10 aug 2020
Nizmi Abu Bakr in court
Justices' verdict allows IDF to only seal up one room in the apartment, takes into consideration that wife and eight children of Amit Ben-Yigal’s killer still live there; PM slams 'sad decision', calls for an additional hearing
The High Court of Justice on Monday canceled the planned home of a Palestinian charged with the killing of an IDF soldier earlier this year by dropping a block on his head from the building’s roof.
Nizmi Abu Bakr, 49, was charged in June with the killing of 21-year-old Sgt. First Class Amit Ben-Yigal by throwing a brick that fatally hit him over the head during an operation in the West Bank village of Yabed.
Justices Menachem Mazuz and George Karra reasoned their ruling by stating that Abu Bakr’s wife and eight children, who were not involved in the attack, still live there.
The court instead allowed the military to seal up just one room of the apartment where Abu Bakr lives.
Prime Minister Benjamin Netanyahu tweeted in response that the ruling was “a sad decision by the High Court that refused our request to destroy the home of the terrorist who killed IDF soldier Amit Ben-Yigal, who was an only child."
“I demand to hold an additional hearing with an expanded panel [of judges],” Netanyahu tweeted. “My policy as prime minister is to destroy the homes of terrorists, and I intend to continue with it.”
Lamenting the court's decision, Ben-Yigal's father Baruch told Ynet that, "the judges made a mistake, this is a wrong and unjust decision."
"I'm not looking for revenge because I don't need it, it's merely a matter of deterrence, which this decision lacks."
Speaking from his son's gravesite, Baruch said: "I told my son about this unjust verdict. It's not fair to look at the Palestinians and not me, what about my pain? Does it mean nothing to them? I've become a miserable man, my only son is dead. This verdict is humiliating to our soldiers today."
Justices' verdict allows IDF to only seal up one room in the apartment, takes into consideration that wife and eight children of Amit Ben-Yigal’s killer still live there; PM slams 'sad decision', calls for an additional hearing
The High Court of Justice on Monday canceled the planned home of a Palestinian charged with the killing of an IDF soldier earlier this year by dropping a block on his head from the building’s roof.
Nizmi Abu Bakr, 49, was charged in June with the killing of 21-year-old Sgt. First Class Amit Ben-Yigal by throwing a brick that fatally hit him over the head during an operation in the West Bank village of Yabed.
Justices Menachem Mazuz and George Karra reasoned their ruling by stating that Abu Bakr’s wife and eight children, who were not involved in the attack, still live there.
The court instead allowed the military to seal up just one room of the apartment where Abu Bakr lives.
Prime Minister Benjamin Netanyahu tweeted in response that the ruling was “a sad decision by the High Court that refused our request to destroy the home of the terrorist who killed IDF soldier Amit Ben-Yigal, who was an only child."
“I demand to hold an additional hearing with an expanded panel [of judges],” Netanyahu tweeted. “My policy as prime minister is to destroy the homes of terrorists, and I intend to continue with it.”
Lamenting the court's decision, Ben-Yigal's father Baruch told Ynet that, "the judges made a mistake, this is a wrong and unjust decision."
"I'm not looking for revenge because I don't need it, it's merely a matter of deterrence, which this decision lacks."
Speaking from his son's gravesite, Baruch said: "I told my son about this unjust verdict. It's not fair to look at the Palestinians and not me, what about my pain? Does it mean nothing to them? I've become a miserable man, my only son is dead. This verdict is humiliating to our soldiers today."
9 aug 2020
Staff Sgt. Ilan Sviatkovsky, left, and Maj. Eliraz Peretz
Abdullah Daghmah, 38, was detained last month after entering Israel with his brother, who was to receive medical treatment near Tel Aviv; Shin Bet says investigation showed his role in deaths of Staff Sgt. Ilan Sviatkovsky and Maj. Eliraz Peretz
A Palestinian from the Gaza Strip was indicted on Sunday in Be'er Sheva District Court over the killing of two IDF soldiers a decade ago.
Abdullah Daghmah, 38, was detained by the Shin Bet security service in July as he entered Israel from Gaza in order to donate bone marrow to his brother, who was to be hospitalized near Tel Aviv. He was at the time suspected of involvement in attacks on soldiers.
Daghmah was still permitted to donate the bone marrow, the local media reported.
During questioning, the Shin Bet said, it became clear that Daghmah was involved in the March 2010 attack at the Gaza border fence that killed Maj. Eliraz Peretz and Staff Sgt. Ilan Sviatkovsky. Two other soldiers were wounded in the attack.
