Dear Michele and Nicolas,

It would be more convenient for us to have the conversation at 14:30 Israel time.

Could we possibly schedule it for a half an hour later?

Many thanks,

Talia

 

 

No Problem. we will have a regular conference call tomorrow – 14:00 pm Israel time.

Dial in number from Belgium: 0-800-154-23

Dial in number from Israel: 03-918-0622

Participant code: 04221#

 

Looking forward receiving the memorandum today in order to review it by tomorrow.

 

Vered

 

Vered Shpilman

Attorney

Department of Special International Affairs

Ministry of Justice

State of Israel

Office: + 972 (0)3 763 4284

Veredsh@justice.gov.il

 

 

 

 

 

Dear All

 

I am sorry to say that our VC infrastructure is not available as yet. We should therefore have a conference call.

 

Kind regards

 

Nicolas Angelet

 

 

Dear Michele and Nicolas,

Attached is a table with the relevant information on decisions from across the world that either comment in a positive manner on the Israeli legal system or address the flotilla incident. In addition, we are attaching the document that the quotes in the table are taken from to give you some background information.

Do not hesitate to ask any question regarding the table.

Best regards,

Talia

 

 

Dear Marlene,

 

As indicated by telephone to Ms Shpilman earlier today, I am behind schedule because of server problems the whole of Friday and yesterday afternoon. However, we will provide you with the draft memo in the course of today.

 

We are still checking whether we can have a videoconference. Our meeting rooms have just been refurbished and it is not clear whether the video is in place already.

 

Kind regards

 

Nicolas Angelet

 

 

 

Dear Michele and Nicolas,

 

We would like to have our next conversation on Tuesday at 14:00 (Israel time) to discuss the memorandums that we should receive tomorrow. Please confirm the time and date are convenient.

Also note that we would like to have the meeting using Video-Conference. Please confirm that this is possible and send us the relevant contact information for a VC so we could set it up.

 

We will be inviting our colleagues from the IDF and the Ministry of Foreign Affairs to take part in this conversation as well.

 

As I mentioned before, we are under a great deal of pressure and we are looking forward to receiving the memorandums and the legal research as discussed (see the email attached) by tomorrow. We would appreciate making all the efforts to keep to this time frame

 

Best regards,

 

Marlene

 

 

Dear Marlene,

 

Thank you for your message and the attached information.

 

Kind regards

 

Nicolas

 

 

Dear Nicolas and Michelle:

Thank you for your email. See our initial responses below.

 

We will relay additional information on Sunday and some other documents via separate emails.

 

I would be happy to explain the documents we attached further over the phone, feel free to call me on my cell as our offices are closed today. My cell is 972-50-6217692.

 

Marlene

­­­­­­­­­­­------------------------------------------------------------------------------------------------------------

From: Angelet Nicolas [mailto:n.angelet@liedekerke.com]

Sent: Wednesday, May 10, 2017 8:52 PM

To: Marlene Mazel; HIRSCH Mich?le

Cc: 'Secretariat MH'; FW-ShoshiR; Vered Shpilman; Talya Schein; Van den Bossche Maria-Clara; 'Emmanuelle DEBOUVERIE'; Nathalie Kumps

Subject: Belgian cases - input needed

 

Dear Marlene and All,

 

Further to our conference call of this afternoon, you will find herewith an overview of ‎information needed from our side :

1.                  Israeli Commission that investigated either of the Cast Lead or Flotilla cases : procedural aspects testifying to compliance with fair trial standards (composition of the comission, procédure, etc.) + complaints handled + outcome. The attached document with the Hebrew title is an initial draft of our responses and contains some answers.

 

There are three public reports published on the website of the Ministry of Foreign Affairs – the investigations of IHL in this operation were done entirely within the military and the many of the findings were published as well. The first report contains a description of the Israeli system of investigating IHL, and the administrative review process in the civilian system.  There is even a famous article published by Goldstone, that if he knew at the time of the report what he knew now (after Israeli investigations) – he would have reached a different outcom. The Goldstone commission was also followed by the Tomuschat and the Mary Davis commission – the Mary Davis commission as I recall had some positive comments regarding the Israeli investigations. The three reports are attached.

