כ"ב חשון התשפ"ה
23.11.2024

Who wishes to withhold judgment against the Waqf?

Itamar Ben-Gvir was harassed on the Temple Mount by the Waqf and demanded justice: who sought to delay the verdict?

Who wishes to withhold judgment against the Waqf?
קובי הר צבי

In an unprecedented move the state prosecution seeks to delay a judgment in default of defense against the Waqf, as part of a lawsuit filed by lawyer Itamar Ben Gvir.

In September, Ben Gvir arrived on the Temple Mount and as a routine procedure was followed by the Waqf, as was done for all Jews arriving at the mount.

At one point, they also shouted against the Jewish people, and Ben Gvir answered the call "Am Israel Chai". The police detained Ben Gvir who was indeed released a short time later, but the next day asked to expel him from the Temple Mount for 15 days.

Jerusalem Magistrate's Court rejected the request of the police and the judge ruled that Ben Gvir did not commit a crime, but the lawyer was not satisfied and filed a lawsuit against police for false detention, against the officer Nitzan Douanis, who ordered his expulsion from the Temple Mount and against the organization Waqf for breach of the Privacy Act when it was claimed that it is forbidden for the organization to follow and spy on citizens of Israel.

The police and officer Nitzan Douanis filed a statement of defense through the prosecution, but Waqf organization declined to do so, and in recent weeks lawyer Ben Gvir filed a motion for a judgment in default of defense against the Waqf.

The senior registrar Sigal Elbo, asked Ben Gvir to present a Pesikta for the signature but suddenly a document was urgently submitted by the Jerusalem District Attorney and the court was asked by Senior Deputy Attorney at the District of Jerusalem Lior Sakbarer, to wait with the judgment until the state will check whether the Waqf is the right claimant.

Attorney Ben Gvir responded sharply, saying that apart from the fact that the state has no authority to apply on behalf of the Waqf who did not submit a statement of defense, the state's request has no legal basis, and indeed the senior registrar ordered the state to explain what the legal basis at the request of the State is to oppose a ruling against the Waqf.

Sources noted that the case came to the Prime Minister and the Foreign Office where they are considering the possibility of political implications of a judgment against the Waqf.

"It's a scandal that the Prosecutors' Office acts contrary to the public interest and seeks to protect the organization which seeks to erase the Jewish control of Jerusalem and does not recognize the court at all," Attorney Itamar Ben Gvir responds. "Not only is there no legal basis for the Prosecution to do so and it has no power of attorney from the Waqf, but also it has no moral authority to act as it seeks to, I do not understand how the PMO actually strengthens the Waqf, and try to allow them to ignore the court and the State of Israel".

Jerusalem District Attorney's office said that "the State Attorney's Office does not represent the Waqf, only the State of Israel. When an application was submitted for granting a judgment in default of defense against the Waqf, the State asked to examine whether it has a position on the matter before verdict. This test is not yet over".
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