Honenu - Providing legal aid to Israeli soldiers and civilians in distress

Court ruling: Ramat Migron residents are permanent residents

admin — Fri, 18 May 2012 05:20:23 +0000

Friday, May 18, 8:20 A., the youth arrested Wednesday (May 16) night during the destruction in Ramat Migron has been released. The judge ruled that the youth is a permanent resident of the site and therefore the closed military zone order effective on the site is not applicable to him, Honenu reports.
This ruling is preceded by the ruling of the Jerusalem District Court last week in which the court ruled that Aryeh Davis is a permanent resident of Mitze Avichai, an outpost of Kiryat Arba-Hevron. Davis was arrested following his refusal to sign of his own volition on a restraining order banning him from the site, after, according to the police, he violated a closed military zone order.
In a deliberation on his case, Davis claimed that he had been a resident of the outpost for over three years and that the closed military zone order excludes him and his fellow residents under the clause stating that the order is not applicable to the permanent residents. The judge ruled that indeed the order does not pertain to Davis and ordered his release. The police requested a delay in carrying out the order until they filed an appeal with the district court. The district court rejected the police’s appeal and ordered that Davis be allowed to return to Mitzpe Avichai for the reason stated above.
Honenu attorney Itzik Baum, who represented Davis, considers this a precedent, in which the court ruled that Jews are also residents of the site. Usually there is a clause in closed military zone orders which excludes the residents of the site, the aim of which is not to harm the freedom of movement of the Arabs who reside in the site. The court’s decision changes the situation.
Late Wednesday (May 17) night during the destruction wrought by the Civil Administration and the Binyamin Border Police, A., a youth residing in Ramat Migron whose house was destroyed, was arrested on the grounds of violating a closed military zone order. On Thursday (May 18) A. was brought to a deliberation at the Jerusalem Magistrate Court before Judge Chagit Mac-Kalmanovitch. The police demanded a restraining order banning A. from Ramat Migron and a 2,000 NIS bond as security. Honenu attorney Itzik Baum who represented A. pleaded that the youth is a permanent resident of the site and that the center of his life is in Ramat Migron. Judge Mac-Kalmanovitch accepted the Baum’s plea and unconditionally released the youth.
Baum adds that the police violated the rights of A., a 15 year old youth, which are protected by law. During A.’s interrogation neither his parents nor another adult were present, as is required by law. Also the youth was forced to spend the night on a bench in the Sha’ar Binyamin Police Station.
Is this the end of the Ramat Migron saga? Will we not hear again of the endless persecution, ambushes, detainments, arrests and restraining orders that have been the daily ordeal of the Ramat Migron residents? Time will tell.

Honenu victory for resident of Mitzpe Avichai

admin — Thu, 17 May 2012 09:00:16 +0000

Recently (May 8 ) Honenu defended Aryeh Davis, a resident of Mitzpe Avichai, an outpost of Kiryat Arba-Hevron. Davis was accused of violating a closed military zone order.

Jerusalem District Court Judge Refael Yaakobi later ruled that Davis is a permanent resident of Mitzpe Avichai and therefore the order does not pertain to him.

Below are statements from Aryeh Davis and Honenu attorney Itzik Baum, who represented Davis. The statements are translated from the Hebrew article on INN.

Davis commented that this is not the first time that the army has inappropriately used a closed military zone order. “A closed military zone order is not a demolition order. Shai Nitzan has already said that this is their way to wage war on the settlements, by taking out closed military zone orders, but it’s really not legal.”

According to him his family will continue to live in Mitzpe Avichai, despite the fact that it has been destroyed numerous times during recent months. “We will continue to live here. I am glad that the judge was fair and hope that he will continue to be so. I welcome the decision.”

The response of Honenu attorney Itzik Baum, who represented Davis: ” This decision sets a precedent which determines that a Jew can be a permanent resident of Mitzpe Avichai. The security force always treat the Arabs as locals and refer to them as such. In this case the court, despite the opposition of the police, ruled that a Jew who has lived in a location for a long time is considered a “local”, that is to say a permanent resident for whom the closed military zone order is not applicable. The major general wanted to have the area free of all Jews and determined in the order that the permanent residents could stay, because he thought that only Arabs would be recognized as permanent residents. The court came and said that unequivocally Jews are also permanent residents of the location and Aryeh Davis may remain. It is sad to see that the State of Israel and the police are working so hard in order to “cleanse” Mitzpe Avichai of Jews.”

