Latest news with #HighCourtofJustice
Yahoo
9 hours ago
- Politics
- Yahoo
A-G: Gov't dismissal of chief prosecutor while PM on criminal trial is illegal
The government is slated today to push through a final vote to dismiss Baharav-Miara. What will likely happen next is that the High Court of Justice will provide a judicial review of the decision. The way that the government has gone about dismissing Attorney-General Gali Baharav-Miara is against the law, riddled with disingenuous political motivations, and a glaring red flag for the future of the role, its independence, and the rule of law, the A-G said on Monday, ahead of the expected final vote to seal her dismissal. Baharav-Miara pointed out that this aggressively fast dismissal process could not be divorced from the challenge that the government is currently facing: coalition cohesion. Undermining this cohesion are issues pertaining, for example, to the draft-exemption law, faulty cases concerning political intervention in law enforcement, sectoral budgets that do not align with the law, and political appointments made based on personal connections, not merit, she continued. As for the firing process of Baharav-Miara, High Court Deputy Chief Justice Noam Sohlberg ruled in July, following petitions against the decision, that this will require judicial review and will not come into effect immediately. In essence, Sohlberg's ruling cooled down some of the intense flames surrounding the unprecedented move against the person serving both as the chief legal adviser to the government and as its head of prosecution. Sohlberg's compromise on timing opens the door to petitions against the decision. Soon after the news broke of the committee's decision, the Movement for Quality Government in Israel, for one, petitioned to challenge it in court. In all probability, petitioners will also request that the court issue an injunction against the decision, effectively stopping it from taking immediate effect. Dismissing her is 'the removal of one of the main and last checks that existed in Israeli jurisprudence on the power of the government,' Baharav-Miara wrote on Monday. In her sharply-worded letter, the A-G surmised that the reasons provided by Justice Minister Yariv Levin in his insistence on her dismissal indicate that he is looking for an attorney-general 'who will simply obey the government and legalize its intended violations of the law.' Levin, for instance, is seeking to make it possible 'for eligible haredi (ultra-Orthodox) men to avoid being drafted into the military,' as well as allowing for 'political interference in police matters,' she continued. Not only that, but in dismissing and replacing the A-G, the government is directly challenging her as the chief prosecutor in the cases against Prime Minister Benjamin Netanyahu or other ministers. These cases may be affected by the dismissal, she wrote. The government has stated time and again that the working relationship between it and the legal advisory has become so strained that it is impossible to continue like this; replacing Baharav-Miara is the only possible solution. Opponents view the move as aggressive and drastic, as well as dangerous in rendering powerless one of the last remaining checks on the government's power. The current legal protocol for hiring or dismissing an attorney-general was codified in the year 2000, following the Shamgar Commission and the Bar-On-Hebron affair. The conditions assume that a hiring or dismissal could happen relatively quickly to avoid leaving the post vacant. In January 1997, lawyer Roni Bar-On was appointed attorney-general by Prime Minister Benjamin Netanyahu. He was not qualified for the position and resigned two days later after public and political outrage. About a week later, it was revealed that Bar-On's appointment was part of a deal between Netanyahu and Shas head Arye Deri, who was then the internal security minister, to advance a plea bargain in Deri's corruption trial. Deri pushed for the appointment in exchange for his party's support of the controversial Hebron Agreement for the withdrawal of IDF forces from some parts of the city. He was later indicted and was barred from politics for a decade. Deri was later indicted and was barred from politics for a decade The Shamgar Commission was then created to establish the criteria for a committee that would ensure this would not happen again. Today, there is the public-professional committee, which must approve the candidate and provide the government with recommendations before any decision is made on the matter. Levin, however, failed to fill in all the necessary positions. The panel should be made up of a retired Supreme Court justice as chairperson, appointed by the Supreme Court president and by the approval of the justice minister; a former justice minister or attorney-general, chosen by the government; an MK, selected by the Knesset's Constitution, Law, and Justice Committee; a lawyer, determined by the Israel Bar Association; and a legal academic, chosen by the deans of the law faculties. BAHARAV-MIARA noted on Monday that the decision ensures that there will be no objective third-party weighing in on the matter. Moreover, she said, the decision itself contradicts Israeli legal precedence, has no factual or legal support, was rushed and not thorough, and effectively erases and ignores everything studied and gleaned from the Bar-On-Hebron affair. 'After the government failed to staff the committee based on the accepted and precedented protocols, it simply moved to change them in a hasty and faulty method,' wrote the A-G. 'What is so dangerous about this method is that it grants complete political control over the process. From now on, any government will be able to dismiss any attorney-general with a simple ministerial committee vote,' she said. 