/EINPresswire.com/There is no peace in the Holy Land because the Palestinian Authority and Israel government do not negotiate and each party preconditions for entering direct talks. In such situation it is necessary to think “out of the box”. In the website HarHoma.com/Confederation can be found a challenging solution: “The way to bring peace to the Middle East to establish a confederation which will include a Palestinian state in the West Bank and Gaza Strip, the State of Israel and the Kingdom of Jordan.” There we found black on white a draft of confederation agreement and guideline for Middle East common market. People from all nations can comment on it and suggest modification. In many negotiations party didn’t meet in office or prestigious hotel. They exchange drafts and arrived to agreement also if they didn’t sympathies each other. The question remains if the international communities, during the discussing the sovereignty of Palestinian, will oblige the party to exchange drafts or to comment on the draft already presented in the web.
There is also no justice in the Holy Land because Israel supreme Judge Yoram Danziger sits in an appeal of Makor Company against Israel Land Authority (ILA) when Judge Danziger had financial interest and severe dispute with the same ILA, at the same time, in the same court about land that he leased from ILA. He was in conflict of interest and didn’t disclose his interest to Makor. Here the details based on documents.
Makor Company has purchased in 1970 a large tract of land in Har Homa (Jabal Abu Ghneim) in Jerusalem from its owners. Makor Company wanted to develop residential housing on theirs portion and leave Palestinian owners to build on theirs. The company even planned to build on theirs land a Peace Center where people of different religions and nationalities could work together toward a peaceful relationship. In 1989, Makor and the Jerusalem Development Authority (JDA) (fully control by the government and the municipality) signed an agreement on developing the residential quarter. The JDA submitted zoning plans to the Jerusalem District Planning Committee (JDPC) before expropriation. Makor was sure that their vision was close to be realized.
However, the ILA rescinded the agreement between Makor and JDA, the zoning plans submitted to JDPC and confiscated in 1991 all Makor and Palestinian land, claiming that it needed to develop a larger area for immediate security reason. Such claim was false because during the last 20 Years the ILA sold to contractors only land purchase by Makor. As stated on one of Makor’s websites, harhoma.com, “The question has never been to build or not to build. The question is should the owners build, or should the land be expropriated and given to government-designated builders. In 1991 the Government of Israel made use of Land Expropriation Law 1943, which is intended for land expropriations for public purposes, such as military bases, hospitals, etc. The law was not intended for seizing lands from enterprise companies….”
Makor, the Palestinians land owners and Pease Now Movement, protest the confiscation and suggest to leave each owner to build on his land. No doubted that the confiscation trampled cooperation between Israeli Jews and Palestinians who were ready to live side by side. The result is that the Israeli government ignored advantages to leave the land owners to develop the quarter and causing a huge international uproar and eliciting Palestinian.
After the expropriation became final Makor present a claim for just compensation. Makor brought thirteen expert witnesses – among them: prof. Zvi Eckstein, Deputy Governor of the Bank of Israel, Prof. Israel Zang, Vice Rector of Tel Aviv University, Prof Shemuel Zamir of Hebrew Univercity, prof. Shemuel Kandel from Tel Aviv University and architect Prof. Ram Carmi, Israel Prize Laureate, who testifided on the nature of Makor land and on the planning he and his team prepare and submit to JDPC, four appraisals and economists – who appraised the land at $600 per square meter. Judge Danziger ignores the contract with JDA and all thirteen experts of Makor. He rejects the appeal despite the fact that six Supreme Judges decided that Makor has presented plans to build a neighborhood and despite the fact that ILA declared that Makor has had an advantage comparing with neighbors land. He rejects the appeal based on one government employee witness who valued it at $25 per square meter. He compare parcel of 200 square meter with Makor parcel of 800,000 square meter; and ignore that the ILA leased an agriculture land near Makor land for $1,800 per square meter. He didn’t use other valuation approaches.
Makor found out that Judge Danziger had his own dispute with the same ILA, at the same time, in the same court about land that he leased from ILA. The ILA cancel the lease and Danziger ask for compensation estimated $20 million.
Danziger Knew that the probability to win his appeal was very low after his case was totally rejected by the Tel-Aviv district court. By rejecting Makor’s appeal for $320 million he expects to receive in return from ILA compensate estimated $20 million. The judge Danziger failed to recuse himself from Makor’s case even though he himself had a similar dispute and case pending against the same ILA.
Makor, by prof. in law, Berachyahu Lifshitz from Jerusalem Hebrew University, appealed to Dorit Beinish, President of the Supreme Court, alleging bias by Justice Danziger, and asked her to void the verdict. Beinish ruled against Makor, stating – based on Danziger comment – “The proceedings of the appeal before me and the matter to which Judge Danziger is a party have no relationship, let alone the kind of relationship that may found a fear of partiality.” But the law and the Israeli Code of Ethics for Judges passed by beinish on 2007 require recusal when the judge has a substantial financial or personal interest in “a party to the proceedings.”
Makor present a criminal complaint to the General Attorney Yehuda Vienstein again Judge Danziger. Danziger conflict of interest damages the integrity of the Israeli legal system unless it will be investigated by the police to arrive to decision if he commits a crime when he abuse maliciously his power as Judge and sit in case when he has finance interest in the opposite party. In less severe cases it was considered – not only as conflict of interest and breach of trust – but also as bribe. In those cases public servants were charged and found guilty by the Israel Supreme court.
Israel prides itself on being a country of justice. Prof. Aharon Barak, former President of Israel Supreme Court state: “…the judge has neither sword nor purse…”. Today, given the precedent established by Judge Danziger, everyone can say without hesitation that the Israel Supreme Judge has a purse and also a sword. Judge appropriate measures are not pure anymore, wherever they were stained with a judge’s financial interests in a party. His behavior affected the judge’s integrity. The prosecution’s duty is to require a judge to respect the law and certain principles. If the crime was committed, to prosecute him.
No such precedent was found where a judge sat in court and writes judgment when he has financial interest and/or has a dispute with one of the parties. Judge Danziger precedent destroys the Israeli judicial system built in 60 years and presents it as the most dishonest, dangerous, crooked and corrupt legal system of any developed nation. Many Israeli layers encourage Makor to fight against Judge conflict of interest buy refuse to represent Makor for obvious reason. Makor hope that the international institutes that fight corruption will interfere and will not remain indifferent. Makor believe that the world will be watching to see if Israeli authorities correct this apparent miscarriage of justice and restore the Israeli judiciary.
The present complaint is related to the investigation already began against Judge Danziger by the police according to permission received from the Attorney General. He already was interrogated under caution about his relationship with Bat Yam Mayor Shlomo Lahiani. (http://www.haaretz.com/print-edition/news/justice-yoram-danziger-interrogated-under-caution-1.377023 ).
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Contact: David Myr, CEO
Makor Issues and Rights Ltd.
17 balfour st, Jerusalem, Israel 92102
tel: 972 2 673 4913, cell: 972 544 237187, fax: 972 2 673 4859
email: makor@optimization.co.il
www.optimization.co.il;
www.HarHoma.com/Confederation