The two soldiers died in exchange of fire after their Golani Brigade unit engaged several men who were spotted attempting to place explosives alongside the barrier.
Peretz was the son of Israel Prize laureate Miriam Peretz, who lost another son, 22-year-old Uriel, in Lebanon in 1988.
According to the Shin Bet, the attack had first been planned by the al-Aqsa Martyrs' Brigades terrorist organization in September 2008 and carried out 18 months later.
The Shin Bet said that the investigation revealed that in around July 2008, Daghmah agreed with another activist Adnan Abu Hani to the organization's proposal to carry out terrorist activity against Israel and to recruit more people for that purpose.
The indictment against Daghmah states that he initially refused to recruit activists for suicide operations against Israeli targets, claiming that they were "hard to find," but later agreed to carry out recruitment for shooting or bomb attacks against IDF forces.
Abdullah Daghmah, 38, was detained last month after entering Israel with his brother, who was to receive medical treatment near Tel Aviv; Shin Bet says investigation showed his role in deaths of Staff Sgt. Ilan Sviatkovsky and Maj. Eliraz Peretz
A Palestinian from the Gaza Strip was indicted on Sunday in Be'er Sheva District Court over the killing of two IDF soldiers a decade ago.
Abdullah Daghmah, 38, was detained by the Shin Bet security service in July as he entered Israel from Gaza in order to donate bone marrow to his brother, who was to be hospitalized near Tel Aviv. He was at the time suspected of involvement in attacks on soldiers.
Daghmah was still permitted to donate the bone marrow, the local media reported.
During questioning, the Shin Bet said, it became clear that Daghmah was involved in the March 2010 attack at the Gaza border fence that killed Maj. Eliraz Peretz and Staff Sgt. Ilan Sviatkovsky. Two other soldiers were wounded in the attack.
The two soldiers died in exchange of fire after their Golani Brigade unit engaged several men who were spotted attempting to place explosives alongside the barrier.
Peretz was the son of Israel Prize laureate Miriam Peretz, who lost another son, 22-year-old Uriel, in Lebanon in 1988.
According to the Shin Bet, the attack had first been planned by the al-Aqsa Martyrs' Brigades terrorist organization in September 2008 and carried out 18 months later.
The Shin Bet said that the investigation revealed that in around July 2008, Daghmah agreed with another activist Adnan Abu Hani to the organization's proposal to carry out terrorist activity against Israel and to recruit more people for that purpose.
The indictment against Daghmah states that he initially refused to recruit activists for suicide operations against Israeli targets, claiming that they were "hard to find," but later agreed to carry out recruitment for shooting or bomb attacks against IDF forces.
Abdullah Al-Daghma
Daghmah and Abu Hani then allegedly recruited one of the perpetrators of the 2010 attack, Bassam Abu Degma, into the organization to carry out attacks against Israeli troops.
Abu Degma was killed in August 2010 while attempting to lay explosives along the fence between Gaza and Israel.
“The Shin Bet will continue to work tirelessly to maintain the security of Israeli citizens in the face of terrorism and bring to justice those involved in terrorist activity, even many years after the attack,” the security service said.
Daghmah's lawyer said that Israel had used the brother's illness to coerce his client into making a confession.
"The defendant went to Tel Hashomer Hospital with his brother after receiving permission from the Shin Bet to enter through the Erez crossing," attorney Mohammad Jabarin said.
"The Shin Bet then arrested him and the two were taken to Tel Hashomer Hospital. He was explicitly told that if he confessed to what they wanted, his brother would receive the medical treatment and surgery he needed. The confession was made under pressure."
The defense team has yet to receive all the investigation material from the case, Jabarin said.
Daghmah and Abu Hani then allegedly recruited one of the perpetrators of the 2010 attack, Bassam Abu Degma, into the organization to carry out attacks against Israeli troops.
Abu Degma was killed in August 2010 while attempting to lay explosives along the fence between Gaza and Israel.
“The Shin Bet will continue to work tirelessly to maintain the security of Israeli citizens in the face of terrorism and bring to justice those involved in terrorist activity, even many years after the attack,” the security service said.
Daghmah's lawyer said that Israel had used the brother's illness to coerce his client into making a confession.
"The defendant went to Tel Hashomer Hospital with his brother after receiving permission from the Shin Bet to enter through the Erez crossing," attorney Mohammad Jabarin said.
