6 may 2016

The Jerusalemite family of Shafiq al-Khayyat on Thursday regained their home after being taken over for 20 months by Elad settlement society in September, 2014.
Wadi Helweh Information Center quoted the family’s lawyer Medhat Dibe as saying that the decision was taken after several court sessions.
At the end of March, the Israeli Central Court ruled that settlers had to evacuate the house immediately.
The lawyer revealed that the court rejected the appeal of Elad society which means that the evacuation order is a final decision.
Wadi Helweh Information Center quoted the family’s lawyer Medhat Dibe as saying that the decision was taken after several court sessions.
At the end of March, the Israeli Central Court ruled that settlers had to evacuate the house immediately.
The lawyer revealed that the court rejected the appeal of Elad society which means that the evacuation order is a final decision.
3 may 2016

Yosef Ben-David, convicted of the murder of a Palestinian teenager, also ordered to pay compensation to Abu Khdeir family, and to another Palestinian child he tried to kidnap.
Yosef Ben-David, who was convicted of the kidnapping and gruesome murder of Palestinian teenager Mohammed Abu Khdeir, was sentenced on Tuesday to life (25 years) and a cumulative punishment of an additional 20 years in prison.
Abu Khdeir’s murder sparked a wave of terrorism in Jerusalem. Ben-David and two minors, who were both convicted for their role in the murder, abducted the 16-year-old teenager and killed him after the funeral of the three Jewish teens Gil-Ad Shaer, Naftali Frenkel and Eyal Yifrach, who were kidnapped and murdered on June 12, 2014.
A day earlier, the three defendants tried to kidnap seven-year-old Moussa Zaloum while he was walking down the street in Beit Hanina with his mother and two brothers.
The Jerusalem District Court also ordered Ben-David to pay NIS 150,000 in compensation to the Abu Khdeir family, and NIS 20,000 to Moussa Zaloum.
Shortly before his sentencing was announced, Ben-David apologized to the Abu Khdeir family for the first time, saying "Everything that happened was out of my control. It's not my character and not who I am. I apologize and ask for forgiveness."
Ben-David further noted that "in the past, I worked for ZAKA, I collected the remains of both Jews and Arabs. I've always sanctified human life and honored the dead."
Ben-David, 30, was convicted last month of the murder in July 2014 after a November court ruling found him responsible for his actions, but did not convict him because of a previous psychiatric assessment presented by his attorneys that questioned his sanity.
Abu Khdeir's father Hussein said the sentence was not enough, "We want him to stay in prison for the rest of his life and die there."
Members of the Abu Khdeir family who were at the sentencing hearing called out "death sentence" at Ben-David, adding that he's a "murderer," "racist," and "trash."
The Abu Khdeir family's lawyer, Muhand Jabariya, said he submitted a request to Public Security Minister Gilad Erdan to consider destroying Ben-David's house, as is commonly done by Israel as an act of deterrence against Palestinian terrorists.
The prosecution welcomed the sentencing, saying "Every person, of every religion and race, ought to know that if he commits such acts - whatever the ideology he claims to act in the name of - the law enforcement system will bring him to justice."
The prosecution initially sought an unusually harsh punishment of 60 years imprisonment: 12 for the kidnapping of Moussa Zaloum, 20 for the kidnapping of Mohammed Abu Khdeir, and three additional year for setting fire to vehicles.
Prosecutor Uri Korev from the Jerusalem District Attorney's Office stressed that unlike his two accomplices, Ben-David has not taken responsibility or expressed remorse for his actions.
"This is a man who dragged his relatives into committing a kidnapping and a murder of an innocent teenager. A man who committed incomprehensible and revolting acts. We didn't hear any remorse from the defendant. He committed these acts out of barbarous motives of revenge, and he's placing the responsibility for the acts on his accomplices, who are minors, and claims he is being falsely accused."
Ben-David's attorney, meanwhile, argued for diminished responsibility for his client due to the defendant's mental state.
According to the conviction, in the late evening hours of July 2, 2014, Ben-David and the two minors, after making preparations and equipping themselves in advance, headed out to commit the "revenge attack" in memory of the three yeshiva students.
They searched for a suitable victim for three hours in the neighborhoods of Wadi al-Joz and Beit Hanina in East Jerusalem until, around 4am, they saw Mohammed Abu Khdeir on his way to the mosque for morning prayers.
