Friday, February 16, 2007

Land Owners Right To Defend Property With Force


A new draft bill proposing that land owners who take physical action to defend against intruders on their property not be subjectable to prosecution self-defense passed a first reading in the Knesset on Wednesday.

Inspired by the ordeal of a southern farmer who shot and killed Bedouin criminals he caught on his farm last month, former Agriculture Minister and Likud MK Yisrael Katz described his draft bill as "revolutionary."

"This is one of the most significant civil revolutions in years," Katz said of his bill which was passed by a 37-19 vote. The bill needs to pass second and third votes to become law.

Shai Dromi fired at Khaled al-Atrash and Ayoub al-Hawashleh who broke into his Negev farm in late January. Dromi was charged with manslaughter for the killing of al-Atrash.

Al-Hawashleh was injured and was indicted for attempted burglary upon recovering from his injuries.

The incident split the country into supporters and opponents of changing the laws to protect land owners by giving them legal protection should they choose to take physical action against intruders.

'Absurd'
Citing a similar law in the United States, farmers and other groups argue that such law will make burglars think twice before breaking into private property.

Civil rights group however say the bill will be interpreted as a "license to kill" by armed land owners and violates the legal rights of burglars whom they say should be tried in court instead of being executed at the scene of their crimes.

"The Knesset is telling citizens: we trust your judgment and allow you to protect yourselves from those who break into your homes," Katz said who collected the signature of 100 local authority leaders and mayors in favor of the bill.

"Under the current law, one can not really and practically defend his home," he said. "Even women who are attacked at home can not protect themselves automatically."

Although the government has yet to make clear its official position on the issue, the newly-appointed Justice Minister Daniel Friedmann criticized the state's failure in cracking down on crime and protecting its citizens.

"Israeli governments are not providing their citizens with the protection from criminals as they deserve," Friedmann said.

Minister-without-portfolio Yitzhak Cohen of Shas described the bill as absurd. "What happens if a hungry boy breaks into a bakery to eat bread? According to the law his sentence is death. That's absurd," he said.

Israel Insider

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