15 june 2016
The minister of justice has submitted a new bill that would enable the president of the state to wield his power of clemency over sanctions cast by professional tribunals; another bill submitted would allow appeals courts to add prison terms to convictions.
A few hours before her flagship Terrorism Law was approved in the Knesset on Wednesday, Minister of Justice Ayelet Shaked submitted a new bill seeking to expand the president's pardoning powers to include the sanctions of disciplinary tribunals. The Ministerial Committee on Legislative Affairs will debate the bill on Sunday.
As it currently stands, the president of the state can grant clemency to those who have been criminally convicted. He can overturn a conviction or shorten the prison term of someone who has been convicted by a court of law. Shaked's bill would add those convicted by disciplinary tribunals to the president's purview.
If the bill is approved, the president would be able to wield his power of clemency to shorten the sanctions sentenced by the various professional disciplinary tribunals established for different professions—lawyers, doctors, etc.—and which are entitled to regulate their professions and grant or revoke professional licenses.
An additional bill to be debated by the Ministerial Committee on Legislative Affairs would allow a court of appeal to impose prison sentences, even if another type of punishment has already been applied.
For instance, if someone found guilty of a crime were to begin performing community service as sentenced and an appeal were filed regarding his case asking to sentence him to prison, the appeals court would be entitled to do so while taking into consideration the time that he had performed community service.
This is in contrast to the current system by which, once a sentence has begun to be performed as set down by the court of first instance, the appeals court cannot change the type of sanction.
In the field of appeals regarding closing cases, a complainant who files an appeal against closing a case more than 30 days later as prescribed by law, shall be entitled to ask for leave to appeal from the Appeals Department at the Ministry of Justice, in addition to from the attorney general and the state's attorney, who currently deal with many hundreds of appeals each year, which leads to a delay in examining applications.
A few hours before her flagship Terrorism Law was approved in the Knesset on Wednesday, Minister of Justice Ayelet Shaked submitted a new bill seeking to expand the president's pardoning powers to include the sanctions of disciplinary tribunals. The Ministerial Committee on Legislative Affairs will debate the bill on Sunday.
As it currently stands, the president of the state can grant clemency to those who have been criminally convicted. He can overturn a conviction or shorten the prison term of someone who has been convicted by a court of law. Shaked's bill would add those convicted by disciplinary tribunals to the president's purview.
If the bill is approved, the president would be able to wield his power of clemency to shorten the sanctions sentenced by the various professional disciplinary tribunals established for different professions—lawyers, doctors, etc.—and which are entitled to regulate their professions and grant or revoke professional licenses.
An additional bill to be debated by the Ministerial Committee on Legislative Affairs would allow a court of appeal to impose prison sentences, even if another type of punishment has already been applied.
For instance, if someone found guilty of a crime were to begin performing community service as sentenced and an appeal were filed regarding his case asking to sentence him to prison, the appeals court would be entitled to do so while taking into consideration the time that he had performed community service.
This is in contrast to the current system by which, once a sentence has begun to be performed as set down by the court of first instance, the appeals court cannot change the type of sanction.
In the field of appeals regarding closing cases, a complainant who files an appeal against closing a case more than 30 days later as prescribed by law, shall be entitled to ask for leave to appeal from the Appeals Department at the Ministry of Justice, in addition to from the attorney general and the state's attorney, who currently deal with many hundreds of appeals each year, which leads to a delay in examining applications.
The minister of justice's flagship and comprehensive bill passed its 2nd and 3rd reading in the Knesset 57–16; it lays out the sanctions to be implemented for different actions relating to and supporting terrorism; Shaked: 'There is no reason for terrorism. There are excuses.'
The Knesset approved 57–16 on Wednesday the second and third reading of the Terrorism Law, which has been Minister of Justice Ayelet Shaked's flagship bill since she received the portfolio. It will thus enter the Israeli criminal code.
The bill began under Tzipi Livni when she was the minister of justice. It expands the tools used to handle terrorism via criminal and legal mechanisms, extends the maximum sentence for carrying out various terrorism-related crimes to 30 years, anchors in law administrative detentions, and sets sanctions for multiple kinds of terrorism-related offenses.
According to the new law, anyone who heads a terrorist organization, directly or indirectly, will be sentenced to 25 years' imprisonment. However, if that group carries out attacks, its leader will be sentenced to life in prison. The same sentence is fixed for those who carry out an act of terrorism with chemical, biological or radioactive weapons. Those who receive life sentences will not be able to apply for parole for the first 15 years of their term.
In addition, every person who carries out an arms transaction for terrorist purposes is to be sentenced to 20 years in prison or a fine in an amount ten times the regular fine as set by law. Those in administrative roles in terrorist organizations can expect a punishment of ten years' imprisonment with a possible extension of a further five years if their actions were criminal. Anyone who commits a property related to terrorism will be subject to penalty of 10 years' imprisonment or a fine of 20 times the regular fine set by law.
Anyone who trains terrorists will be subject to a prison term of nine years; if they recruited new members to the terrorist organization during their training, or if they carry out operations for the organization, including threatening to carry out an act of terrorism, then they will be liable for a penalty of a further seven years,
A significant part of the new law is the sentence requirements for anyone who aids terrorists. Those who do will be subject to penalty of five years' imprisonment. The same sanction applies to those who provide services or means to terrorists, unless it is proved that they were not aware that the organization was in fact a terrorist one.