After snatching him, and while driving towards the Jerusalem forest, the two minors held onto Abu Khdeir, who struggled and tried to free himself, leading Ben-David to order one of them: "Finish him." The minor then strangled Abu Khdeir, until the latter lost consciousness.
When they reached the Jerusalem forest, one of the minors angrily told Ben-David that they "were doing all the work," following which Ben-David took a crowbar and started hitting Abu Khdeir with it, yelling "This is for the Fogel family, this is for Shalhevet Pass" (victims of terror attacks perpetrated by Palestinians -ed.) until the Palestinian teen started bleeding from his head. Ben-David also kicked Abu Khdeir several times while yelling "This is for Gil-Ad, Naftali, Eyal."
The three then set Abu Khdeir on fire while he was unconscious, and then fled the scene. They destroyed the evidence at Jerusalem's Sacher Park, and then went to Ben-David's home, where they played guitar and then went to sleep.
"The fact that the defendant searched for a victim, along with defendant 2, on the first night, and did the same on the second night, is indicative of his ideologically-motivated determination and conscious decision to take revenge, rather than uncontrollable obsession," the court said in its ruling. "The defendant was in control of all of the acts; he spurred others and encouraged them, and reacted rationally to everything that occurred. He gave instructions, and in the critical moment, when the victim was lying on the ground and breathing his final breathes, he kicked him and proclaimed the motives to this act of revenge."
Yosef Ben-David, who was convicted of the kidnapping and gruesome murder of Palestinian teenager Mohammed Abu Khdeir, was sentenced on Tuesday to life (25 years) and a cumulative punishment of an additional 20 years in prison.
Abu Khdeir’s murder sparked a wave of terrorism in Jerusalem. Ben-David and two minors, who were both convicted for their role in the murder, abducted the 16-year-old teenager and killed him after the funeral of the three Jewish teens Gil-Ad Shaer, Naftali Frenkel and Eyal Yifrach, who were kidnapped and murdered on June 12, 2014.
A day earlier, the three defendants tried to kidnap seven-year-old Moussa Zaloum while he was walking down the street in Beit Hanina with his mother and two brothers.
The Jerusalem District Court also ordered Ben-David to pay NIS 150,000 in compensation to the Abu Khdeir family, and NIS 20,000 to Moussa Zaloum.
Shortly before his sentencing was announced, Ben-David apologized to the Abu Khdeir family for the first time, saying "Everything that happened was out of my control. It's not my character and not who I am. I apologize and ask for forgiveness."
Ben-David further noted that "in the past, I worked for ZAKA, I collected the remains of both Jews and Arabs. I've always sanctified human life and honored the dead."
Ben-David, 30, was convicted last month of the murder in July 2014 after a November court ruling found him responsible for his actions, but did not convict him because of a previous psychiatric assessment presented by his attorneys that questioned his sanity.
Abu Khdeir's father Hussein said the sentence was not enough, "We want him to stay in prison for the rest of his life and die there."
Members of the Abu Khdeir family who were at the sentencing hearing called out "death sentence" at Ben-David, adding that he's a "murderer," "racist," and "trash."
The Abu Khdeir family's lawyer, Muhand Jabariya, said he submitted a request to Public Security Minister Gilad Erdan to consider destroying Ben-David's house, as is commonly done by Israel as an act of deterrence against Palestinian terrorists.
The prosecution welcomed the sentencing, saying "Every person, of every religion and race, ought to know that if he commits such acts - whatever the ideology he claims to act in the name of - the law enforcement system will bring him to justice."
The prosecution initially sought an unusually harsh punishment of 60 years imprisonment: 12 for the kidnapping of Moussa Zaloum, 20 for the kidnapping of Mohammed Abu Khdeir, and three additional year for setting fire to vehicles.
Prosecutor Uri Korev from the Jerusalem District Attorney's Office stressed that unlike his two accomplices, Ben-David has not taken responsibility or expressed remorse for his actions.
"This is a man who dragged his relatives into committing a kidnapping and a murder of an innocent teenager. A man who committed incomprehensible and revolting acts. We didn't hear any remorse from the defendant. He committed these acts out of barbarous motives of revenge, and he's placing the responsibility for the acts on his accomplices, who are minors, and claims he is being falsely accused."