'Without any checks and balances or a filtering system against foreign influences over a process that must remain objective and not bend to the vision of any one government,' Baharav-Miara continued, 'the government will, in this, be operating against the law.' The government wrote last month in its position, penned by Levin and by Diaspora Affairs and Combating Antisemitism Minister Amichai Chikli (Likud) – who chairs the selection committee – that it could fill the positions for this panel because all relevant former attorneys-general and justice ministers opposed the government's decision. This decision will affect the corpus of the role itself, Baharav-Miara wrote, changing it from an objective, merit-based role to one that is dependent on loyalty to the sitting government. In Israel, the legislative and executive branches of the government are not truly split. The parliament (Knesset), which is the legislative branch, has 120 permanent members elected by proportional representation, while the government, which is the executive branch, is comprised of ministers. All these ministers, including the premier, are typically also MKs. Further, members of the executive branch are part of the legislature, and the executive constantly depends on Knesset support to manifest its policies. This is the basis for the argument for a strong judiciary, including the legal advisory. As mentioned, proponents argue that the work relationship between the legal advisory and the government has become alarmingly unproductive, necessitating the A-G's dismissal. Furthermore, they claim that, over the years, the legal advisory has usurped more power than it should have, and that the Shamgar Commission conditioned the hiring and dismissal of an A-G on its timeliness. In other words, the process should be efficient and flow smoothly. Baharav-Miara addressed this point by saying that the commission was not faced with the situation where the sitting prime minister was knee-deep in a criminal trial. What her dismissal means in this case, the A-G wrote, is an attempt to replace the chief prosecutor against a prime minister who is under trial, right in the middle of the cross-examination section of the proceedings. This points to 'a clear and alarming conflict of interest by the government toward the A-G,' Baharav-Miara said. Solve the daily Crossword
Yahoo
2 days ago
- Politics
- Yahoo
Nahal Oz petitions High Court against gov't decision to repopulate Gaza border communities
The June decision came following military estimates that 'there is no immediate security threat' to civilians living so close to the Gaza Strip. The government's decision to repopulate some of the Gaza border communities while the Israel-Hamas War rages on and 50 hostages remain in Hamas captivity is not appropriate and should be reversed to allow the communities agency in the matter, Kibbutz Nahal Oz said in a petition it submitted to the High Court of Justice on Monday. The government's decision, which passed in June, came following military estimates that 'there is no immediate security threat' to civilians living near the Gaza Strip. Nahal Oz was one of 12 towns cleared for repopulation at the time. In response, the Hostages and Missing Families Forum had said, 'If, security-wise, there is no reason as to why one should not go back to living in the Gaza border communities, then there is no reason for the Israel-Gaza war to continue.' On Monday, Nahal Oz said, 'As long as there is a war in Gaza and hostages are being held captive in Hamas's torture tunnels, it is impossible to live a normal life 800 meters from the border fence.' It added that it felt it was left with no choice but to petition the court after sensing that the government was not meeting its needs. Omri Miran, from Kibbutz Nahal Oz, is still being held in Hamas captivity. Lishay Miran Lavi, his wife, is one of the 120 signatories to the petition. Kibbutz Nahal Oz devastated by October 7 massacre Nahal Oz is geographically the closest to the Palestinian enclave, and on October 7, terrorists led by Hamas attacked the kibbutz for hours on end. Fifteen residents were killed and eight people were taken captive, out of the larger tally of 251 kidnapped on that day. 'The petition reflects the desire everyone in Nahal Oz has to return to a life of productivity and growth. The first step toward that end goal cannot be forceful. Residents should be given the agency to decide when and how to return to their ruined homes to rebuild,' said the kibbutz. The petition calls to extend the temporary residency conditions for the kibbutz members (they were evacuated after the attacks) until the war in Gaza ends, 'given the kibbutz's close proximity to operative locations in northern Gaza, as well as the collective trauma that the residents carry,' the kibbutz added. Other signatories included Gali Idan, the widow of Tsachi Idan, who was kidnapped on October 7 and killed in captivity, and also the mother of 18-year-old Maayan, who was killed on October 7. Yehuda and Nurit Fiorentino, the parents of Ilan, who was the chief security officer for the kibbutz and was killed on October 7, also signed the petition. Solve the daily Crossword
Toronto Star
3 days ago
- Business
- Toronto Star
Dundee Precious Metals Announces Satisfaction of Bosnian Competition Council Condition for Acquisition of Adriatic Metals
TORONTO, Aug. 06, 2025 (GLOBE NEWSWIRE) — Dundee Precious Metals Inc. (TSX: DPM) ('DPM') is pleased to report that the condition to the proposed acquisition by DPM of Adriatic Metals plc ('Adriatic'), previously announced on June 13, 2025 (the 'Transaction') with respect to receiving the approval of the Transaction by the Competition Council of Bosnia and Herzegovina in accordance with the Bosnian Competition Act has now been satisfied. The parties are able to proceed with the Transaction subject to obtaining all applicable shareholder approvals and the approval of the High Court of Justice in England and Wales, the delivery of a copy of the High Court of Justice's order to the Registrar of Companies in England and Wales and satisfying all other conditions. In connection with the upcoming special meeting of shareholders to be held on August 13, 2025, DPM shareholders are encouraged to read the management information circular included in the meeting materials previously mailed to DPM shareholders and cast their vote with respect to the Share Issuance Resolution. The board of directors of DPM (the 'DPM Board') has been advised by BMO Capital Markets as to the financial terms of the Transaction and considers the Transaction to be in the best interest of DPM and fair to DPM from a financial point of view. The DPM Board recommends that DPM shareholders vote FOR the resolution of the DPM shareholders to approve the issuance of DPM common shares in the Transaction at the meeting (the 'Share Issuance Resolution').
