When Ariel Sharon was prime minister he appointed a lawyer, Talia Sasson, to clarify the legal status of lands in the communities of Judea and Samaria. Sasson, today a member of the extreme left wing Meretz party, compiled a report which reflects her personal political perspective and a very one sided approach to the legal issues involved.
There is a law stating that a person who works and agriculturally develops land for over ten years attains ownership of the land. Until recently, when Jews bought lands from Arabs they did so clandestinely, using an agreement which relied on the applicability of this law. The agreement consisted of the Arab seller promising not to lay claim to the lands purchased by the Jews, in order to ensure that the ownership be transferred to the Jewish buyer at the end of that time.
There did not have to be a written record of the purchase that way, since Arabs are routinely killed for selling land to Jews. The result, however, is that lands bought by Jews often remain registered under the title of their former Arab owners. This is done solely to protect the Arab's life. [There were also cases of Arabs selling lands they did not own that way, using fraudulent papers, or selling lands that were still in dispute among various inheritors, ed.]
Sasson ignored this humanitarian approach, which led to her insisting in her report that lands bought by Jews are actually still owned by Arabs. Following this opinion, the High Court of Justice began to refuse to accept Jewish claims, and ruled that the houses on that land must be demolished, even though the lands are legally owned by Jews. The State Attorney has, in turn, adopted a similar position.
Clearly when both these parties adopt a political position, arguably a radical political position, it is difficult to maintain a fair court environment.
It should be noted here, as we have reported in the past, similar court rulings have plagued the agricultural community with respect to cultivated land. For an Israeli, a deed, a sales contract and a history of cultivation of the land is not acceptable evidence of ownership, while an absentee Arab need only present an undocumented claim anonymously through a lawyer who is being paid by foreign political lobbyists. The Arab sellers, afraid for their lives, did not argue with the leftist organizations that offered to sue in their names.
The Legal Forum turned to PM Netanyahu, back in 2009, requesting that a new committee, with less political bias, write a new report on the legal status of the communities of Judea and Samaria. We further proposed that an independent committee be established to investigate these issues and provide legal advice to the government, as a response to the biased position of the State Attorney.
The government has responded by establishing a committee of three, former high court magistrate Edmond Levi, former district court magistrate Tchiya Shapira and former Israel ambassador to Canada Alan Baker. The three will discuss the legal status of the communities in Judea and Samaria and will formulate a uniform policy with respect to the continuity as well as the establishment of these communities. The establishment of this committee is the result of extensive efforts by The Legal Forum for the Land of Israel.
At the same time, Dr. Harel Arnon, a Harvard trained lawyer, and a member of the Legal Forum, has written two legal opinions: a legal opinion pertaining the status of Judea and Samaria in international law, and a legal opinion about the assets of absentee landlords. Both have been submitted to the government and its ministers, and with the establishment of the new committee, it will be submitted to it as well.
The Legal Forum is creating a judge's review website. Below is an abridged example of how a judge's profile will appear on the website. Complete corroborating footnotes have been omitted for lack of space on Arutz Sheva.
Abou Shehadeh Hisham
Ramla Magistrates Court Justice
Official resume (Source: Judicial Authority website)1
Born in 1973 in Israel; 1989 - graduated from the Scottish high school in Jaffa; 1994 - completed a Bachelor Degree in the law faculty of Tel-Aviv University 1994-1995, interned in several law firms
February 1996 - became a certified lawyer 1996-1998 - worked as a lawyer at the Jerusalem Center for Human Rights; 1998 - completed an L.L.M – Master Degree of Laws in the Hebrew University of Jerusalem; 1998-2011 - worked as an independent lawyer
March 2011 - appointed as a Judge in the Magistrates Court of the Central District of Israel
Additional background information
Organizations connected to Judge Abou-Shehadeh (either by recent employment or actions made
on behalf of them):
B’tselem;
Hamoked Center for the Defense of the Individual;
Physicians for Human Rights organization;
The Jerusalem Center for Human Rights;
AVI- Defense for Children International organization (DCI);
Public Defenders Office
Prominent activities as a lawyer
In 1998 lawyer Abou – Shehadeh submitted (along with additional lawyers) an appeal against the local planning and construction committee in Ma’ale Adumim on behalf of the Jerusalem Center of Human Rights, and in the name of 66 residents of Arab Villages from the area. They claimed that according to the plans there are undesignated enclaves in their territories, and as a result these areas have no jurisdiction and any planning possibilities are prevented. Along with Abou-Shehadeh, this appeal was submitted also by: Ihab Abu-Ghosh (who represents the Bir Nabala local council in several procedures), Muhammad Dahla (a private lawyer, former chairman of the “Adalah” organization management, member of the steering committee of the Law Fellows program in the New Israel Found, and a graduate of the program himself, a directorial member in Israel Chemicals Ltd., member of the Bar Associations of Israel and New-York, and a member of the Palestinian committee which examines basic civil rights and prepares the Palestinian Authority’s constitution (with Maryam Sheikh-Suliman, and Muhammad Ayub).
In 2002 represented, on behalf of Hamoked Center for the Defense of the Individual, an Arab individual who was accused of crimes conducted prior to the Oslo agreement, regarding connections with terror organizations.
• In 2003 represented a Canadian citizen who was arrested in Hebron and an arrest warrant was issued against him according to the unlawful combatants’ law. The petition discussed the legality of the law, and claimed it was intended to enable a legal “use” of the detained people as a “bargaining / negotiation card”. The petition was rejected.
• In 2006 Abou-Shehadeh filed an appeal on behalf of Hamoked Center for the Defense of the Individual, over a District court decision regarding the legality of the unlawful combatants imprisoning law, in the name of two Palestinians from the Gaza Strip who are held in Israeli prisons according to this law. The Supreme Court approved the legality of the law and rejected the appeal.
• Represented the Physicians for Human Rights organization in several appeals at the Supreme Court. On an appeal from 2005, which was filed on behalf of a prisoner held under custody in a medical facility of the Israeli Prison Service, they claimed he is entitled for a Kidney transplant.
• In 2001 Abou-Shehadeh filed a petition on behalf of the DCI organization, where it was claimed that the National Insurance Institute of Israel should translate their official forms to Arabic in East Jerusalem, to submit the documentation in Arabic and that the letters received by the Institute should be in Arabic. The petition was rejected in 2008 after the National Insurance Institute committed to comply with these demands.
• Served as a criminal defense attorney.In 2009 represented the people accused of the lynch of Leonid Karp, on behalf of the Public Defenders office (The case involves a murder committed in 2009 by seven teenagers in the Tel-Baruch beach in Tel Aviv, after the victim, his wife and his daughter were attacked.)
He also represented in 2009 a former Shabak (Israel Security Agency) agent, who was accused of assaulting and harassing his girlfriend. The judge took intoconsideration the agents’ involvement in the “Kach” members’ extradition.
Additional information
Resident of Jaffa.
Ed. Note: The Legal Forum’s activities are carried out by volunteer attorneys, legal and financial experts, who act to protect human rights in Israel.