Ben-David's attorney, meanwhile, argued for diminished responsibility for his client due to the defendant's mental state.
According to the conviction, in the late evening hours of July 2, 2014, Ben-David and the two minors, after making preparations and equipping themselves in advance, headed out to commit the "revenge attack" in memory of the three yeshiva students.
They searched for a suitable victim for three hours in the neighborhoods of Wadi al-Joz and Beit Hanina in East Jerusalem until, around 4am, they saw Mohammed Abu Khdeir on his way to the mosque for morning prayers.
After snatching him, and while driving towards the Jerusalem forest, the two minors held onto Abu Khdeir, who struggled and tried to free himself, leading Ben-David to order one of them: "Finish him." The minor then strangled Abu Khdeir, until the latter lost consciousness.
When they reached the Jerusalem forest, one of the minors angrily told Ben-David that they "were doing all the work," following which Ben-David took a crowbar and started hitting Abu Khdeir with it, yelling "This is for the Fogel family, this is for Shalhevet Pass" (victims of terror attacks perpetrated by Palestinians -ed.) until the Palestinian teen started bleeding from his head. Ben-David also kicked Abu Khdeir several times while yelling "This is for Gil-Ad, Naftali, Eyal."
The three then set Abu Khdeir on fire while he was unconscious, and then fled the scene. They destroyed the evidence at Jerusalem's Sacher Park, and then went to Ben-David's home, where they played guitar and then went to sleep.
"The fact that the defendant searched for a victim, along with defendant 2, on the first night, and did the same on the second night, is indicative of his ideologically-motivated determination and conscious decision to take revenge, rather than uncontrollable obsession," the court said in its ruling. "The defendant was in control of all of the acts; he spurred others and encouraged them, and reacted rationally to everything that occurred. He gave instructions, and in the critical moment, when the victim was lying on the ground and breathing his final breathes, he kicked him and proclaimed the motives to this act of revenge."
2 may 2016

Minister of Justice Ayelet Shaked plans to promote a bill that would apply Israeli law to Jews living in the West Bank; Shaked: It is my goal to equalize conditions within one year.
Minister of Justice Ayelet Shaked announced Sunday that she plans on promoting the “Norms Bill,” which aims to give the same legal rights to settlers living beyond the Green Line as Israeli citizens living within it.
If approved, the law would in effect apply Israeli law to Jews living in the West Bank, widening the gap between the settlers and the Palestinians, who abide by Israeli military law.
Prior to discussing the bill at Israel's Ministerial Committee for Legislation, Shaked gave a speech on Sunday in front of the Legal Forum of Israel, saying that “conditions need to be equal. There are basic laws that do not apply in Judea and Samaria. It is my goal to equalize conditions within one year, either by a GOC (General Officer Commanding) decree or through legislation.”
During Netanyahu’s last term, a “Norms Bill” wishing to apply Israeli law to the West Bank was brought before the Ministerial Committee for Legislation by MKs Orit Strook and Yariv Levin. Due to the objections of then-Attorney General Yehuda Weinstein, Netanyahu suspended the move, and it remained that way until its recent reintroduction.
At present, Israeli law states that any legislation passed in the Knesset will take effect in the West Bank through a GOC decree. The bill states that as a result, the hundreds of thousands of Israelis living beyond the Green Line live their lives not according to laws passed by the Knesset, but according to decrees issued by the GOC Southern Command.
It further claims that many essential laws concerning such matters as medicine and rescue services, accessibility for people with disabilities and laws regarding the environment do not apply to these regions. Those promoting the bill stated that its purpose is “to allow normality in Judea and Samaria, as a step toward creating equality among all Israeli citizens throughout the country.”
During her speech, Shaked added that “it is important that the minister of justice hold political power and ability,” reiterating her opinion that the Israeli High Court deals in matters that “it should not be dealing with, settling disputes that should be resolved through policy making.”
Shaked disclosed that she has spoken to former Chief Justice Aharon Barak regarding the possibility of signing in a basic law that would allow the Knesset to circumvent rulings made by the High Court, adding that at present there is a disagreement over the size of the MK majority that should be needed in order to pass legislation that bypasses the High Court’s decisions.
