By Moshe Feiglin
10 Adar, 5772 (March 4, '12)
Ma'ariv's NRG website
is impossible not to make the connection between the intentional running
over of the policeman this Friday night by an Arab car thief and between the
Shachar Mizrachi story.
A number of years ago, police officer Shachar Mizrachi felt that his life
was in danger when an Arab car thief attempted to run him over. Mizrachi
shot and killed his attacker and was sentenced by the court to 15 months of
imprisonment. He appealed to the High Court – and the justices, headed by
Chief Justice Dorit Beinish, doubled his sentence to 30 months.
The police officers who tried to arrest the Arab car thief threatening to
run them over this Friday night remembered the Shachar Mizrachi precedent
well. Not one of them wanted to end his career in jail. One officer was run
over, smashed against the windshield, thrown into the air and seriously
injured. I do not know the implications of the police officer's injuries:
Will he remain crippled his entire life? That is probable. It is not easy to
bounce back from such severe injuries. It is Beinish and the justices who
added their votes to the Mizrachi verdict who are responsible for the
cheapening of the lives of the police officers.
It is not only the police – it is also our soldiers. The High Court rulings
on the procedure for arresting a suspect make it extremely difficult to take
a suspect by surprise. This has made the lives of our soldiers cheaper than
those of the enemies of our state.
Remember the law proposed by MK Yariv Levin that would require a Knesset
hearing for all High Court candidates? It was buried by the Prime Minister.
The law dictates that the public's representatives, who more or less
proportionally represent the spectrum of views in Israeli society as they
were expressed in the elections, would ask the candidates various questions.
What do you think would be the fate of a candidate who, when asked if he/she
considers it legal for a police officer or soldier who feels a direct threat
on his life to shoot to eliminate the threat, would answer that they have no
such right? Would that candidate advance past the hearing? If Justice Jubran
(ed: who, last week refused to sing the national anthem at an official state
event) would be asked if he would be singing 'Hatikvah" at official
ceremonies and he would answer in the negative, would he progress past the
representatives of the voters?
It is impossible to escape the feeling that the disconnection between the
judges and society eventually engenders legal decisions that express scorn
for the lives of Israel's citizens.
We can certainly hope that the Hearing Law will be brought up once again for
Knesset approval. New Chief Justice Grunis has a more modest approach to the
role of the High Court, but this is still far from solving the root of the
problem: The strongest system in Israel – the system that appoints itself
and is not subject to public scrutiny – cannot hinge on the integrity of one
The fundamental problem is the complete disconnect between the High Court
justices and society. It will not be solved by changing the Chief Justice.
The status of the High Court will continue to suffer until the public feels
that the body that is supposed to protect it truly represents society and
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