Three years' imprisonment will be imposed on anyone who makes a public act of solidarity with a terrorist organization, including publishing praise, support or sympathy, waving a flag, displaying or playing posts with slogans or anthems. A similar punishment will apply to those who do not prevent an act of terrorism. Two years have been laid out as the prison term for those who advertise or provide advertising services for material demonstrating solidarity with a terrorist organization.
The new law will also allow the minster of defense or the government to declare an organization to be a terrorist organization by an order on the basis of a pre-application from the head of the Shin Bet and after receiving the attorney general's recommendation. The Security Cabinet will also be able to make such a declaration if a qualified organization or the UN Security Council declares the organization in question to be terrorist.
After the law was approved, Shaked said, "The terrorist attacks in Orlando and Tel Aviv show more than ever that there is no reason for terrorism. There are excuses. Only by comprehensive punishment and deterrence will it be possible to beat it. Today, the Knesset and the State of Israel became the world spearhead of the war on terrorism. Terrorism in its 2016 form is receiving a 2016 response. I am grateful to the Constitution Committee, headed by MK Nissan Slomiansky for pushing the law through. I thank the deputy attorney general, Raz Nazari, and Naama Feuchtwanger from the (Criminal) Legislative Advice Department for the work in preparing the law.
The chairman of the Constitution Committee, Nissan Slomiansky, said, "Today the Terrorism Law was approved that has been delayed for more than six years. The law adds to and strengthens the authority of security services to fight terrorism. It also cancels some 60 emergency directives from the British Mandate error, and it is drafted with immense expensive, which the State of Israel unfortunately has in the war on terrorism."
Livni welcomed the law's passing, saying, "The law will provide new and better tools to Israel in the fight against terrorism, tools that haven't changed since 1948, and it is especially necessary in light of the continued wave of terrorism during the past year."
The Knesset approved 57–16 on Wednesday the second and third reading of the Terrorism Law, which has been Minister of Justice Ayelet Shaked's flagship bill since she received the portfolio. It will thus enter the Israeli criminal code.
The bill began under Tzipi Livni when she was the minister of justice. It expands the tools used to handle terrorism via criminal and legal mechanisms, extends the maximum sentence for carrying out various terrorism-related crimes to 30 years, anchors in law administrative detentions, and sets sanctions for multiple kinds of terrorism-related offenses.
According to the new law, anyone who heads a terrorist organization, directly or indirectly, will be sentenced to 25 years' imprisonment. However, if that group carries out attacks, its leader will be sentenced to life in prison. The same sentence is fixed for those who carry out an act of terrorism with chemical, biological or radioactive weapons. Those who receive life sentences will not be able to apply for parole for the first 15 years of their term.
In addition, every person who carries out an arms transaction for terrorist purposes is to be sentenced to 20 years in prison or a fine in an amount ten times the regular fine as set by law. Those in administrative roles in terrorist organizations can expect a punishment of ten years' imprisonment with a possible extension of a further five years if their actions were criminal. Anyone who commits a property related to terrorism will be subject to penalty of 10 years' imprisonment or a fine of 20 times the regular fine set by law.
Anyone who trains terrorists will be subject to a prison term of nine years; if they recruited new members to the terrorist organization during their training, or if they carry out operations for the organization, including threatening to carry out an act of terrorism, then they will be liable for a penalty of a further seven years,
A significant part of the new law is the sentence requirements for anyone who aids terrorists. Those who do will be subject to penalty of five years' imprisonment. The same sanction applies to those who provide services or means to terrorists, unless it is proved that they were not aware that the organization was in fact a terrorist one.
Three years' imprisonment will be imposed on anyone who makes a public act of solidarity with a terrorist organization, including publishing praise, support or sympathy, waving a flag, displaying or playing posts with slogans or anthems. A similar punishment will apply to those who do not prevent an act of terrorism. Two years have been laid out as the prison term for those who advertise or provide advertising services for material demonstrating solidarity with a terrorist organization.
The new law will also allow the minster of defense or the government to declare an organization to be a terrorist organization by an order on the basis of a pre-application from the head of the Shin Bet and after receiving the attorney general's recommendation. The Security Cabinet will also be able to make such a declaration if a qualified organization or the UN Security Council declares the organization in question to be terrorist.
After the law was approved, Shaked said, "The terrorist attacks in Orlando and Tel Aviv show more than ever that there is no reason for terrorism. There are excuses. Only by comprehensive punishment and deterrence will it be possible to beat it. Today, the Knesset and the State of Israel became the world spearhead of the war on terrorism. Terrorism in its 2016 form is receiving a 2016 response. I am grateful to the Constitution Committee, headed by MK Nissan Slomiansky for pushing the law through. I thank the deputy attorney general, Raz Nazari, and Naama Feuchtwanger from the (Criminal) Legislative Advice Department for the work in preparing the law.
The chairman of the Constitution Committee, Nissan Slomiansky, said, "Today the Terrorism Law was approved that has been delayed for more than six years. The law adds to and strengthens the authority of security services to fight terrorism. It also cancels some 60 emergency directives from the British Mandate error, and it is drafted with immense expensive, which the State of Israel unfortunately has in the war on terrorism."
Livni welcomed the law's passing, saying, "The law will provide new and better tools to Israel in the fight against terrorism, tools that haven't changed since 1948, and it is especially necessary in light of the continued wave of terrorism during the past year."
In a precedent-setting decision Tuesday, the Israeli military decided not to press charges against a senior officer who ordered his troops to bombard a hospital in Gaza in 2014 to reportedly “raise their morale” with a “revenge attack” after another officer was killed.
The officer, Lieutenant Colonel Neria Yeshurun, told military investigators that he was mad that he and the soldiers were unable to attend the funeral of an officer who was killed a few days before, so “we decided to fire a volley of shells toward the point from which he lost his life.”