LeMonde
4 days ago
- Politics
- LeMonde
Israeli court suspends move to dismiss AG, vocal critic of Netanyahu
The Israeli cabinet voted unanimously on Monday, August 4, to dismiss Attorney General Gali Baharav-Miara, a vocal critic of Prime Minister Benjamin Netanyahu, only for a court to immediately suspend the move. Justice Minister Yariv Levin announced the cabinet's decision and addressed a letter to Baharav-Miara saying she "should not try to impose herself on a government that has no trust in her and cannot work with her effectively". Immediately after the decision, however, opposition party Yesh Atid and activist groups filed urgent petitions to Israel's High Court of Justice seeking to halt the dismissal. In response, the court issued an injunction suspending the decision and preventing the government from appointing a substitute. It announced it would hear further petitions against the sacking in the following 30 days. Baharav-Miara has been at loggerheads with the government since it took office, challenging the legality of some of Netanyahu's decisions, most recently his attempt in May to fire the head of the Shin Bet security agency, Ronen Bar. Bar's agency has been conducting an investigation into illicit payments from Qatar to some of Netanyahu's close aides, a case known in the Israeli press as "Qatargate". His firing has been viewed as a political move.
UPI
5 days ago
- Politics
- UPI
Israel's cabinet votes to fire attorney general prosecuting Netanyahu
Aug. 4 (UPI) -- Israel Prime Minister's Benjamin Netanyahu's cabinet on Monday unanimously voted to fire Attorney General Gali Baharav-Miari, who is prosecuting the country's leader, prompting demonstrators to protest the decision in Jerusalem. This is the first time the Israeli government fired an attorney general in the 78-year history of the Jewish state. In February 2022, the government unanimously approved her appointment, the first woman to serve in the role. The dismissal is on hold because of a injunction by the High Court of Justice. The judges have ruled that they must first decide on the legality amid pending petitions by government watchdog groups and the attorney general. Haaretz reported the court is likely to strike it down because the rules were changed during the process. "The government has just unanimously approved the proposal of Deputy Prime Minister and Minister of Justice Yariv Levin to immediately terminate the tenure of Attorney General Gali Baharav-Miara," according to a spokesperson for. In March, Levin sought to remove her, which led to a legal challenge and opposition among Israeli residents. Netanyahu, who didn't take part in the vote, has accused Baharav-Miari of abusing her power to undermine his policies and endanger the nation's rule of law. She also is accused of blocking the firing of Israel's domestic security agency. In Israel, the attorney general is not a political appointment and serves as the government's legal adviser and public watchdog. Baharav-Miari, in a letter to the minister, wrote that "through new rules to designed to ensure a desire outcome," the chief prosecutor in the case against Netanyahu is being dismissed. "From now on, the government will be able to fire any attorney general -- the state's top prosecutor -- without any oversight mechanisms, and even on improper grounds," she wrote. "For example, in retaliation for warning against illegal actions, ordering an investigation of a minister, refusing to halt a criminal case against a government member, or as part of a political deal. "This is deeply troubling in general, and especially so given that dismissing the attorney general and appointing a replacement could influence the prime minister's criminal trial and ongoing investigations involving other ministers and associates." The existing law requires the vote of the professional committee that initially approved her to agree to fire her. Instead, the cabinet established a new committee, which summoned her for a hearing. She refused calling the panel "corrupt and illegitimate." Senior government officials were offering a compromise: she would step down voluntarily and choose her successor, Haaretz reported. But she is unlikely to agree to this, Haaretz reported. "This conduct undermines the guarantees of independence and integrity across the entire civil service, especially for gatekeepers, and causes both immediate and cumulative harm," she said last week. Netanyahu was indicted in November 2019 for charges that include bribery, fraud and breach of trust, including allegedly accepting $200,000 in gifts from wealthy businessmen for favorable media coverage. The trial began in May 2020. The prosecution rested its case in July 2024. The defense's case has been continually delayed. Protesters appeared outside the prime minister's Office, waving Israeli flags, and holding signs and posters. Democrats party chairman Yair Golan said the cabinet meeting took place "as our hostages are dying in the tunnels, as Israeli society is tearing itself apart." He said "the Israeli government in these difficult times is only busy with itself." U.S. President Donald Trump has called for the cancellation of the trial, drawing parallels to his trial, calling it a "witch hunt" and "travesty of justice." Also Monday, about 600 former Israeli security officials urged Trump to pressure Israel to end the war against Hamas in Gaza. The open letter reads: "Your credibility with the vast majority of Israelis augments your ability to steer prime minister Netanyahu and his government in the right direction: end the war, return the hostages, stop the suffering." Hamas attacked Israel on Oct. 7, 2003, with 1,200 Israelis, mainly civilians, initially killed with 251 abducted and an estimate 50 remain, including 33 presumed dead. More than 60,900 Palestinians, including more than half women and children, have died according to the Hamas-controlled Gaza Health Ministry. Israelis rally for release of hostages