Minister of Justice Ayelet Shaked announced Sunday that she plans on promoting the “Norms Bill,” which aims to give the same legal rights to settlers living beyond the Green Line as Israeli citizens living within it.
If approved, the law would in effect apply Israeli law to Jews living in the West Bank, widening the gap between the settlers and the Palestinians, who abide by Israeli military law.
Prior to discussing the bill at Israel's Ministerial Committee for Legislation, Shaked gave a speech on Sunday in front of the Legal Forum of Israel, saying that “conditions need to be equal. There are basic laws that do not apply in Judea and Samaria. It is my goal to equalize conditions within one year, either by a GOC (General Officer Commanding) decree or through legislation.”
During Netanyahu’s last term, a “Norms Bill” wishing to apply Israeli law to the West Bank was brought before the Ministerial Committee for Legislation by MKs Orit Strook and Yariv Levin. Due to the objections of then-Attorney General Yehuda Weinstein, Netanyahu suspended the move, and it remained that way until its recent reintroduction.
At present, Israeli law states that any legislation passed in the Knesset will take effect in the West Bank through a GOC decree. The bill states that as a result, the hundreds of thousands of Israelis living beyond the Green Line live their lives not according to laws passed by the Knesset, but according to decrees issued by the GOC Southern Command.
It further claims that many essential laws concerning such matters as medicine and rescue services, accessibility for people with disabilities and laws regarding the environment do not apply to these regions. Those promoting the bill stated that its purpose is “to allow normality in Judea and Samaria, as a step toward creating equality among all Israeli citizens throughout the country.”
During her speech, Shaked added that “it is important that the minister of justice hold political power and ability,” reiterating her opinion that the Israeli High Court deals in matters that “it should not be dealing with, settling disputes that should be resolved through policy making.”
Shaked disclosed that she has spoken to former Chief Justice Aharon Barak regarding the possibility of signing in a basic law that would allow the Knesset to circumvent rulings made by the High Court, adding that at present there is a disagreement over the size of the MK majority that should be needed in order to pass legislation that bypasses the High Court’s decisions.
26 apr 2016

Israeli court cancelled construction bids in Afula city in 1948 Occupied Palestine after Palestinian contractors had won the tenders.
The Israeli court decision outraged Palestinians in 1948 Occupied Palestine and perceived it as evidence on Israeli racism against Arabs.
MK Ahmad al-Tibi along with MK Usama al-Saadi described the decision as shameful and racist.
They underlined in a statement that the court’s decision answers the demands of Israeli extremists who keep calling for expelling Arabs from Afula city.
The Israeli court decision outraged Palestinians in 1948 Occupied Palestine and perceived it as evidence on Israeli racism against Arabs.
MK Ahmad al-Tibi along with MK Usama al-Saadi described the decision as shameful and racist.
They underlined in a statement that the court’s decision answers the demands of Israeli extremists who keep calling for expelling Arabs from Afula city.
25 apr 2016

Netzah Yehuda battalion soldiers
Netzah Yehuda soldier was on leave from the army and wearing civilian clothes when the incident occurred; investigation found there was no apparent reason for his actions, while the soldier claimed he felt threatened.
A combat soldier from the ultra-Orthodox battalion Netzah Yehuda was sentenced to 17 days in military prison on Monday after cocking his rifle and aiming it at an Israeli Arab in Jerusalem during the Passover holiday.
On Saturday, which coincided with the first day of Passover, the soldier visited Jerusalem's Old City while on leave from the army. He was dressed in civilian clothes and was carrying his rifle with the magazine inserted.
Despite the fact that the soldier was not under threat and there was no operational need for it, the soldier cocked his rifle at an Israeli Arab passerby.
The soldier told the police that he felt nervous and threatened. Police held the soldier for questioning, at the end of which it was decided to hand the investigation over to the IDF's criminal investigation division.
The IDF said the soldier faced a court martial by his battalion commander and was sentenced to jail time after being found guilty of an illegal use of a firearm. The decision on whether to remove him from his combat position will be made after he is done serving his sentence.
This isn't the first incident that involved soldiers from the Haredi battalion.
About two weeks ago, soldiers from the battalion burned a Palestinian flag they confiscated from a vehicle. The squad commander was sentenced to 20 days in prison and removed from his commanding position, while another soldier was confined to the base for 28 days.