According to the Israeli paper Ha’aretz, Major Amihai Harch, Yeshurun’s commander, said at the time, “The only unusual thing [Yeshurun] did was that he put the incident on top of the eulogy to Dima, the company commander who was killed. That was certainly to raise [morale]. And I say to you on the level of facts — that raised morale and encouraged the soldiers to continue the mission.”
These admissions were made directly to the military investigators in Yeshurun’s case, but were not deemed sufficient to place any charges on the officer.
Although Israeli military policy says that revenge attacks are not allowed, former soldiers have reported that they are common practice in Israeli military units.
The shelling of the clinic was part of a larger attack on the Sheja’eyya neighborhood in eastern Gaza, in which more than 120 Palestinian civilians were killed in a single night during the Israeli invasion of Gaza in 2014. The 50-day long invasion resulted in more than 1400 Palestinians killed, including more than 400 children, and 91 Israelis, mainly soldiers killed during the invasion of Gaza.
The night of killings in Sheja’eyya became known to Palestinians as the Sheja’eyya massacre. Throughout the night, the shelling of the neighborhood was continuous, affecting every home – most of the neighborhood was completely destroyed, and many of those killed were crushed in the rubble of their own homes. Survivors ran through the streets carrying babies and children, desperate to escape the continuous Israeli assault.
The attack took place on July 31st, 2014, just a day after the bombing of a school where families had taken refuge. About the attack on the school, UN Secretary General stated, “I condemn this attack in the strongest possible terms. It is outrageous. It is unjustifiable, and it demands accountability and justice. Nothing is more shameful than attacking sleeping children.” Since the time of the attack, there has been no accountability for the soldiers involved, and no charges.
Former Israeli soldier turned whistleblower Eran Efrati published accounts at the time, in August 2014, from soldiers in two different units reporting that their commanding officers had ordered them to carry out attacks against civilians in order to ‘revenge’ for soldiers who had been killed.
The officer, Lieutenant Colonel Neria Yeshurun, told military investigators that he was mad that he and the soldiers were unable to attend the funeral of an officer who was killed a few days before, so “we decided to fire a volley of shells toward the point from which he lost his life.”
According to the Israeli paper Ha’aretz, Major Amihai Harch, Yeshurun’s commander, said at the time, “The only unusual thing [Yeshurun] did was that he put the incident on top of the eulogy to Dima, the company commander who was killed. That was certainly to raise [morale]. And I say to you on the level of facts — that raised morale and encouraged the soldiers to continue the mission.”
These admissions were made directly to the military investigators in Yeshurun’s case, but were not deemed sufficient to place any charges on the officer.
Although Israeli military policy says that revenge attacks are not allowed, former soldiers have reported that they are common practice in Israeli military units.
The shelling of the clinic was part of a larger attack on the Sheja’eyya neighborhood in eastern Gaza, in which more than 120 Palestinian civilians were killed in a single night during the Israeli invasion of Gaza in 2014. The 50-day long invasion resulted in more than 1400 Palestinians killed, including more than 400 children, and 91 Israelis, mainly soldiers killed during the invasion of Gaza.
The night of killings in Sheja’eyya became known to Palestinians as the Sheja’eyya massacre. Throughout the night, the shelling of the neighborhood was continuous, affecting every home – most of the neighborhood was completely destroyed, and many of those killed were crushed in the rubble of their own homes. Survivors ran through the streets carrying babies and children, desperate to escape the continuous Israeli assault.
The attack took place on July 31st, 2014, just a day after the bombing of a school where families had taken refuge. About the attack on the school, UN Secretary General stated, “I condemn this attack in the strongest possible terms. It is outrageous. It is unjustifiable, and it demands accountability and justice. Nothing is more shameful than attacking sleeping children.” Since the time of the attack, there has been no accountability for the soldiers involved, and no charges.
Former Israeli soldier turned whistleblower Eran Efrati published accounts at the time, in August 2014, from soldiers in two different units reporting that their commanding officers had ordered them to carry out attacks against civilians in order to ‘revenge’ for soldiers who had been killed.
The Israeli military prosecutor on Tuesday demanded the imposition of three life sentences plus 70 years on the Palestinian youth Bilal Abu Ghanem for alleged involvement in a shooting attack in Occupied Jerusalem.
The Jerusalem District Court indicted Bilal Abu Ghanem of three counts of murder and seven counts of attempted murder, as well as aiding the enemy at time of war.
Abu Ghanem, 21, of the East Jerusalem neighborhood of Jabal Al-Mukbir, was one of two youths who carried out an attack that killed three Israelis on a Jerusalem bus in October last year in the Jerusalem neighborhood of Armon HaNatziv. Seven others were wounded in a combined shooting and stabbing attack.
The other activist, Bahaa Alyan, was killed by Israeli police right on the spot. Alyan's body has still not been returned to the family for burial. Abu Ghanem’s lawyer said his client refused to let him speak on his behalf at court. The sentence is to be issued during another hearing scheduled for July 11.
Meanwhile, 18-year-old Omar Jundub was also indicted of stabbing an Israeli soldier and lightly wounding him in Tel Aviv a couple of weeks ago. The indictment included charges of attempted murder and illegal presence in 1948 Occupied Palestine.
According to Israeli news outlets, Jundub entered 1948 Occupied Palestine without a permit and worked at a construction site before he carried out the stabbing two weeks later.
Both attacks were carried out within the Jerusalem Intifada that broke out in early October last year against Israeli military and settlers’ escalated violations against the Palestinian people and their holy shrines especially the Aqsa Mosque.
