9 thoughts on “Grim Settler Farce Continues: Israeli Court Frees B’Tselem Prisoner, Police Then Transfer Him to Military Prison – Tikun Olam תיקון עולם إصلاح العالم
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  1. The merits of this case can of course be debated.

    My understanding is that Nasser Nawaj’ah was released by the Jerusalem court for lack of jurisdiction – as he’s not a resident of Israel, the alleged crime did not occur inside an area that was annexed by Israel, and the alleged victim (the seller of the land) is not Israeli.

    HOWEVER – the military administration courts do have jurisdiction – particularly vs. a Muslim resident of area-C (also possible B and A). As the alleged crimes and victim were both there, and the military administration is responsible for all civilian affairs in area-C (including law). [in area-B this would be a bit more murky].

    The police placed the Israeli detainees before the Jerusalem court as they have jurisdiction over Israeli citizens. And they tried to place all detainees in one case before one court, though this was a legal error here.

    The merits of the case, the silly gag order, and the degree of evilness can be debated, but placing Nassar before the correct court (the military affairs court) as opposed to the court who claimed lack of jurisdiction (of the court! not of the military administration) – is really just a jurisdiction snafu that was straightened out.

    [The Israeli police is generally incompetent – it really is not surprising they made this mistake along with many others].

    non-citizens resident of the area (west bank) can’t be tried in an Israeli court unless the crime occurred in an area that was annexed to Israel. There is no choice in this regard – this is the legal (all be it perverted) reality on the ground. It is not a question of shopping – but rather jurisdiction. Israeli citizens may be tried for crimes they commit outside of Israel generally, and in the area specifically – a country can extend its laws to its citizens outside of its borders – but not to non-citizens.

    1. @ lepxii:

      placing Nassar before the correct court as opposed to the court who claimed lack of jurisdiction – is really just a jurisdiction snafu that was straightened out.

      I’m so tickled to read your typically Orwellian dismissal of the pain & suffering of a real human being “just a snafu.” No one has jurisdiction over this matter because no crime was committed, except the crimes committed by the settler conspirators who deserve to be in the docket (& perhaps some day will be).

      a country can extend its laws to its citizens outside of its borders – but not to non-citizens.

      This is a borderline moronic statement. What do you think an Israeli military court is? It is a court of the Israeli state using laws devised by the Israeli state to govern Palestinian non-citizens. THus Israel certainly is extending “its laws” to “non-citizens” outside its borders.

      As for the Israeli police being incompetent, that is certainly true. But the settler police are far worse than your ordinary garden variety Israeli police official.

      The small tidbit in your comment that is interesting is that, whether you know it or not, you’ve confirmed that the Israeli police engaged in fraud when they brought Nasser before the Israeli court. They had to have known the Court had no jurisdiction. Therefore they knowingly perverted the course of justice. As Gaby Lasky says, this is a false arrest. I hope, and know, that a lawsuit will reap these victims thousands and thousands of dollars when this is all over (& it will be, hopefully soon).

    2. ” (…..) a Muslim resident of area-C ( …)”
      The denier “lepxii” now calls the Palestinians “Muslims” instead of as in an earlier comment ‘just’ putting Palestinians in quotation marks and without capital letter (which is sometimes a genuine mistake), wonder how he’ll manage to speak about Palestinian Christians, but I guess he won’t be around that long.

  2. The point in contention is that the suspect was released in theory but the police were given a delay in order to allow them to appeal. They appealed and lost the appeal, but then during the remaining original time frame of delaying the release given for the appeal they took him to the military court, instead of immediately releasing him. This is what is now being appealed, the illegal few hours he was held by the police with no legal right to do so.

  3. “Speaking about divine intervention: last week the Swedish Foreign Minister, Margot Wallstrom, criticized Israel’s legal system for having different laws for Jews and Arabs. Netanyahu reacted sharply, and lo and behold – by sheer accident, a few days later the Swedish press was full of stories about the corruption of Wallstrom, who did pay less rent for her government apartment than she should have.” Uri Avnery

    You noted, Richard, that the US Ambassador, Shapiro, came up with a similar comment and was called “a little Jew boy”. Will things remain at that or will it be discovered next that he blocked the payment of the Embassy’s electricity account?

    1. Uri Avnery often gets facts wrong, and in this case it’s not a matter of paying less rent. Wallström is accused of corruption because she rents an apartment in the center of Stockholm belonging to the biggest trade union in Sweden Kommunal, she’s supposed to have ‘jumped’ the long waiting list, but it seems the contract is direcly linked to her job as foreign minister.
      Anyway, we can count on the Israeli hasbara to use this affair in their work.

      1. @Deir Yassin

        Frankly I haven’t noticed that he often gets facts wrong. When I get the Shalom Post I click first on Avery’s column. He is always readable and often interesting. I hope that I, at his age, will be able to generate the same lively interest in what is going on and have the same capacity for indignation.

        1. I appreciate Avnery very much too, and I’ve been reading his weekly column for years too (mostly because it’s posted on a major French pro-Palestinian website that I read daily) , but in many of his articles there are mistakes like the one above, not very important but still. I don’t have any exemple in mind but often when I read him I’ve noticed this kind of inexactitudes, particularly concerning Palestinian matters,

  4. “Today, the Israeli court ordered the Jewish prisoners freed. But unfortunately this will not happen till Sunday.” – what an interesting way to report the court extended the arrest until Sunday.

    Reminds me of the joke about completion between an American and Russian where Russian arrive 2nd and American only 1 b4 last.

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