen to the petition filed by the committee’s lawyer and could approve it or reject it.
The campaign of Save Khan al-Ahmar, which was launched by the Wall and Settlement Resistance Committee, had called on Palestinian citizens from all spectra to spend their night in the hamlet to express their solidarity with the villagers.
The residents of Khan al-Ahmar, known as al-Jahhalin Bedouins, are refugees from the Negev desert who have lived in this area of south Jerusalem since their displacement by the Israeli army in 1967.
Throughout the years, Israel has refused to recognize al-Jahhalin Bedouin communities or grant them building permits.
Coordinator of “Save Khan al-Ahmar” campaign Abdullah Abu Rahma said that the court would listen to the petition filed by the committee’s lawyer and could approve it or reject it.
The campaign of Save Khan al-Ahmar, which was launched by the Wall and Settlement Resistance Committee, had called on Palestinian citizens from all spectra to spend their night in the hamlet to express their solidarity with the villagers.
The residents of Khan al-Ahmar, known as al-Jahhalin Bedouins, are refugees from the Negev desert who have lived in this area of south Jerusalem since their displacement by the Israeli army in 1967.
Throughout the years, Israel has refused to recognize al-Jahhalin Bedouin communities or grant them building permits.
29 july 2018
Israel’s Justice Ministry unit that investigates police misconduct has recommended that the cases against the policemen involved in the 2017 assault on Joint List chairman MK Ayman Odeh in Umm al-Hiran be closed.
According to Haaretz daily, the decision came despite the fact that an Israeli policemen admitted spraying pepper on Odeh’s face. The investigation department said the act is devoid of a criminal background and, therefore, no investigation should be opened into the affair.
Commenting on the decision, Odeh said the investigation unit seeks to cover up police crimes when it comes to Arab victims.
The case goes back to the day when Israeli forces attempted to evacuate and tear down Umm al-Hiran village. Gunfire unleashed by the Israelis at the time led to the murder of Palestinian instructor Yaakoub Abu Ki’an.
According to Haaretz daily, the decision came despite the fact that an Israeli policemen admitted spraying pepper on Odeh’s face. The investigation department said the act is devoid of a criminal background and, therefore, no investigation should be opened into the affair.
Commenting on the decision, Odeh said the investigation unit seeks to cover up police crimes when it comes to Arab victims.
The case goes back to the day when Israeli forces attempted to evacuate and tear down Umm al-Hiran village. Gunfire unleashed by the Israelis at the time led to the murder of Palestinian instructor Yaakoub Abu Ki’an.
28 july 2018
Radical right-wing Israeli ministers have reportedly launched a verbal attack on Palestinians, following the killing of a settler and the wounding of three others, in a stabbing attack at the illegal Adam settlement last night.
Palestinian sources said that far right government in Israel, having destroyed the peace process, is taking advantage of any event to take collective punishment measures against the Palestinian people, such as building more settlements, threatening to deport Palestinians and demolish their homes, while holding the Palestinian Authority accountable.
PNN sources said that those who follow the progress of Israeli statements are aware of the threat imposed by the government of Benjamin Netanyahu, adding that statements made by Israeli officials focused on collective punitive measures against Palestinians, and calling for the construction of even more settlements, forgetting that the cause of all that is happening is the continuation of Israeli occupation of Palestinian land.
The statement comes after Israeli media announced that Avigdor Lieberman intends to approve the construction of 400 housing units, in the illegal settlement of Adam.
Avigdor Lieberman, Israeli minister of Defense announced today Friday that he would promote the construction and approval of 400 housing units in a quick process within the planning authorities within a few weeks in response to last naight attack at Adam settlement.
Lieberman wrote this morning in his Twitter account following the attack in Adam settlment led to killing of one settler wounding 2 athores that “the best answer to terror is the momentum of settlement in Judea and Samaria.”
“That’s why I left this morning to promote a plan to build 400 housing units in Adam and approve it in planning institutions in the coming weeks,” Lieberman wrote.
Justice Minister Ayelet Shaked responded to the stabbing attack in the settlement of Adam , where Yotam Ovadia was killed, and said that “the murderous attack yesterday in the settlement of Adam can not be left without a response.”
The minister added that the response to the damage is to strengthen the settlement, and to approve 1,093 housing units that are ready for discussion.
For his part, Israeli Minister Zeev Elkin called the stabbing attack, in Adam settlement, a chance to deal with what he called Palestinian incitement.
He claimed that the Palestinian education system and sermons in the mosques are the the reason behind the stabbing attack.
Minister of Intelligence, Yisrael Katz said, today:”I call on the prime minister; this is the time to allow the bill I initiated to expel the families of terrorists, as the most significant deterrent against individual terror.”