The Jerusalem District Court indicted Bilal Abu Ghanem of three counts of murder and seven counts of attempted murder, as well as aiding the enemy at time of war.
Abu Ghanem, 21, of the East Jerusalem neighborhood of Jabal Al-Mukbir, was one of two youths who carried out an attack that killed three Israelis on a Jerusalem bus in October last year in the Jerusalem neighborhood of Armon HaNatziv. Seven others were wounded in a combined shooting and stabbing attack.
The other activist, Bahaa Alyan, was killed by Israeli police right on the spot. Alyan's body has still not been returned to the family for burial. Abu Ghanem’s lawyer said his client refused to let him speak on his behalf at court. The sentence is to be issued during another hearing scheduled for July 11.
Meanwhile, 18-year-old Omar Jundub was also indicted of stabbing an Israeli soldier and lightly wounding him in Tel Aviv a couple of weeks ago. The indictment included charges of attempted murder and illegal presence in 1948 Occupied Palestine.
According to Israeli news outlets, Jundub entered 1948 Occupied Palestine without a permit and worked at a construction site before he carried out the stabbing two weeks later.
Both attacks were carried out within the Jerusalem Intifada that broke out in early October last year against Israeli military and settlers’ escalated violations against the Palestinian people and their holy shrines especially the Aqsa Mosque.
14 june 2016
Yeshurun at a memorial service for Levitas
Lt. Col. Neria Yeshurun, who fired on a clinic in Gaza in retaliation for the death of one of his officers who had been killed by a sniper from that location,has been recommended for censure by the IDF legal unit.
Chief Military Advocate General (MAG) Sharon Afek has recommended censuring the battalion commander who approved the shelling of a clinic in the Gaza Strip during Operation Protective Edge in retaliation for the killing of an officer. Afek recommended on Tuesday that IDF Deputy Chief of Staff Yair Golan conduct a disciplinary proceeding for Lt. Col. Neria Yeshurun.
Yeshurun was serving as the commander of the armored battalion two years ago that he ordered shell the clinic in what he described over the radio as an "honor salvo and salute" in memory of Capt. Dima Levitas, who had been killed the previous day by a sniper firing from the same building.
The case was investigated by the Military Police, which did not uncover any evidence that showed a lack of military justification for the shelling. In addition, it became clear that nobody had been injured in the clinic. However, a statement from the IDF Spokesperson said that Afek found Yeshurun's statement to those in his command—that his firing as an honor salvo or an act of revenge would be legitimate—unacceptable.
"Such a message could blur the boundaries between the permissible and the forbidden and trip up soldiers and commanders who were exposed to it, especially during combat," explained Afek. "It is not compatible with the values of the IDF, and his statement constitutes a command failure." The chief MAG also recommended that the results of disciplinary procedure be taken into account in future decisions regarding Yeshurun, including possible promotions.
Levitas's commanders and soldiers did not attend his funeral; they continued their operational duties. Yeshurun could thus not pay his respects to the man who died under his command, so called his soldiers over the radio and eulogized the beloved company commander. "We will join all the people that are escorting Dima on his final journey, and we will shoot a salvo of honor and salute to this officer at the place from where the bastards shot at his tank and ended his life," said Yeshurun at the time.
"Yesterday, here at this very spot, we lost Dima," said the battalion commander to his troops. "Dima, who hadn't been a company commander for very long, managed in a short time to show himself to be a serious, quality, and motivated officer. In a very short time, he came into the company, took it on his soldiers and led it even during this operation that we are all participating in to rescue the residents of the Negev and Israel in general."
Yeshurun explained to his troops the righteousness of their fighting in Gaza: "Look at the difference between us and them. While we're entering here and endangering ourselves to defend the citizens of the south from rocket fire, they're going into mosques, into clinics, hospitals and schools and firing at us from there. It's precisely the essential difference between us and them. Dima understand that difference extremely well and gave up his soul in a dignified manner worthy of praise and admiration."
Lt. Col. Neria Yeshurun, who fired on a clinic in Gaza in retaliation for the death of one of his officers who had been killed by a sniper from that location,has been recommended for censure by the IDF legal unit.
Chief Military Advocate General (MAG) Sharon Afek has recommended censuring the battalion commander who approved the shelling of a clinic in the Gaza Strip during Operation Protective Edge in retaliation for the killing of an officer. Afek recommended on Tuesday that IDF Deputy Chief of Staff Yair Golan conduct a disciplinary proceeding for Lt. Col. Neria Yeshurun.
Yeshurun was serving as the commander of the armored battalion two years ago that he ordered shell the clinic in what he described over the radio as an "honor salvo and salute" in memory of Capt. Dima Levitas, who had been killed the previous day by a sniper firing from the same building.
The case was investigated by the Military Police, which did not uncover any evidence that showed a lack of military justification for the shelling. In addition, it became clear that nobody had been injured in the clinic. However, a statement from the IDF Spokesperson said that Afek found Yeshurun's statement to those in his command—that his firing as an honor salvo or an act of revenge would be legitimate—unacceptable.
"Such a message could blur the boundaries between the permissible and the forbidden and trip up soldiers and commanders who were exposed to it, especially during combat," explained Afek. "It is not compatible with the values of the IDF, and his statement constitutes a command failure." The chief MAG also recommended that the results of disciplinary procedure be taken into account in future decisions regarding Yeshurun, including possible promotions.