 

With regard to the flotilla operation, this we investigated by the  Independent Public Commission to Investigate the Maritime Incident. We had sent Michelle significant material regarding the commission, and we are happy to resend. The Commission has a website though I couldn’t find the link right now . The commission investigated directly as I recall over 134 incidents (these were done within the army with the commissions oversight and instruction). We can also send you the appointment letter and mandate of the commission of you need it. There is also a committee vested with authority to implement the findings of the report. http://www.pmo.gov.il/Documents/ReportEng.pdf

 

 

 

2.            Has the olive plantage case been investigated specifically?

There was an initial review by the army and they insufficient information regarding the incident to conduct an examination. It does not seem that the n in Belgium filed a complaint to the Israeli authorities regarding this incident – either to request a criminal investigation or a civil. We tried to identify the plot with three different departments and two agencies using the names of the plaintiffs and their IDs, and they could not locate the plot of land using their electronic records.

 

2.                  Is there evidence in your possession that the Belgian citizen acting as a plaintiff regarding the olive plantage did n‎ot suffer any prejudice? If so, please send it through.

 

We have insufficient information on this – it does not seem that they filed a notice to Israeli authorities that they suffered damage, nor did they exhaust local remedies so we did not have the details to look into it further. After the case was filed in 2010 in Belgium, the MAG had requested the matter be examined, and they could not identify the relevant plot of land.

4.            ‎You told us that your Government has already provided some information to the Belgian authorities. What information exactly?

 

We worked with Michelle to prepare a memo "Regarding the Cast Lead Operation complaint a memorandum titled: "Considerations on the Incompetence of the Belgian Jurisdiction Regarding the Complaint Lodged on June the 23th 2010 with the Federal Prosecutor."

 

Regarding the Flotilla:

1.            A factual background memorandum.

2.            HCJ 4169/10 Cohen v. The Minister of Justice regarding the release of all foreign detainees following the Marmara incident.

3.            Decision of the military courts concerning acts of theft committed by individual soldiers in the flotilla operation.

4.            The decisions establishing the Turkel committee.

5.            The Turkel Report

We need to check this with the MFA and embassy and Michelle should check her records as well. We need to know whether the prosecutor received decisions of other cases filed in other countries that closed on OCL and the Flotilla; consider whether to submit the subsidiarity memorandum, adapted to Belgian law and/or other documents.

It is our understanding, based on Roy's meeting, that the prosecutor is familiar with the first Turkel report.

5.            ‎As discussed, similar complaints ‎have been rejected already in many other countries. It would be of great use if we could argue that in some of these instances, the complaints were rejected because Israel was considered the forum conveniens. If you have a systematic overview of these cases and the reasons why they were rejected, that would spare us a lot of time.

We had sent the flotilla cases to Michelle – we will review all of the cases, including a helpful Spanish decision and send you a case summary and the best quotes of the case in this regard.

Treaty practice between Belgium and Israel evidencing the adequate functioning of the Israeli judiciary and mutual recognition as rule of law countries : we know that there is consistent practice of judicial cooperation‎ and extradition, including in matters of terrorism. Can you provide us with evidence (we have no access thereto)?

Treaty Practice (this is on website of our MFA)

From legal memo:

2.3.1      Israel and Belgium are cosigners of diverse international conventions. Let us cite, for instance, the Convention of the European Council on extradition and the European Convention of reciprocal judiciary assistance in criminal matters. The Israeli and the Belgian authorities collaborate on a regular basis in criminal matters. Israel and Belgium have also signed several bilateral treaties on economical issues. They are both members of the Organization for Economic Cooperation and Development (OECD).

Bilateral Agreements

Air Services/transport

Agreement Between the Government of the State of Israel and the Government of the State of Belgium For Air Services Between And Beyond Their Respective Territories

 

Certificate

Exchange Of Letters Between Israel And Belgium Constituting An Agreement For The Reciprocity In Issuing Free Of Charge And Exemption From Legalization Of Certificates Concerning Registry Of Inhabitants

 

Charges And Tariffs

Exchange Of Letters Between Israel And Belgium Constituting An Agreement For The Reciprocity In Issuing Free Of Charge And Exemption From Legalization Of Certificates Concerning Registry Of Inhabitants

Cinema

Agreement On Co-production Of Films

 

Consular Functions

Exchange Of Notes Between Israel And Belgium Constituting An Agreement On Consular Functions

 

Culture

Cultural Agreement Between The Government Of The State Of Israel And The Government Of Belgium

 