Arrests in Ramat Migron and Oz Tzion, 5 minors released

admin — Thu, 17 May 2012 08:21:13 +0000

Thursday, May 17, 11:21 Last night security forces arrived at the Ramat Migron outpost in the Binyamin region. Civil Administration personnel, border policemen and soldiers arrived with an army tractor in order to destroy a permanent house in which residents of the outpost were living. They quickly destroyed it and arrested one of the residents of the house.
From there the forces continued to the nearby Oz Tzion outpost. They informed everyone at the outpost that a closed military zone order was in effect and that they must immediately vacate the site. A group of young women at the site were arrested by policemen even though they had begun to prepare to leave. In all six young women were arrested, five of them minors. The arrestees were taken to the Sha’ar Binyamin Police Station for interrogation.
The security forces destroyed two structures at the outpost and according to people at the scene the police conducted themselves with unnecessary violence while arresting the young women.
During their interrogation the women claimed that after the policemen spoke they intended to leave the site, however they were arrested before they could do so. Honenu attorney Adi Kedar assisted the women at their interrogation.
Out of the six young women arrested last night at the Oz Tzion outpost the five minors have been released at the Sha’ar Binyamin Police Station. The adult arrested at Oz Tzion and a young man (minor) who was arrested at Ramat Migron will be brought later today to the Jerusalem Magistrate Court.
The ‘Tatzpit’ news agency reports that policemen, not policewomen, arrested the young women at Oz Tzion. Also some of the policemen did not wear identifying badges as required by law and some also wore masks.

Chabad emissary detained at Ben-Gurion airport

admin — Thu, 10 May 2012 16:45:39 +0000

Thursday, May 10, 19:45 A Chabad emissary and resident of Ma’ale Levona in the Binyamin region who returned with his wife and children this morning from half a year of outreach work in India was arrested at the Ben-Gurion airport in Lod. After negotiations between the police and a Honenu attorney the emissary was released.
H. and his family spent the past six months operating the Chabad House – teaching and also operating a kosher restaurant for the benefit of Jews traveling in the area – in the city of Dharamsala, India, a spiritual and mystical center which attracts a large number of travelers from all over the world, among them many Jews.
This morning the family landed at the Ben-Gurion airport where an unpleasant surprise awaited them. Airport police informed H. that the National Unit of Serious and International Crime Investigations had declared him wanted for investigation and therefore he was detained. After a short verification H. learned that the investigation concerned the publication of articles in “HaKol HaYehudi” more than a year ago which supposedly called for violence.
The publication “HaKol HaYehudi” has been under widespread investigation for approximately one year, including raids on the offices, confiscation of equipment and arrests of staff members. For example, last week two Yitzhar residents arrived at the offices of the National Unit of Serious and International Crime Investigations for an interrogation to which they had been summoned. The interrogation concerned the publication of articles in “HaKol HaYehudi” supposedly inciting to violence. The interrogatees were unconditionally released after a short interrogation. See here for an additional incident from June 2011 directly involving Honenu and here for an update on the case.
In negotiations with Honenu attorney Adi Kedar the National Unit of Serious and International Crime Investigations agreed that H. would report of his own volition to an interrogation this coming Sunday and that he and his family were currently free to return home.

Today’s Yishuv HaDa’at and Hevron arrestees released

admin — Tue, 08 May 2012 17:57:49 +0000

Tuesday, May 8, 20:57 Honenu reports that the two Jews arrested today in separate incidents were released from police custody.
The Central Unit of the Yehuda and Shomron Police released the Yishuv HaDa’at resident arrested earlier today on suspicion of involvement with vehicular arson approximately ten months ago. The Hevron police released the youth arrested on suspicion of possessing a knife.
A Honenu attorney handled both cases.

Another arrest in Alei Ayin vehicular arson case from 10 months ago

admin — Tue, 08 May 2012 12:59:32 +0000

Tuesday, May 8, 15:59 Honenu reports that this morning a suspect was arrested on suspicion of setting a police car on fire after the destruction of the Alei Ayin outpost approximately ten months ago.
This morning Yassam (Special Unit) policemen arrived at the Yishuv HaDa’at farm near the community of Shilo in the Binyamin region and arrested N., who was taken to the Central Unit of the Yehuda and Shomron Police Station in Ma’ale Adumim where he was interrogated concerning the above-mentioned vehicular arson.
Approximately ten months ago security forces destroyed the Alei Ayin outpost, also near Shilo. During the destruction the security forces conducted themselves violently, including throwing stun grenades and using police batons. As a result of the violence ten residents of area communities required medical treatment.
In response to the destruction and the violent conduct the police car belonging to the Binyamin Region Police Commander, Chief Superintendent Yoram Akua, was set on fire when it was unmanned and parked on the side of the road.
More than six suspects have been arrested in the case, see here and here, the last approximately two months ago. All of them were later released.
Honenu reports that N. is still in interrogation and that Honenu attorney Adi Kedar is handling his case.

Suspect interrogated then arrested for refusing to sign restraining order

admin — Tue, 08 May 2012 11:40:51 +0000

Tuesday, May 8, 14:40 A Hevron resident summoned for routine interrogation was asked to sign a restraining order banning him from Mitzpe Avichai, an outpost of Kiryat Arba-Hevron. When he refused, he was arrested for 24 hours, Honenu reports.
A., a resident of Hevron, was summoned several days ago for interrogation today at the Hevron Police Station. Today A. arrived at the police station as requested and was interrogated on suspicion of illegally staying at Mitzpe Avichai. According to the police the site is considered a closed military zone.
A., who was asked to sign of his own volition a restraining order banning him for 15 days from the site and to sign on bail, refused, claiming that the closed military zone order excludes residents of the outpost. According to him he has been living in Mitzpe Avichai for approximately three years.
In response to A.’s refusal the police officer decided immediately to arrest him for 24 hours. A Honenu attorney filed an appeal on the remand and a deliberation will take place in court later today.