Levitas's commanders and soldiers did not attend his funeral; they continued their operational duties. Yeshurun could thus not pay his respects to the man who died under his command, so called his soldiers over the radio and eulogized the beloved company commander. "We will join all the people that are escorting Dima on his final journey, and we will shoot a salvo of honor and salute to this officer at the place from where the bastards shot at his tank and ended his life," said Yeshurun at the time.
"Yesterday, here at this very spot, we lost Dima," said the battalion commander to his troops. "Dima, who hadn't been a company commander for very long, managed in a short time to show himself to be a serious, quality, and motivated officer. In a very short time, he came into the company, took it on his soldiers and led it even during this operation that we are all participating in to rescue the residents of the Negev and Israel in general."
Yeshurun explained to his troops the righteousness of their fighting in Gaza: "Look at the difference between us and them. While we're entering here and endangering ourselves to defend the citizens of the south from rocket fire, they're going into mosques, into clinics, hospitals and schools and firing at us from there. It's precisely the essential difference between us and them. Dima understand that difference extremely well and gave up his soul in a dignified manner worthy of praise and admiration."
Israeli military court of Ofer sentenced on Monday the Palestinian prisoner Shadi Mutawe, 28 years old, to life imprisonment for three times after "convicting" him of killing two settlers in southern al-Khalil last December.
The PIC reporter revealed that Israeli forces arrested Mutawe on December, 14, 2015 after carrying out a shooting attack at the settlers’ car.
He underwent a long-term investigation and waged a 25-day hunger strike due to the maltreatment he was subjected to during interrogation.
The PIC reporter revealed that Israeli forces arrested Mutawe on December, 14, 2015 after carrying out a shooting attack at the settlers’ car.
He underwent a long-term investigation and waged a 25-day hunger strike due to the maltreatment he was subjected to during interrogation.
12 june 2016
A settler group called Regavim has tried to file a lawsuit against the European Union (EU) with the Israeli higher court to extract a verdict ordering the Europeans to halt and provide reports on their construction projects in Area C of the West Bank.
According to the Hebrew website NRG on Saturday, Regavim described the EU-funded structures for the Palestinians in Area C as "against the law" and called on the court to issue a verdict demanding the EU to provide full reports on its construction activities in Area C and to halt future projects for the Palestinians living in this area.
However, the petition was rejected by the court, prompting the settler group to file another one against the Israeli army's civil administration accusing it of ignoring the establishment of EU-funded projects in that area.
Recently, this organization has also embarked on preparing another petition against new construction projects being carried out by the EU in a Palestinian area east of Bethlehem near Mishor Adumim settlement.
Its new petition this time will demand the court to order foreign and European diplomats in Israel to respect their host country and refrain from interfering in its affairs. In this regard, the higher court has given all parties to the case a chance until next August to submit their legal papers on the petition.
According to the Hebrew website NRG on Saturday, Regavim described the EU-funded structures for the Palestinians in Area C as "against the law" and called on the court to issue a verdict demanding the EU to provide full reports on its construction activities in Area C and to halt future projects for the Palestinians living in this area.
However, the petition was rejected by the court, prompting the settler group to file another one against the Israeli army's civil administration accusing it of ignoring the establishment of EU-funded projects in that area.
Recently, this organization has also embarked on preparing another petition against new construction projects being carried out by the EU in a Palestinian area east of Bethlehem near Mishor Adumim settlement.
Its new petition this time will demand the court to order foreign and European diplomats in Israel to respect their host country and refrain from interfering in its affairs. In this regard, the higher court has given all parties to the case a chance until next August to submit their legal papers on the petition.
6 june 2016
Justice Minister Ayelet Shaked
The Justice Minister is expected to promote a bill that would limit the time it takes the police and DA to finish their investigation and decide on whether to charge a suspect
Justice Minister Ayelet Shaked (Bayit Yehudi) has reportedly given her support to a new initiative looking to shorten the police's notoriously long investigation periods, along with the time it takes the District Attorney’s to decide on whether to charge a suspect.
The initiative is based on another bill submitted by MK Yair Lapid (Yesh Atid) and Law and Justice Committee Chairperson Nissan Slomiansky (Bayit Yehudi). Their bill is slated to be discussed by The Ministerial Committee for Legislation on Monday, with Shaked, who heads the committee, expected to postpone the discussion by a few weeks to allow her to draft her own version of the bill.
The original bill that Shaked will be basing hers on states that in cases of “lighter” misdemeanors, whose maximum punishment is three years in prison, the police investigation and DA’s decision regarding whether to prosecute should each take no more than nine months. Such cases include theft, simple (as opposed to aggravated) assault and negligent homicide.
The investigations of more substantial misdemeanors, whose maximum punishment ranges from three to ten years in prison, will be capped at a year and a half, with the DA deciding on whether to prosecute within one year after the end of the investigation. Such cases include accepting bribes, grand theft auto and nonconsensual intercourse.
The most severe offenses, such as murder, espionage and rape, whose punishment can go beyond ten years’ imprisonment, will similarly have a maximum police investigation time of a year and a half, but without any time limit set for the DA’s decision.
Lapid and Slomiansky’s bill dictates that in cases where a longer investigation is necessary, the Attorney General could use their discretion and decide whether to grant an extension.
“A person awaiting the conclusion of a police investigation is kept in uncertainty regarding his future and what ramifications it will have on his life,” the bill states. “Such an investigation can also harm an individual’s honor, reputation, social status and financial means.” The bill continues by saying that “For this reason, it is necessary to limit the scope of damage that can be caused to whoever is under investigation.”