Netzah Yehuda soldier was on leave from the army and wearing civilian clothes when the incident occurred; investigation found there was no apparent reason for his actions, while the soldier claimed he felt threatened.
A combat soldier from the ultra-Orthodox battalion Netzah Yehuda was sentenced to 17 days in military prison on Monday after cocking his rifle and aiming it at an Israeli Arab in Jerusalem during the Passover holiday.
On Saturday, which coincided with the first day of Passover, the soldier visited Jerusalem's Old City while on leave from the army. He was dressed in civilian clothes and was carrying his rifle with the magazine inserted.
Despite the fact that the soldier was not under threat and there was no operational need for it, the soldier cocked his rifle at an Israeli Arab passerby.
The soldier told the police that he felt nervous and threatened. Police held the soldier for questioning, at the end of which it was decided to hand the investigation over to the IDF's criminal investigation division.
The IDF said the soldier faced a court martial by his battalion commander and was sentenced to jail time after being found guilty of an illegal use of a firearm. The decision on whether to remove him from his combat position will be made after he is done serving his sentence.
This isn't the first incident that involved soldiers from the Haredi battalion.
About two weeks ago, soldiers from the battalion burned a Palestinian flag they confiscated from a vehicle. The squad commander was sentenced to 20 days in prison and removed from his commanding position, while another soldier was confined to the base for 28 days.
22 apr 2016

The Israeli occupation army on Friday released an Israeli soldier four days after he had been convicted of murdering a Palestinian youth, Israeli press reported.
According to the Israeli Yedioth Aharonot newspaper, the release came so as to allow the soldier to celebrate the Jewish Passover holiday with his family in al-Ramla city.
The soldier was received by his father near an Israeli military camp in Tel Aviv and was transferred to his family home in al-Ramla, where he was received by a horde of extremist Israeli settlers.
Four days earlier, the Jaffa military court convicted the soldier of causing the death of the Palestinian youth Abdul Fattah al-Sharif in al-Khalil city a few weeks ago.
The soldier opened fire at al-Sharif while he was bleeding on the ground. Israeli preliminary investigations proved that the bullet fired by the newly-released soldier had caused his death.
Hebron soldier welcomed home to celebrations
Sgt. Elor Azaria, who shot dead a neutralized terrorist in Hebron, allowed home for Seder dinner; right-wing activists waited outside his home with support signs as his mother told him: 'Welcome home, my child.'
Sgt. Elor Azaria, an IDF soldier charged with manslaughter after shooting dead a neutralized Palestinian terrorist in Hebron, was released from detention on Friday morning.
After 29 days under arrest, Azaria was allowed by the military court to celebrate the Seder, a ritual feast held on the eve of the Jewish holiday of Passover, at home with his family in Ramla.
Azaria's father and another relative arrived at the Nachshonim base near Rosh HaAyin to drive him home, where right wing activists were waiting for him with support signs.
Azaria's arrival home was accompanied by celebrations, with right wing activists carrying him on their shoulders.
After giving her son a long hug, his mother told him: "Welcome, my child. Welcome home."
His father had a message to the Israeli public, "Thank you to the people of Israel and to the court for allowing him to be at home for Passover. We want to be a normal family."
Azaria himself avoided making any comments to reporters who arrived at the family home.
The indictment filed against Azaria on Monday claims that "the soldier took several steps towards the terrorists, aimed at his head and fired a single bullet from short range. This the defendant did in contravention of the rules of engagement and without operational justification." He was also charged with inappropriate behavior.
However, in the same hearing, the military judge criticized the prosecution, and warned that the evidence was weak.
"The level of criminality of the defendant might be lower than what the prosecution attributes him," Judge Lt.-Col. Ronen Shor said.
Azaria enlisted in the army a year and eight months ago and became a combat soldier in the Shimshon Battalion of the Kfir Brigade. After successfully finishing a combat medics course, he began serving as a medic in his company.
Azaria has no criminal or disciplinary record. On the contrary, before the incident, he recently received a certificate of excellence for his service.
His father served in the police for 30 years. In recent years, the father has been doing volunteer work, helping soldiers to expunge their criminal record.
Investigators did not find any indication that Azaria supports or has been involved with radical right wing groups. However, in posts he made on Facebook before beginning his army service, he expressed support for the revenge of the kidnapping and murder of the three Israeli teenagers.