"The Shin Bet then arrested him and the two were taken to Tel Hashomer Hospital. He was explicitly told that if he confessed to what they wanted, his brother would receive the medical treatment and surgery he needed. The confession was made under pressure."
The defense team has yet to receive all the investigation material from the case, Jabarin said.
6 aug 2020
Map illustrating the towns in the petition
The Legal Center for Arab Minority Rights in Israel, in cooperation with The Arab Center for Alternative Planning filed a petition to the Israeli Supreme Court today against an Israeli government policy discriminating against Arab communities in the “northern triangle” region in the distribution of housing, construction, and land development benefits.
The petition, according to an Adalah press release, was filed on behalf of all Arab local authorities in Wadi Ara and 74 area residents, in cooperation with the Public Committee for the Defense of Land and Housing in Wadi Ara, the petitioners' own localities, the local councils of Umm al-Fahm, Baqa al-Gharbiya, the Ara-Ar’ara, Kfar Qara, Ma'ale ‘Iron, Basmah and Jatt, and the communities of Umm al-Qatif, Misar, and Al-‘Iryan which have not received “National Priority Area” (NPA) designation that would make them eligible for development and housing benefits and land discounts from the Israel Land Authority.
Adalah Attorney Suhad Bishara filed the petition with professional planning consultation from urban planner Enaya Banna from the Arab Center for Alternative Planning.
The NPA benefits provided to those localities included in the government’s current arrangement significantly reduce their housing and new construction costs.
These benefits include reduced land lease fees at a rate of up to 51 percent, as well as subsidies from Israel’s Construction and Housing Ministry for planning and development expenses related to new residential construction on state lands.
The petitioners argued that the government’s decisions on NPA eligibility do not comply with Israeli law regulating the classification of localities, said the press release.
This law was the result of a Supreme Court ruling in 2006 on a petition filed by Adalah on behalf of the High Follow-up Committee for Arab Citizens of Israel (HCJ 11163/03).
In that case, the court rejected the Israeli government’s arbitrary determination of criteria that had previously resulted in discrimination between Arab and Jewish localities on the basis of ethnicity or national belonging.
The law authorizing the Israeli government to determine national priority areas includes adherence to the principle of equality and the prohibition against discrimination, and also gives significant weight to the criterion of socio-economic ranking and the communities’ economic and social resilience.
The criteria are designed with the intention of reducing socio-economic disparities between communities, said Adalah.
Nevertheless, contrary to the clear language of the law, the Israeli government excluded Arab communities in the “northern triangle” area (Wadi Ara) from being classified as NPAs, despite their low socio-economic ranking.
Although these towns were classified as being in the "social periphery", they are not defined as NPAs because they fall within the boundaries of the Khadera sub-district which has a higher ranking.
As a result, other neighboring – significantly wealthier – localities are entitled to NPA benefits, while the poorer localities, which have filed the Supreme Court petition, are being denied these benefits.
For example, Arab communities situated in the Ma'ale ‘Iron Local Council (Musmus, Zalafa, Musheirifa, Salem, and Bayada) and the city of Umm al-Fahm – which all have low socio-economic rankings – do not enjoy the state benefits provided to the nearby wealthier Jewish localities of Givat Oz, Megiddo, Mizpe Ilan, Harish, Mevo Dotan, and Hermesh.
This state discrimination comes against the backdrop of housing shortages and dysfunctional development in the northern triangle’s Arab communities.
Along with the high population density, lack of urban planning, and shortage of available undeveloped lands, there also exists no development options that meet the needs of the population.
According to data in the petition, which was provided by The Arab Center for Alternative Planning, only 20 development tenders have been issued in the Wadi Ara area since 2010 – some 1,454 housing units – despite an estimated housing shortfall of 10,000 to 11,000.
In view of the Israeli government’s extreme violation of the law – and the concurrent violation of the principle of equality – the petitioners demanded that the Supreme Court cancel the relevant government decisions excluding the Arab communities or, alternatively, order the inclusion of Arab communities in the northern triangle amongst the list of localities designated as NPAs.
Adalah Attorney Suhad Bishara and Urban Planner Dr. Enaya Banna commented: “The Israeli government repeatedly creates mechanisms that systematically discriminate against Arab citizens.
Through manipulations of various parameters, it formulates a policy with an outcome that is clear: the weakest communities – those which should have been at the top of the government's priorities – are excluded.
It is also clear that the Israeli government has failed to abide by the Supreme Court's earlier ruling meant to put an end to this discriminatory practice.