The Justice Minister is expected to promote a bill that would limit the time it takes the police and DA to finish their investigation and decide on whether to charge a suspect
Justice Minister Ayelet Shaked (Bayit Yehudi) has reportedly given her support to a new initiative looking to shorten the police's notoriously long investigation periods, along with the time it takes the District Attorney’s to decide on whether to charge a suspect.
The initiative is based on another bill submitted by MK Yair Lapid (Yesh Atid) and Law and Justice Committee Chairperson Nissan Slomiansky (Bayit Yehudi). Their bill is slated to be discussed by The Ministerial Committee for Legislation on Monday, with Shaked, who heads the committee, expected to postpone the discussion by a few weeks to allow her to draft her own version of the bill.
The original bill that Shaked will be basing hers on states that in cases of “lighter” misdemeanors, whose maximum punishment is three years in prison, the police investigation and DA’s decision regarding whether to prosecute should each take no more than nine months. Such cases include theft, simple (as opposed to aggravated) assault and negligent homicide.
The investigations of more substantial misdemeanors, whose maximum punishment ranges from three to ten years in prison, will be capped at a year and a half, with the DA deciding on whether to prosecute within one year after the end of the investigation. Such cases include accepting bribes, grand theft auto and nonconsensual intercourse.
The most severe offenses, such as murder, espionage and rape, whose punishment can go beyond ten years’ imprisonment, will similarly have a maximum police investigation time of a year and a half, but without any time limit set for the DA’s decision.
Lapid and Slomiansky’s bill dictates that in cases where a longer investigation is necessary, the Attorney General could use their discretion and decide whether to grant an extension.
“A person awaiting the conclusion of a police investigation is kept in uncertainty regarding his future and what ramifications it will have on his life,” the bill states. “Such an investigation can also harm an individual’s honor, reputation, social status and financial means.” The bill continues by saying that “For this reason, it is necessary to limit the scope of damage that can be caused to whoever is under investigation.”
4 june 2016
Malka Leifer, former principal of ultra-Orthodox Jewish girls' school in Melbourne, is wanted in Australia on charges of indecent assault and rape involving students; court finds her unfit to face extradition.
A Jerusalem court has ruled that a former Australian school principal accused of more than 70 counts of sexual assault was mentally unfit to face extradition and could be freed from house arrest, officials said on Friday.
For nearly three years, Australia has been pushing Israel to extradite Malka Leifer, who fled Australia in 2008, with what Australian authorities believe was the assistance of the insular Adass Jewish community, after accusations against her surfaced.
Leifer, who has Israeli citizenship, is the former principal of the Adass Israel School, an ultra-orthodox Jewish girls' school in Melbourne. She is wanted by police in the surrounding Australian state of Victoria on charges of indecent assault and rape involving girls at the school.
Thursday's court decision angered former students who say they were abused by her and could raise diplomatic tensions between Australia and Israel.
Copies of the court ruling were not immediately available and spokespeople from the Ministry of Justice did not immediately respond to requests for comment.
Australia's ambassador to Israel said he would pursue efforts to have Leifer extradited to face justice.
"We retain a strong interest in seeing Ms. Leifer extradited. She is wanted to face prosecution in Australia for criminal conduct relating to 74 separate sexual assault offenses," Dave Sharma told Reuters.
"We are working closely with Israeli authorities regarding the next steps in the extradition proceedings. And we will remain patient and determined in pursuing justice in this case."
Leifer's lawyer in Israel, Yehuda Fried, said the court in Jerusalem had 72 hours to decide whether she would be released from house arrest.
"My client is a very sick woman," he told Reuters, adding that she had been examined under court order at a public hospital and that a commission headed by the chief district psychiatrist determined she was unfit to stand trial.
"According to Israeli law, in this situation she cannot be prosecuted, and therefore her extradition proceedings were halted," he said.
Since 2013, an Australian commission on tackling child sexual abuse has shed light on offenses and cover-ups, including within ultra-orthodox Jewish communities in Sydney and Melbourne, triggering the resignations of some senior figures.
A Jerusalem court has ruled that a former Australian school principal accused of more than 70 counts of sexual assault was mentally unfit to face extradition and could be freed from house arrest, officials said on Friday.
For nearly three years, Australia has been pushing Israel to extradite Malka Leifer, who fled Australia in 2008, with what Australian authorities believe was the assistance of the insular Adass Jewish community, after accusations against her surfaced.
Leifer, who has Israeli citizenship, is the former principal of the Adass Israel School, an ultra-orthodox Jewish girls' school in Melbourne. She is wanted by police in the surrounding Australian state of Victoria on charges of indecent assault and rape involving girls at the school.
Thursday's court decision angered former students who say they were abused by her and could raise diplomatic tensions between Australia and Israel.
Copies of the court ruling were not immediately available and spokespeople from the Ministry of Justice did not immediately respond to requests for comment.
Australia's ambassador to Israel said he would pursue efforts to have Leifer extradited to face justice.
"We retain a strong interest in seeing Ms. Leifer extradited. She is wanted to face prosecution in Australia for criminal conduct relating to 74 separate sexual assault offenses," Dave Sharma told Reuters.
"We are working closely with Israeli authorities regarding the next steps in the extradition proceedings. And we will remain patient and determined in pursuing justice in this case."
Leifer's lawyer in Israel, Yehuda Fried, said the court in Jerusalem had 72 hours to decide whether she would be released from house arrest.
"My client is a very sick woman," he told Reuters, adding that she had been examined under court order at a public hospital and that a commission headed by the chief district psychiatrist determined she was unfit to stand trial.
"According to Israeli law, in this situation she cannot be prosecuted, and therefore her extradition proceedings were halted," he said.