On March 24, two terrorists armed with knives stabbed a soldier, moderately wounding him, at an IDF post near the Tel Rumeida neighborhood in Hebron.
The two were shot and neutralized by soldiers from the IDF's Kfir Brigade, and the wounded soldier's condition was later downgraded to light.
A video filmed several minutes later by B'Tselem volunteer Emad abu-Shamsiyah shows one of the terrorists, Abed al Fatah a-Sharif, lying on the ground motionless, when Azaria, who arrived at the scene of the attack several minutes later, aims his weapon at him and shoots him in the head.
An autopsy performed on a-Sharif found he was alive when he was shot, and died as a result of the shot to the head - not from the wounds he sustained before.
According to the Israeli Yedioth Aharonot newspaper, the release came so as to allow the soldier to celebrate the Jewish Passover holiday with his family in al-Ramla city.
The soldier was received by his father near an Israeli military camp in Tel Aviv and was transferred to his family home in al-Ramla, where he was received by a horde of extremist Israeli settlers.
Four days earlier, the Jaffa military court convicted the soldier of causing the death of the Palestinian youth Abdul Fattah al-Sharif in al-Khalil city a few weeks ago.
The soldier opened fire at al-Sharif while he was bleeding on the ground. Israeli preliminary investigations proved that the bullet fired by the newly-released soldier had caused his death.
Hebron soldier welcomed home to celebrations
Sgt. Elor Azaria, who shot dead a neutralized terrorist in Hebron, allowed home for Seder dinner; right-wing activists waited outside his home with support signs as his mother told him: 'Welcome home, my child.'
Sgt. Elor Azaria, an IDF soldier charged with manslaughter after shooting dead a neutralized Palestinian terrorist in Hebron, was released from detention on Friday morning.
After 29 days under arrest, Azaria was allowed by the military court to celebrate the Seder, a ritual feast held on the eve of the Jewish holiday of Passover, at home with his family in Ramla.
Azaria's father and another relative arrived at the Nachshonim base near Rosh HaAyin to drive him home, where right wing activists were waiting for him with support signs.
Azaria's arrival home was accompanied by celebrations, with right wing activists carrying him on their shoulders.
After giving her son a long hug, his mother told him: "Welcome, my child. Welcome home."
His father had a message to the Israeli public, "Thank you to the people of Israel and to the court for allowing him to be at home for Passover. We want to be a normal family."
Azaria himself avoided making any comments to reporters who arrived at the family home.
The indictment filed against Azaria on Monday claims that "the soldier took several steps towards the terrorists, aimed at his head and fired a single bullet from short range. This the defendant did in contravention of the rules of engagement and without operational justification." He was also charged with inappropriate behavior.
However, in the same hearing, the military judge criticized the prosecution, and warned that the evidence was weak.
"The level of criminality of the defendant might be lower than what the prosecution attributes him," Judge Lt.-Col. Ronen Shor said.
Azaria enlisted in the army a year and eight months ago and became a combat soldier in the Shimshon Battalion of the Kfir Brigade. After successfully finishing a combat medics course, he began serving as a medic in his company.
Azaria has no criminal or disciplinary record. On the contrary, before the incident, he recently received a certificate of excellence for his service.
His father served in the police for 30 years. In recent years, the father has been doing volunteer work, helping soldiers to expunge their criminal record.
Investigators did not find any indication that Azaria supports or has been involved with radical right wing groups. However, in posts he made on Facebook before beginning his army service, he expressed support for the revenge of the kidnapping and murder of the three Israeli teenagers.
On March 24, two terrorists armed with knives stabbed a soldier, moderately wounding him, at an IDF post near the Tel Rumeida neighborhood in Hebron.
The two were shot and neutralized by soldiers from the IDF's Kfir Brigade, and the wounded soldier's condition was later downgraded to light.
A video filmed several minutes later by B'Tselem volunteer Emad abu-Shamsiyah shows one of the terrorists, Abed al Fatah a-Sharif, lying on the ground motionless, when Azaria, who arrived at the scene of the attack several minutes later, aims his weapon at him and shoots him in the head.
An autopsy performed on a-Sharif found he was alive when he was shot, and died as a result of the shot to the head - not from the wounds he sustained before.