Tuesday, September 16, 2008
Court Shocker--Justice Actually Occurs! Judge Aviv Rules Police Must Allow Jews to Enter Their Own Property
Let's here it for Judge Aviv, who actually believes that if you extend a right to an arab, you must also extend that right to a Jew! Amazing!!
This is the first time that I can remember that a Judge has turned down the completely unjustified claims of the police that the citizens should give up the rights to their land simply because the Police think it is too much work for them to do.
I doubt this very logical and practical and just ruling will stand, however. I give it about 24 hours (if that) before some higher court judge puts an injunction on the ruling. Why? Because if this holds it means that Jews can actually claim their own land--something the lefties are living in complete fear of.
This is why our citizens are rushing to the site--not because they fear the arabs, but because their fear their own courts.
Court Rules Against Police: Jews Allowed to Enter Their Property
Published: 09/15/08, 12:16 PM
by Hillel Fendel
(IsraelNN.com) Jerusalem reclamation activist Aryeh King was abruptly detained by police on Sunday - but it turned out to be a blessing in disguise: Jerusalem Magistrates Court Judge Malkah Aviv ordered the police to stop preventing him from entering his property.
The property in question is located in what is known as the Shuafat slum, just outside Jerusalem's Pisgat Ze'ev neighborhood in the direction of Maaleh Adumim.
Police Fear Disturbances
King works to ensure that Jewish lands in the capital remain, or become again, Jewish. Nearly two weeks ago, police arrested him, and several others, when they tried - not for the first time - to enter the property in question. Though King is the legal representative of the Jewish owners, and the property is legally in his name, the police evicted some 30 Jews who came with him to actualize the Jewish claim. At the same time, they allowed an Arab squatter to remain there. The police said the Jews' presence there was liable to lead to disturbances and riots.
The judge said that the police claims of "feared violence" appears to be just a "life raft" for the police to justify their otherwise-unjustifiable actions against King.
On Sunday, the police asked King to appear at a police station for "completion of the investigation." He refused their demand to sign that he would not enter the property without police consent, and he was therefore taken to the Jerusalem District Court for remand.
Welcome Surprise for King
The results of the hearing were a welcome surprise for King, and a defeat for the police, whose claims the judge overwhelmingly dismissed.
Judge Aviv ruled that it is the job of the police to ensure the safety of citizens wherever they are, and that they may not prevent a citizen from actualizing his right of acquisition by claiming that this right presents too heavy of a burden for them.
King expressed satisfaction with the ruling, but told IsraelNationalNews, "We don't have that much time. We have to get to work. We plan to go up there today, and start work for the agricultural farm that the area is zoned for. The zoning classification permits us to build a building for the farmer, and another for the guards, etc., so we have work to do."
Just Like in 1874
"Though the police sometimes make illegal claims and act according to them," King said, "we see that we cannot give up. If we would have lost in court yesterday, we would have gone all the way to the Supreme Court."
King said his activities require faith: "Just like when Eliyahu Cohanim bought this property back in 1874, when there was no French Hill and no Pisgat Ze'ev and no N'vei Yaakov [Jewish neighborhoods of northern Jerusalem - ed.], because he had faith that the Jewish People would return - we, too, must know that even though the situation is hard, we have faith that the destiny of the Jewish People and Jerusalem is one."
The police claimed that when King or his people arrive, Arab disturbances can be feared. King responded that it is precisely the presence of the police on the scene that leads to the disturbances. He added that when he is not there, the Arabs throw garbage, attempt to build there, and otherwise attempt to prevent the Jews from actualizing their rights.
King also said that when he attempted to coordinate a time to enter with the police, as the police demanded, they refused to cooperate.
Judge Aviv ruled, "King's activities are not a provocation, and his entries to the property are for the purpose of actualizing his rights to use the property and to prevent others from infiltrating... When he arrived without police, no violence occurred against him or those who accompanied him... Just like the Supreme Court has ruled that PA Arabs must be allowed to reach their fields without restrictions and under IDF protection, the same is true in this case as well for King."
She said that King need not obtain police permission before entering, but that he must inform them in advance.
"The burden [of protecting citizens] placed upon the police is not a reason to prevent or restrict a person from using his private property," the judge stated. She added that the police claims of "feared violence" appears to be just a "life raft" for the police to justify their otherwise-unjustifiable actions against King.