Driving Licence

Exchange Of Letters Between The Government Of The State Of Israel And The Government Of The Kigdom Of Belgium Constituting An Agreement On Reciprocal Recognition Of National Driving Licences

 

Industrial Development

Agreement Between The Government Of The State Of Israel And The Government Of Flanders On Cooperation In The Field Of Research And Development In Industry

 

License

Exchange Of Letters Between The Government Of The State Of Israel And The Government Of The Kigdom Of Belgium Constituting An Agreement On Reciprocal Recognition Of National Driving Licences

 

Official

Exchange Of Notes Constituting An Agreement Between The Government of the State of Israel and the Government of the State of Belgium On Official Publication

 

Public Service

Exchange Of Notes Constituting An Agreement Between The Government of the State of Israel and the Government of the State of Belgium On Official Publication

 

Publications

Exchange Of Notes Constituting An Agreement Between The Government of the State of Israel and the Government of the State of Belgium On Official Publication

 

Regional Arrangements

Exchange Of Letters Between Israel And Belgium Constituting An Agreement For The Reciprocity In Issuing Free Of Charge And Exemption From Legalization Of Certificates Concerning Registry Of Inhabitants

 

Research

Agreement Between The Government Of The State Of Israel And The Government Of Flanders On Cooperation In The Field Of Research And Development In Industry

 

Research And Development (Mop)open

Agreement Between The Government Of The State Of Israel And The Government Of Flanders On Cooperation In The Field Of Research And Development In Industry

 

Social Security

Convention On Social Security Between The Government Of The State Of Israel And The Kingdom Of Belgium

 

Taxes

Convention Between The State Of Israel And The Kingdom Of Belgium For The Avoidance Of Double Taxation With Respect To Taxes On Income And Capital

 

Transport

Agreement Between The Government Of The Kingdom Of Belgium And The Government Of The State Of Israel Regarding International Transportation Of Goods On Roads

 

Visa

Exchange Of Notes Constituting An Agreement Between The Government Of The State Of Israel And The Benelux Countries On The Waiver Of The Visa Requirement

 

Multilateral Agreements

European Convention on Extradition

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents

European Convention on Mutual Assistance in Criminal Matters

Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

International Convention for the Suppression of the Financing of Terrorism

United Nations Convention against Transnational Organized Crime

GENEVA CONDITION OF THE PROTECTION OF WAR VICTIMS OF 12/8/49 - I- GENEVA CONVENTION FOR THE AMELIOATION OF THE CONDITION OF WOUNDED AND SICKIN ARMED FOURES IN THE FIELD OF 12 OUGUST 1949

INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF TERRORIST BOMBINGS

See: http://mfa.gov.il/MFA/AboutTheMinistry/LegalTreaties/Pages/Bilateral-Treaties.aspx

Bilateral Extradition and Cooperation

With regard to extradition, our extradition department explained that we have a strong relationship with Belgium.  Israel ratified the European Treaty on Extradition (1957) in 1967.

 

Throughout the years there has been cooperation between the two countries. For example in case TA 773/71, Pierre Herman Levenberg was declared extraditable to Belgium for the crime of fraud. In another case 610/72, Tel Aviv, Alan Solange extraditable to Belgium for fraud. Also in recent years there has been a close extradition relationship, Israel extradite two suspects to Belgium, Gavriel Barmi in 2013 and moshe Ben Moshe in 2016. Belgium also consent to Israel's request to extradite- a suspect Suissa in 2003 and Weisburg in 2011. There are currently proceedings underway in Belgium regarding Israel's extradition request for the suspect Oded Gaz

 

‎Thank you very much in advance.

 

Kind regards

 

Nicolas

 

 

 

 

 

Envoyé de mon smartphone BlackBerry 10.

 

 

 

 

 

This message is intended for the individual or entity named above and may be protected by the attorney client privilege or work product doctrines.

Unauthorized receipt or dissemination of information contained herein may be a violation of law.

If you are not the intended recipient, please do not read, copy, use or disclose this communication to others. Also please notify the sender by replying to this message and then delete it from your system.

If you or your employer does not consent to Internet e-mails messages of this kind, please advise us immediately.

Liedekerke has taken every reasonable precaution to ensure that any attachment to this e-mail has been swept for viruses. However, we cannot accept liability for any damage sustained as a result of software viruses and would advise that you carry out your own virus checks before opening any attachment.

Thank you.