Jun 5, 2008
suing the Waqf update
Here is the most recent update emailed to the group:
As you will no doubt recall, on 10/1107 Shurat HaDin - Israel Law Center filed a private civil criminal action against the Islamic Waqf on behalf of more than 150 Israeli citizens, indicting the Waqf members for the illegal bulldozing and destruction of Jewish artifacts being carried out under their auspices on the Temple Mount. The Waqf seeks to eradicate all evidence of Israel's ancient connection to this holy site and re-write Jerusalem's history. It is nothing less than a religious, cultural and archaeological crime against the world Jewish community. We are seeking to imprison the Waqf's leaders.
In the past month, we were notified by the State Attorney General that he is halting our private prosecution on the grounds that an issue with such broad public implications and interest cannot be prosecuted by private citizens. In essence the Attorney General refuses, out of fear of the international response, to prosecute these Islamic extremists and he wants to obstruct Shurat HaDin from undertaking the litigation ourselves.
Prior to his decision to obstruct the litigation, we at Shurat HaDin argued that the Attorney General's motives in this case were not of a pure legal nature and, thus, his office should step aside completely and not involve itself in the process. Now, after we have received the official decision in which he has formally asserted his determination to block our private prosecution, Shurat HaDin has decided to turn to the High Court of Justice (Bagatz) with a petition that the Attorney General be compelled by the High Court to either prosecute the case himself or step aside and allow us to continue with our legal case as provided for by the law.
We contend that the Attorney General is not coming to the table with "clean hands," but rather, while concerned with narrow political interests. We allege that the Attorney General has a political agenda and political considerations, rather than purely legal ones. The Attorney General is simply too afraid of the Arab states, the European Union, the UN and United States State Department to legally defend Jerusalem.
If the Attorney General's office does not have the courage to take criminal action against the Waqf itself, then it must stand aside and permit others to pursue this just case.
The brief was filed in the Supreme Court in Jerusalem on Yom Yerushalayim, Monday June 2, 2008.
If you have any additional questions you can email me directly.
Best wishes for continued success,