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Opinion Ruach Ben Gabir: zero tolerance for legal quibbles Israel today

2023-01-30T08:46:53.625Z


The lawyer, who understands what legal procrastination is, brought out the hand-wringing war between him and the prosecutor in order not to leave a margin of procrastination that would delay the sealing of the terrorist's house


The network was cynical and skeptical about the statement of the Minister of Internal Security who asked to seal the house of the terrorist from Neve Ya'akov within a day.

They accused him of spins, of trying to buy public opinion, they claimed that he is once again only selling empty talk, that the role is big for him.

Some went further and explained that in the Israeli reality there is no concept of "immediate sealing of terrorist houses", because sealing is an alternative technique to demolition, and therefore it is a procedural process that takes several months and includes an orderly notification to the terrorist's family, engineering mapping, a possible appeal by the family, and sometimes even a choice The right operational timing.

And yet, less than a day after the murderous attack, in which seven civilians were murdered on Saturday evening in the Neve Ya'akov neighborhood in Jerusalem - the terrorist's house was sealed.

Ben Gabir's cynical critics, who accused his statement of empty pomposity, did not do so without basing themselves on past events that occurred in previous governments.

They had good reason to think that immediate sealing was unrealistic.

From a new study by the "If You Want" movement published on 04.01.23, it appears that the longest amount of time it took to demolish a house in the past year (165 days) was following the severe attack that took place in Tel Aviv last March, carried out by the terrorist Red Fathi Hazem.

The shortest time was after the murder of the five Israelis in the attack in Bnei Brak by Dia Hamarsha (65 days).

The study analyzed dozens of murderous attacks that have occurred in recent years, based on data from the HaMoked organization for the protection of the individual.

One of the conclusions: the dragging of feet and the delay in carrying out the decision to seal or destroy the terrorist's house, often stems from petitions submitted by various left-wing organizations that succeed in delaying the execution of the ruling.

The time gap impairs deterrence and misses the context between the act and the punishment.

Sealing that is carried out three months after a murder is neither effective nor a deterrent.

How did we get from a situation of a hundred days on average to demolishing a terrorist's house, to sealing it in less than a day?

According to the publications, the security forces submitted a request to the legal advisor to the government already on Saturday at 8:00 am.

The ombudsman did not answer until eight in the evening. Ben Gvir, who realized that this was going to be delayed, blew up the matter live. The ombudsman, who had to respond, claimed that she had not received the material and that she was waiting for the security opinions to be completed.

The Minister of National Security was attacked from all sides for "putting the blame" on the prosecutor and "not accepting responsibility" as a senior minister in the government. They called him "whiny" and "squeamish", but it is possible that the lawyer, who understands what legal procrastination is, knew what might happen to happen if petitions are filed with the High Court with the aim of delaying the sealing of the terrorist's house, and therefore brought out the hand-wringing war between him and the ombudsman so as not to leave room for unnecessary procrastination. 

The series of decisions that came out of the cabinet, such as denying rights to social security and denying identity cards to the families of terrorists, hurt the soft underbelly of the families of the terrorists, create deterrence and herald a different spirit.

This is a change that indicates a motivation to act quickly, and not allow decisions to raise dust.

During the cabinet meeting, Ben Gabir was furious that the legal advice was delaying the law that should anchor his powers.

The message is clear: the Minister of Internal Security, who knows the sections of the law in depth, is not ready to be smeared and his powers neutered.

At the same meeting, Ben Gabir demanded, and was granted, that the house of the 13-year-old terrorist, who seriously wounded a father and son, be sealed off.

This is a dramatic policy change that was not customary until now.

According to the IDF, they do not destroy the homes of terrorists they "only wounded", due to the High Court's policy that does not support this.

The head of the Shin Bet was asked to prepare an opinion on sealing the homes of terrorists who have not committed murder, and later the decision will become a permanent official policy. The main claim should be against the previous governments, who dragged their feet and did not show uncompromising determination to carry out the decisions close to the date they were made. Right now it seems that with determination - it is possible

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Source: israelhayom

All news articles on 2023-01-30

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