Many additional actions must be taken to resolve the land and planning crisis in Arab communities and to promote proper development that can facilitate social and economic prosperity.”
The Legal Center for Arab Minority Rights in Israel, in cooperation with The Arab Center for Alternative Planning filed a petition to the Israeli Supreme Court today against an Israeli government policy discriminating against Arab communities in the “northern triangle” region in the distribution of housing, construction, and land development benefits.
The petition, according to an Adalah press release, was filed on behalf of all Arab local authorities in Wadi Ara and 74 area residents, in cooperation with the Public Committee for the Defense of Land and Housing in Wadi Ara, the petitioners' own localities, the local councils of Umm al-Fahm, Baqa al-Gharbiya, the Ara-Ar’ara, Kfar Qara, Ma'ale ‘Iron, Basmah and Jatt, and the communities of Umm al-Qatif, Misar, and Al-‘Iryan which have not received “National Priority Area” (NPA) designation that would make them eligible for development and housing benefits and land discounts from the Israel Land Authority.
Adalah Attorney Suhad Bishara filed the petition with professional planning consultation from urban planner Enaya Banna from the Arab Center for Alternative Planning.
The NPA benefits provided to those localities included in the government’s current arrangement significantly reduce their housing and new construction costs.
These benefits include reduced land lease fees at a rate of up to 51 percent, as well as subsidies from Israel’s Construction and Housing Ministry for planning and development expenses related to new residential construction on state lands.
The petitioners argued that the government’s decisions on NPA eligibility do not comply with Israeli law regulating the classification of localities, said the press release.
This law was the result of a Supreme Court ruling in 2006 on a petition filed by Adalah on behalf of the High Follow-up Committee for Arab Citizens of Israel (HCJ 11163/03).
In that case, the court rejected the Israeli government’s arbitrary determination of criteria that had previously resulted in discrimination between Arab and Jewish localities on the basis of ethnicity or national belonging.
The law authorizing the Israeli government to determine national priority areas includes adherence to the principle of equality and the prohibition against discrimination, and also gives significant weight to the criterion of socio-economic ranking and the communities’ economic and social resilience.
The criteria are designed with the intention of reducing socio-economic disparities between communities, said Adalah.
Nevertheless, contrary to the clear language of the law, the Israeli government excluded Arab communities in the “northern triangle” area (Wadi Ara) from being classified as NPAs, despite their low socio-economic ranking.
Although these towns were classified as being in the "social periphery", they are not defined as NPAs because they fall within the boundaries of the Khadera sub-district which has a higher ranking.
As a result, other neighboring – significantly wealthier – localities are entitled to NPA benefits, while the poorer localities, which have filed the Supreme Court petition, are being denied these benefits.
For example, Arab communities situated in the Ma'ale ‘Iron Local Council (Musmus, Zalafa, Musheirifa, Salem, and Bayada) and the city of Umm al-Fahm – which all have low socio-economic rankings – do not enjoy the state benefits provided to the nearby wealthier Jewish localities of Givat Oz, Megiddo, Mizpe Ilan, Harish, Mevo Dotan, and Hermesh.
This state discrimination comes against the backdrop of housing shortages and dysfunctional development in the northern triangle’s Arab communities.
Along with the high population density, lack of urban planning, and shortage of available undeveloped lands, there also exists no development options that meet the needs of the population.
According to data in the petition, which was provided by The Arab Center for Alternative Planning, only 20 development tenders have been issued in the Wadi Ara area since 2010 – some 1,454 housing units – despite an estimated housing shortfall of 10,000 to 11,000.
In view of the Israeli government’s extreme violation of the law – and the concurrent violation of the principle of equality – the petitioners demanded that the Supreme Court cancel the relevant government decisions excluding the Arab communities or, alternatively, order the inclusion of Arab communities in the northern triangle amongst the list of localities designated as NPAs.
Adalah Attorney Suhad Bishara and Urban Planner Dr. Enaya Banna commented: “The Israeli government repeatedly creates mechanisms that systematically discriminate against Arab citizens.
Through manipulations of various parameters, it formulates a policy with an outcome that is clear: the weakest communities – those which should have been at the top of the government's priorities – are excluded.
It is also clear that the Israeli government has failed to abide by the Supreme Court's earlier ruling meant to put an end to this discriminatory practice.
Many additional actions must be taken to resolve the land and planning crisis in Arab communities and to promote proper development that can facilitate social and economic prosperity.”
