NEWS UPDATES JULY-SEPTEMBER 2008

Israeljustice.com

  The Knesset has passed legislation on the first reading to close the cases of more than 400 minors, indicted for acts of passive disobedience against the government's expulsion of 10,000 Jews from the Gaza Strip and nothern West Bank in August 2005. The law has to pass a second and third vote before it can be enacted into legislation.

The police complaints department has closed the file against Police Commander Shlomi Even Paz for destroying the digital footage belonging to a photographer of the "Legal Forum" of a violent arrest of minors at the Shvut Ami outpost last year. This after, a civil suit was filed against him for a similar action at Homesh.

On Aug. 5, border police arrested three Jews and a photojournalist for attempting to enter Rachel's Tomb on foot. The Jews had arrived at the tomb with a group of 25 Jews led by parliamentarian Uri Ariel. At the entrance to the Rachel's Tomb, border police stopped the group because Jews are only allowed to enter the tomb if they arrive by bus. The police arrested the photojournalist, Hezki Ezra, and smashed his camera after he filmed police violently arresting a minor who had run off and calling the local Arab population to help them in the arrest. Ezra has since filed a complaint with the police complaints department.

On Aug. 5, Beersheba District Court Judge Ariel Wago remanded three residents of the Jewish community of Asael held until the end of judicial proceedings. The three were arrested on July 23, after they were charged with assaulting a Palestinian infiltrator who had set fire to their land. For his part the Palestinian told police that he the fire was an accident and he just dropped a cigarette in the field. In an earlier hearing, the Supreme Court ruled that the three are "dangerous, even if we accept their claim that the series of events began with a provocation by the Palestinian residents." For their part, Asael residents said that the Palestinian, who was allegedly beaten, attacked the community a three times and they filed charges with the police regarding arson, but no action was taken. On Aug. 6, police arrived to evacuate the small community of Asael.

Defense Attorney Dov Even Or has petitioned the Supreme Court against President Shimon Peres for failing to respond to a pardon application for two Jewish security guards. The brothers, Dan and Yitzhak Halamish, are serving seven and eight months sentences for shooting in the air to disperse a group of Bedouins who camped and threatened them near their community of Maalei Rehavam.

On July 23, the army declared the former Shedma Israeli army camp a closed military zone to Jews. A small group of Jews who arrived at the camp in the Judean desert, located close to the road that connects the Jewish community of Tekoa to Jerusalem, were ordered to leave the area. Minutes later, the army allowed a group of Palestinians children, accompanied by European members of the International Solidarity Movement, to enter the area on their way to a park.

On July 15, Israeli police arrested 14 teenage girls who protested at the Jewish Heroes Outpost situated between Hebron and Kiryat Arba. The girls refused to identify themselves or cooperate with police investigations.

On July 14, the prison authority at Maasiyahu prison in Ramle reneged on its earlier decision to allow Dani and Itzik Halamish a 48-hour furlough, although the law permits the furlough after two months in jail. The brothers, serving a seven and eight month sentence respectively for shooting in the air, said they were informed at the last moment that their furlough request was rejected and no reasons were given.

On July 14, the Knesset passed the first reading of the Disengagement Law that permits the State prosecutor's Office to close criminal cases of anti-disengagement protesters, mostly minors, who were indicted for passive civil disobedience.

On July 9, witnesses testified in the trial of David Atia, a policeman charged with head-butting an anti-government demonstrator, David Ledwin, in Amona in Feb. 2006. Video footage presented during the hearing showed Atia using all his force to head-butt Ledwin with his helmet as the youngster was leaving Amona, following the government's destruction of nine homes. Jerusalem Magistrate Yechiel Barkalai will rule on the case on July 19.

On July 8, the Knesset passed a law on the first reading that would prevent the police from photographing minors. The law was proposed by parliamentarians Uri Ariel, Zevulun Orlev and Eli Affalo.