Is it possible to quantify a person's life with money? Judge Rotem Kudler Ayash ordered the family of a southern resident, whom the police requested to stay in a shelter due to fear for her life, to deposit a NIS 100,400 bail to protect her life. The judge even ordered her elders to sign a NIS <>,<> bail so that the woman would not be harmed.
This is an application submitted by the Israel Police for a protection order against a young woman in her twenties, who, according to the police, poses an immediate and tangible threat to her life. The application states that on two separate occasions in recent months, the young woman was attacked by her father at her parents' home and sustained significant injuries – all due to an infringement of family honor. The application described that police officers were forced to rescue her from her father's home with the active resistance of family members. As a result, an indictment was filed against the father, who was detained according to the court's decision until the end of the proceedings.
, a shelter for battered women. Photo: Michal Eshel
Since the incident, the young woman has been placed, with her consent, in a shelter and about two months later, the young woman turned to welfare and asked to leave the shelter in order to marry her chosen one, but in parallel with this process, concrete information was received, according to which there is a real, clear and immediate danger to her young life and that there is concern that leaving the shelter for a wedding is a cover story so that it will be possible to end her life. After the situation was explained to her, according to her consent, she was returned to the shelter the same day.
Four members of the young woman's family attended the hearing, including her father's brother, who is in the first circle most committed to protecting the young woman's honor. In addition, two elders of the tribe showed up. Two members of the family, who offered to take responsibility for the young woman's life, sought to convince the court that they understood the responsibility they had assumed. One of the tribal elders even clarified that the family members gave their blessing to the respondent's planned wedding with her chosen one.
Documentation: Arrest of suspects in abduction of their sister from battered women's home || Police Spokesperson's Office
Judge Kudler Ayash noted in her decision that from every legal point of view, this is an exceptional and complex request, when in similar proceedings it was determined that the court does not have the authority to impose a protective order on a person and there is no possibility of forcing a person to stay in a shelter for battered women or in any other protected place, even if the act is in the best interest of the protected person, unless there is an indication of a defect in his legal capacity. "In our case, there can be no dispute that there was no defect in the respondent's ability to express her opinion, to make choices regarding the course of her life," the judge wrote in her decision, suggesting that family members and tribal elders sign a guarantee that will be returned to them at the rate and after a number of years, when they prove that they succeed in ensuring the integrity of the young woman's life.
"It is not possible to force protection on the respondent during her continued stay in a protected shelter, in the absence of consent on her part. Therefore, I believe that the way to balance between the well-founded concern on the one hand and the respondent's rights on the other is to determine that the Arabs will deposit guarantees as they agreed, in order to ensure the safety and life of the respondent," the judge wrote, adding: "The court is aware that the rules and laws of culture from which the respondent's family comes state that her closest family members are also obligated to protect her honor. Sometimes even at the cost of harming her life, when the value of her life sometimes recedes before family honor. At the same time, a number of highly respected people appeared before the court, are part of the tribal elders, and gave the court their substantive and practical undertaking to take upon themselves the responsibility for preserving the life of the respondent." We'll fix it! If you find a mistake in the article, please share with us