Since 2013, an Australian commission on tackling child sexual abuse has shed light on offenses and cover-ups, including within ultra-orthodox Jewish communities in Sydney and Melbourne, triggering the resignations of some senior figures.
1 june 2016
After being in administrative detention for 10 months on suspicion of incitement to violence against Arabs, Meri Ettinger was released from custody.
Meir Ettinger, a right-wing activist held in administrative detention since August, 2015, was released from custody under heavy restrictions on Wednesday morning.
Under administrative orders, Ettinger will not be allowed to enter the regions of Judea and Samaria for a whole year and will also be forbidden from entering Jerusalem for six months. He will be under house arrest every night for the next three months and has been given a list of 92 people with whom he is not allowed to have contact.
Ettinger, grandson of the American-born Rabbi Meir Kahane who was murdered by a Palestinian assassin in New York in 1990, was taken into administrative detention for suspected involvement in the 2015 arson attack that killed three members of the Dawabsheh family in the Palestinian village of Duma, including the infant Ali Dawabsheh.
While he has yet to be charged with a crime, Ettinger has been held in detention by order of Defense Minister Moshe Ya’alon for allegedly posing an active threat to public security.
Ettinger at age 24 is at the top of the Shin-Bet’s (Israel Security Agency) list of most dangerous right-wing Jewish extremists. According to the Shin Bet, Ettinger is the leader of “The Revolt” – a fringe religious group bent on creating war between Arabs and Jews and on leading the way to the ultimate destruction of the secular State of Israel.
Ettinger’s administrative detention had been extended by four months in February, which sparked community protests and an uproar by his family. Ettinger was denied a temporary release to attend his son’s circumcision on April 3..
“I am very happy that this lengthy period of Ettinger’s detention has come to an end,” said Ettinger’s lawyer, Yuval Zemer, after the announcement that Ettinger would be released.
“Yet it is sad to find that the State of Israel in 2016 can detain a person for 10 months solely on the basis of his political views. While I welcome the correct decision to end his sentence, it has been made too late.”
Meir Ettinger, a right-wing activist held in administrative detention since August, 2015, was released from custody under heavy restrictions on Wednesday morning.
Under administrative orders, Ettinger will not be allowed to enter the regions of Judea and Samaria for a whole year and will also be forbidden from entering Jerusalem for six months. He will be under house arrest every night for the next three months and has been given a list of 92 people with whom he is not allowed to have contact.
Ettinger, grandson of the American-born Rabbi Meir Kahane who was murdered by a Palestinian assassin in New York in 1990, was taken into administrative detention for suspected involvement in the 2015 arson attack that killed three members of the Dawabsheh family in the Palestinian village of Duma, including the infant Ali Dawabsheh.
While he has yet to be charged with a crime, Ettinger has been held in detention by order of Defense Minister Moshe Ya’alon for allegedly posing an active threat to public security.
Ettinger at age 24 is at the top of the Shin-Bet’s (Israel Security Agency) list of most dangerous right-wing Jewish extremists. According to the Shin Bet, Ettinger is the leader of “The Revolt” – a fringe religious group bent on creating war between Arabs and Jews and on leading the way to the ultimate destruction of the secular State of Israel.
Ettinger’s administrative detention had been extended by four months in February, which sparked community protests and an uproar by his family. Ettinger was denied a temporary release to attend his son’s circumcision on April 3..
“I am very happy that this lengthy period of Ettinger’s detention has come to an end,” said Ettinger’s lawyer, Yuval Zemer, after the announcement that Ettinger would be released.
“Yet it is sad to find that the State of Israel in 2016 can detain a person for 10 months solely on the basis of his political views. While I welcome the correct decision to end his sentence, it has been made too late.”
The Israeli Supreme Court rejected on Monday the appeal submitted by the family of Mazen Qirresh against the District Court’s decision to evacuate them from their home in the neighborhood of Al-Sa’dyeh in the Old City of Occupied Jerusalem in favor of “Ateerat Cohanim” settlement organization.
Therefore, the decision will be effective starting Wednesday. Lawyer Mohannad Jbara explained that he submitted an appeal to the Supreme Court against the District Court’s decision to evacuate the family of Mazen Qirresh from their home in favor of Ateerat Cohanim organization.
He also requested to freeze the decision of the District Court until the Supreme Court makes its decision regarding the appeal which was refused on Monday by the judge making the eviction order effective Wednesday as the District Court gave the family until the beginning of June to evacuate.
Mazen Qirresh explained that his family has been living in the property since 1916 with a leasing contract from a Palestinian family that owned the property before it was sold to the settlers in 1986.
According to the Israeli law, the family is considered a “protected tenant for three generations”, they are: Mustafa Qirresh (grandfather) and his sons (Kamal and Harbi and their wives) while the sons of Kamal and Harbi are considered a fourth generations and the protection ended after the death of another person from the third generation which was Kamal’s wife.
Qirresh pointed out that the first eviction case was filed against his family in 1998 but Ateerat Cohanim was not able to evacuate them because his mother was still alive and was considered a protected tenant (3rd generation).
After she passed away in 2009, the settlement organization renewed its request to evacuate the property. Qirresh pointed out that the family presented a leasing contract in 1998 that was between his father Kamal Qirresh and the Palestinian family that owned the property.
The Magistrate Court approved the contract which makes Kamal, his wife and children considered as protected tenants but the District Court then annulled the decision of the Magistrate Court and started asking for the property once again after the death of Itidal Qirresh. The Magistrate Court issued a decision to evacuate Qirresh family from their property and was ratified by the District Court last month.