Katz added, “The law must be implemented to stop the Palestinian Authority funds, every shekel paid by Abu Mazen as an incentive to the families of the terrorists,”.
The sources said that all of these Israeli statements reflect the reality of the Israeli government, which does not believe in peace.
07/20/18 Lieberman says Israel Planning Assault on Gaza Bigger than 2014 Invasion in which 2100 Palestinians Killed
Palestinian sources said that far right government in Israel, having destroyed the peace process, is taking advantage of any event to take collective punishment measures against the Palestinian people, such as building more settlements, threatening to deport Palestinians and demolish their homes, while holding the Palestinian Authority accountable.
PNN sources said that those who follow the progress of Israeli statements are aware of the threat imposed by the government of Benjamin Netanyahu, adding that statements made by Israeli officials focused on collective punitive measures against Palestinians, and calling for the construction of even more settlements, forgetting that the cause of all that is happening is the continuation of Israeli occupation of Palestinian land.
The statement comes after Israeli media announced that Avigdor Lieberman intends to approve the construction of 400 housing units, in the illegal settlement of Adam.
Avigdor Lieberman, Israeli minister of Defense announced today Friday that he would promote the construction and approval of 400 housing units in a quick process within the planning authorities within a few weeks in response to last naight attack at Adam settlement.
Lieberman wrote this morning in his Twitter account following the attack in Adam settlment led to killing of one settler wounding 2 athores that “the best answer to terror is the momentum of settlement in Judea and Samaria.”
“That’s why I left this morning to promote a plan to build 400 housing units in Adam and approve it in planning institutions in the coming weeks,” Lieberman wrote.
Justice Minister Ayelet Shaked responded to the stabbing attack in the settlement of Adam , where Yotam Ovadia was killed, and said that “the murderous attack yesterday in the settlement of Adam can not be left without a response.”
The minister added that the response to the damage is to strengthen the settlement, and to approve 1,093 housing units that are ready for discussion.
For his part, Israeli Minister Zeev Elkin called the stabbing attack, in Adam settlement, a chance to deal with what he called Palestinian incitement.
He claimed that the Palestinian education system and sermons in the mosques are the the reason behind the stabbing attack.
Minister of Intelligence, Yisrael Katz said, today:”I call on the prime minister; this is the time to allow the bill I initiated to expel the families of terrorists, as the most significant deterrent against individual terror.”
Katz added, “The law must be implemented to stop the Palestinian Authority funds, every shekel paid by Abu Mazen as an incentive to the families of the terrorists,”.
The sources said that all of these Israeli statements reflect the reality of the Israeli government, which does not believe in peace.
07/20/18 Lieberman says Israel Planning Assault on Gaza Bigger than 2014 Invasion in which 2100 Palestinians Killed
25 july 2018
Israel’s war minister Avigdor Lieberman has urged fellow ministers to approve a bill calling for death penalty against convicted anti-occupation Palestinian attackers, claiming there is no reason for Israel to be more enlightened than the US in the war on terror.
Israeli ministers are scheduled to vote on the bill at a meeting of the top-level security cabinet on Wednesday.
At long last, the bill for death sentences for terrorists is to be decided on,” Lieberman tweeted. “I am sure that my ministerial colleagues understand that we need all measures in the fight against terror.”
“There is no reason for us to be more enlightened than the United States or Japan in the war on terror,” continued Lieberman.
The bill, proposed by Lieberman’s Yisrael Beytenu party, won initial backing in a January preliminary reading in the Knesset, despite some coalition lawmakers expressing reservations over the legislation. Its progress since then has been repeatedly delayed.
The bill greenlights capital punishment against anti-occupation protesters involved in deadly attacks against Israelis. Under the new law, the death penalty verdict does not require unanimity in order to be executed.
The current Israeli law okays death penalty only in case a verdict is issued by the military prosecution to that end.
Israeli ministers are scheduled to vote on the bill at a meeting of the top-level security cabinet on Wednesday.
At long last, the bill for death sentences for terrorists is to be decided on,” Lieberman tweeted. “I am sure that my ministerial colleagues understand that we need all measures in the fight against terror.”
“There is no reason for us to be more enlightened than the United States or Japan in the war on terror,” continued Lieberman.
The bill, proposed by Lieberman’s Yisrael Beytenu party, won initial backing in a January preliminary reading in the Knesset, despite some coalition lawmakers expressing reservations over the legislation. Its progress since then has been repeatedly delayed.
The bill greenlights capital punishment against anti-occupation protesters involved in deadly attacks against Israelis. Under the new law, the death penalty verdict does not require unanimity in order to be executed.
The current Israeli law okays death penalty only in case a verdict is issued by the military prosecution to that end.