Deliberations on Bat Yam rabbi case postponed

admin — Sun, 06 May 2012 12:26:51 +0000

Sunday, May 6, 15:26 Today a deliberation took place at the K’far Saba Magistrate Court on the case of Rabbi Asher Vodka, the head of the Bat Yam Yeshiva Gevoha and member of the local garin torani, whose house was broken into last week by policemen who came to arrest him. The judge acquiesced to the defendants’ request and postponed the continuation of the deliberation for five months, Honenu reports.
Rabbi Vodka and the other defendants in the case are accused of illegally staying in the destroyed community of Homesh in the northern Shomron approximately two years ago.
Last week policemen arrived at R. Vodka’s home with a writ of habeas-corpus signed by a judge for his arrest on a charge that he had not appeared at the K’far Saba Magistrate Court for a deliberation on his case. The policemen knocked on the front door and were answered by R. Vodka’s wife, who replied that he was not at home.
The policemen were not satisfied with her reply and began to break down the door. R. Vodka’s wife and small children closed themselves into one of the inner rooms of the house. Meanwhile numerous residents of the area, including members of the garin torani, arrived on the scene and protested the conduct of the police. Disturbances developed during which the police conducted themselves violently, hitting and spraying pepper gas at the protesters. Three members of the garin torani were arrested and later released throughout the evening from the police station.
The following day Honenu attorney Rehavia Piltz filed a request with K’far Saba Magistrate Court Judge Dana Marshak-Marom demanding that the writ of habeas-corpus, which she had signed, be canceled on the grounds that R. Vodka had not received the summons to the deliberation to which he was supposed to appear and that if he had he would have appeared. The judge accepted the request and canceled the writ of habeas-corpus.
Today at a deliberation at the K’far Saba Magistrate Court over which Judge Marshak-Marom presided the defendants requested that the continuation of the deliberations be postponed in order to give them time to read the charge sheet. The judge agreed to the request and postponed the continuation of the deliberations for five months.

Girl harassed, father arrested

admin — Mon, 30 Apr 2012 18:25:09 +0000

Monday, April 30, 21:25 The girl was assaulted by an Arab, and her father was arrested, Honenu reports.
A 15 year old Jewish girl from a religious family residing in the French Hill neighborhood of Jerusalem went out today (Monday) in the afternoon with her younger brothers to the “Gan HaShalom” (lit. “Garden of Peace”) playground in French Hill. A group of Arab youths at the playground began to annoy the girl, speaking in obscene language and trying to touch her.
The girl fled and called out to her father who hurried over to her as he called the police. When the police arrived the Arab youths hid in playground. The policemen approached them and began to ask them if they had been injured by the girl’s father. After they found a mark on the body of one of the youths which seemed to be from an injury, the policemen arrested the father on suspicion of assaulting the Arab, who had harassed the girl. Two other Arabs were released on the scene by the police. When the father asked if the Arab had complained about an assault, the policemen replied that there was no need, being as they had seen for themselves the mark of an injury.
Residents of the neighborhood who were at the site complained to the policemen that every single day incidents of this sort repeatedly occur in the playground and that the phenomenon must be stopped.
In the end the girl, her father and the Arab youth were taken to the police station. A Honenu attorney briefed the father concerning his interrogation.

Yesterday’s Bat Yam arrestees released

admin — Mon, 30 Apr 2012 05:06:37 +0000

Monday, April 30, 8:06 The three yeshiva students arrested yesterday during disturbances in Bat Yam have been released, Honenu reports.
The students were arrested yesterday during disturbances which occurred when policemen broke into the home of one of the rabbis of the yeshiva in Bat Yam, who is also known as a right-wing activist. The policemen arrived at the rabbi’s home in order to arrest him on grounds of failing to appear at a court deliberation regarding illegal entry to Homesh two years ago. When the rabbi’s wife did not open the door for the policemen, because the rabbi was not at home, they broke down the door.
Members of the local garin torani gathered at the scene in order to protest the conduct of the police. Disturbances broke out during which the policemen conducted themselves violently, hitting and spraying pepper gas at the protesters. Some of the policemen drew their pistols and watched throughout the incident. Three yeshiva students, members of the garin torani, were arrested and taken to the police station.
After staying several hours at the police station the three arrestees were unconditionally released from police custody.
Honenu also reports this morning that Honenu’s attorneys intend to file a request to cancel the writ of habeas-corpus against the rabbi, who claims that he did not receive a court summons and if he had, he would have appeared as required.