The Supreme Court refused the appeal submitted by the family’s lawyer. The settlement organization Ateerat Cohanim seized a large part of the property of Qirresh family in 2010 and is looking to take the rest of the property where Mazen and his family of 7 individuals live.
Therefore, the decision will be effective starting Wednesday. Lawyer Mohannad Jbara explained that he submitted an appeal to the Supreme Court against the District Court’s decision to evacuate the family of Mazen Qirresh from their home in favor of Ateerat Cohanim organization.
He also requested to freeze the decision of the District Court until the Supreme Court makes its decision regarding the appeal which was refused on Monday by the judge making the eviction order effective Wednesday as the District Court gave the family until the beginning of June to evacuate.
Mazen Qirresh explained that his family has been living in the property since 1916 with a leasing contract from a Palestinian family that owned the property before it was sold to the settlers in 1986.
According to the Israeli law, the family is considered a “protected tenant for three generations”, they are: Mustafa Qirresh (grandfather) and his sons (Kamal and Harbi and their wives) while the sons of Kamal and Harbi are considered a fourth generations and the protection ended after the death of another person from the third generation which was Kamal’s wife.
Qirresh pointed out that the first eviction case was filed against his family in 1998 but Ateerat Cohanim was not able to evacuate them because his mother was still alive and was considered a protected tenant (3rd generation).
After she passed away in 2009, the settlement organization renewed its request to evacuate the property. Qirresh pointed out that the family presented a leasing contract in 1998 that was between his father Kamal Qirresh and the Palestinian family that owned the property.
The Magistrate Court approved the contract which makes Kamal, his wife and children considered as protected tenants but the District Court then annulled the decision of the Magistrate Court and started asking for the property once again after the death of Itidal Qirresh. The Magistrate Court issued a decision to evacuate Qirresh family from their property and was ratified by the District Court last month.
The Supreme Court refused the appeal submitted by the family’s lawyer. The settlement organization Ateerat Cohanim seized a large part of the property of Qirresh family in 2010 and is looking to take the rest of the property where Mazen and his family of 7 individuals live.
31 may 2016
The Knesset constitution, law and justice committee on Monday approved, by a 10-2 majority, an anti-terror bill for its second and third readings in the Knesset, which will greatly expand the Israeli security agencies' powers.
The committee had previously met for 30 sessions, rejecting all 150 objections to the bill. The bill will become law if passed after the third reading, according to Israel's channel 7.
The law would give the Israeli police and the intelligence apparatus, Shin Bet, extensive powers to fight hostile activities against Israel.
The new law would include various measures that were previously part of the British Mandate emergency measures act (1945). These include administrative detention and travel restrictions forbidding people from leaving the country.
The bill widens the definition of terrorist acts and organizations and provides for equal punishment for perpetrators and their abettors.
MK Issawi Frej (Meretz) attacked the law, calling it "ultranationalist legislation applying only to Arabs, while civil legislation is used with Jews."
"Now any Arab can be deemed a terrorist. An Arab stone thrower will become a terrorist, while a Jewish stone thrower will not," Frej said.
For its part, MK Osama Saadia (Joint List) said his party believes "there is an occupation, recognized by international law. People have a right to resist.
The new law embraces the infamous emergency rules and hampers freedom of expression and organization."
The committee had previously met for 30 sessions, rejecting all 150 objections to the bill. The bill will become law if passed after the third reading, according to Israel's channel 7.
The law would give the Israeli police and the intelligence apparatus, Shin Bet, extensive powers to fight hostile activities against Israel.
The new law would include various measures that were previously part of the British Mandate emergency measures act (1945). These include administrative detention and travel restrictions forbidding people from leaving the country.
The bill widens the definition of terrorist acts and organizations and provides for equal punishment for perpetrators and their abettors.
MK Issawi Frej (Meretz) attacked the law, calling it "ultranationalist legislation applying only to Arabs, while civil legislation is used with Jews."
"Now any Arab can be deemed a terrorist. An Arab stone thrower will become a terrorist, while a Jewish stone thrower will not," Frej said.
For its part, MK Osama Saadia (Joint List) said his party believes "there is an occupation, recognized by international law. People have a right to resist.
The new law embraces the infamous emergency rules and hampers freedom of expression and organization."
Israeli Ofer Court sentenced a Palestinian for ten months and imposed on him a fine of 2000 shekels for allegedly using Facebook for “incitement.”
Othmen Tamimi, 19, was given a 10-month sentence as well as a four-month suspended sentence for “incitement” on social media, according to the PIC reporter.
Since the outbreak of Jerusalem Intifada, Israel has notably stepped up the arrests campaign against Palestinian online activists.
In recent months, Israeli forces arrested 150 Palestinians over postings on Facebook that have been critical of Israeli crimes and violations against Palestinian people.
Israelis on social media routinely and openly incite violence against Palestinians, especially during heightened periods of tensions such as last summer's military offensive on Gaza, but none have yet faced prosecution.
Othmen Tamimi, 19, was given a 10-month sentence as well as a four-month suspended sentence for “incitement” on social media, according to the PIC reporter.
Since the outbreak of Jerusalem Intifada, Israel has notably stepped up the arrests campaign against Palestinian online activists.
In recent months, Israeli forces arrested 150 Palestinians over postings on Facebook that have been critical of Israeli crimes and violations against Palestinian people.
Israelis on social media routinely and openly incite violence against Palestinians, especially during heightened periods of tensions such as last summer's military offensive on Gaza, but none have yet faced prosecution.
