Thursday, March 01, 2012

Migron and Israel's Supreme Court

Israel Harel writes of "the gaping chasm that exists between the facts and the interpretations given them" in connection with Migron's legal aspects:

...Migron residents begged the High Court not to automatically accept Peace Now's petition, but to instead await the outcome of a magistrate's court case that was then considering the question of the land's ownership. But Supreme Court President Dorit Beinisch did not accede to the request submitted in their name by then-advocate Hanan Melcer. Had she shown the restraint expected of a Supreme Court justice, and certainly of its president, she would have prevented a growing segment of the public (which no doubt breathed a sigh of relief upon her retirement earlier this week ) from feeling that the court is deeply and essentially biased toward the left side of the political map.

Melcer, today a Supreme Court justice, put together a well-argued document that proved the land on which Migron was built did not belong to the plaintiffs. But in any case, since the question of the land's ownership was being reviewed by the magistrate's court, which has the tools to examine the title deeds, the High Court should have refrained from issuing a ruling before the magistrate's court had issued its decision.

But Beinisch pushed for it. And now, months after she issued her ruling that Migron should be uprooted, the plaintiffs have withdrawn their suit and the perversion of justice in her ruling has been laid bare.

Thus it was to rescue the High Court, not to defend justice, that Benny Begin entered the picture. After the prosecution concluded that "the plaintiffs have no right to the land," one would have expected that the High Court of Justice to have the courage, or the honesty, to cancel its deceptive, biased ruling. But since it did not, Begin decided to try to extricate it from the legal and public imbroglio in which it found itself. It was for the court's sake more than for Migron's that Begin has worked so assiduously over the past few months.

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