Tuesday, October 07, 2008

"Moving Past Silence!!"

Arlene Kushner

The issue is Sergei's Courtyard, which is of considerable importance from many aspects.

Sergei's Courtyard is the portion of the Russian Compound in the heart of Jerusalem -- right off Rehov Yaffo -- that is now being transferred to the ownership of the Russian government by the Israeli government. he Russian Compound, which was for many years owned by the USSR, was bought by Israel in 1964. Sergei's Compound was not part of that purchase because it was not owned by the USSR -- it had been owned privately by one Count Sergei. Until just months ago, Sergei's Courtyard was managed by the Israeli Administration for Unclaimed Properties, because the descendants of Count Sergei -- who would have been the inheritors of the property -- could not be located.

Israeli law says that if property remains unclaimed for 15 years, it can be transferred to Israeli ownership, but for a long period of time this was not done. Meanwhile, the government of Russia, expressed a desire to acquire it. This past January, letters were exchanged between Israel and Russia regarding the transfer of ownship of this Courtyard. There was no quid pro quo proposed in the letters: Israel was not demanding anything of Russia, not even a purchase price. The property was to be given as a gift.

In late July, the government went to the court and legally acquired ownership of Sergei's Courtyard. The matter could have stopped there, it was now fully Israeli. But the government had an ulterior motive: This was a step towards transferring it to Russia.

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On Sunday, Olmert brought the issue before the Cabinet, which approved the transfer.

Olmert is now on his way to Russia. There he will discussing issues of the greatest import: Russia's possible willingness to sell arms to Syria and Russia's lack of cooperation with regard to sanctions

At the same time, Olmert will be symbolically making the gift to the Russian government of the Courtyard -- symbolically, because the deal is already done for all practical purposes.

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The Legal Forum for the Land of Israel, greatly disturbed about what is going on, took two actions:

One, it wrote to Attorney General Menachem Mazuz, protesting that Olmert's government, as a transition government with limited powers, should not be permitted to do this. As of this writing, Mazuz has not responded to the Forum.

Two, it registered a brief with the High Court requesting that this be stopped. The Court will hold a hearing after Olmert has already gone to Russia. Legally, according to Forum lawyers, it is possible for the Court to say that the transfer was invalid. But it is considered highly unlikely that this will happen.

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A note as this goes out: There is some news that the Municipality of Jerusalem is objecting to this action, but where this will lead is unclear.

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Very often we hear that Israelis are passive and will not respond to any political situation with an outcry. This is the silence that cannot be acceptable any longer. And here is an opportunity to make your voices heard.

This is not a case of crying out to change things (hopefully there will be many times for this), but to protest as loudly as possible a situation that is not acceptable. The offending parties in the government have to hear from the people.

Where there is silence, the message is delivered to the parties in the government that no one is watching and they can get away with whatever they please. NOW is the time to start delivering another message.

No time to be defeated! No time for cynicism or passivity!

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There are several reasons why this is an unacceptable situation:

* It is a form of appeasement. Olmert has indicated that he hopes this will help convince Russia not to arm Syria and to work towards blocking Iran from going nuclear. This is laughable, and makes a joke of Israel. It weakens us, as appeasment never works.
* It provides a government that is not a friend with a foothold in the heart of our capital. This is totally unacceptable. When the USSR formerly owned the Russian Compound, the KBG was located there.
* It sets a horrendous precendent. Israeli land is Israeli land. We are not the Ottoman Empire, to be divided up between various international parties. Other entities -- in particular the Orthodox Church -- will be demanding land that was formerly theirs. And this is at a particularly sensitive time with regard to the unity of Jerusalem!

With all of this, there is still another reason: The government of Israel doesn't play by the rules. It proceeds as it wishes and manages to get away with it. If nothing else, a transition government is restricted in its ability to act -- it is to behave with restraint, doing only what is necessary to keep the country going and taking no action that will bind its successors to an agreement that need not be made immediately. In this case, as in many others, the Court turns a blind eye, as does the Attorney General.

This is painful to discuss. But it must be discussed. And protested.

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This appeal is to Israeli citizens (others, keep reading). This is an Israeli issue and must be addressed by each of you. Please contact the persons listed below and register your protest, briefly and clearly -- as citizens.

Then forward this message to everyone else you can think of inside of Israel who might respond. Either copy this and paste into a new e-mail text. Or hit "forward" for this message and clean it up, eliminating all the "forward" information. Where it is appropriate, translate this into Hebrew, or French, or Russian, before sending it on.

Those outside of Israel: Please, following the same technique, send this to everyone you know inside of Israel -- friends, relatives, business acquaintances -- who might respond.

Numbers will make the difference.

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Keep in mind that faxes are the most effective means of getting your message across, and e-mails are the least effective.

Send to:

Foreign Minister Tzipi Livni, because she is head of Kadima now and has to get the message from the people loud and clear.

Phone: 02-530-3531 or 02-675-3285 Fax: 02-675-3792 E-mail: zlivni@knesset.gov.il
Aide: 050-620-3010

_________

MK Binyamin Netanyahu, head of Likud, because he is leader of the opposition and he needs to know that people expect him to take a strong stand.

Phone: 03-606-8000 or 02-640-8456 Fax: 02-649-6659 E-Mail: bnetanyahu@knesset.gov.il
Aide: 050-200-2004

_________

Minister of Industry and Trade Eli Yishai, head of the Shas faction, because he always tells us that Shas is concerned about the status of Jerusalem and he needs to know we want him to be serious about this.

Phone:02-666-2252 or 02-6408406/7 Fax: 02-666-2909 E-mail: eyishay@knesset.gov.il
Aide: 050-400-5080
_________

Transportation Minister Shaul Mofaz of Kadima, because he is disgruntled now, knowing well how unfair things can be, and just might be ready to hear concerns of the people.

Phone: 02-666-3004 or 02-649-6115 Fax: 02-649-6421 E-mail: shaulm@knesset.gov.il
Aide: 050-623-0294
___________

Attorney General Menachem Mazuz, who had it within his capacity to stop this and should have stopped it on legal grounds, as the current government is a transitional government with limited powers.

Phone: 02-646-6521/2 Fax: 02-646-7001

Can also be reached via Moshe Cohen, spokesman for the Justice Department.


Phone: 02-646-6487/363 Fax: 02-646-6722 Cell: 050-621-7077

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