Last update - 00:00 13/12/2006
High Court rejects petitions over route of separation fence in Jerusalem
By Yuval Yoaz, Haaretz Correspondent
The High Court of Justice on Wednesday rejected petitions against the route of the separation fence in north Jerusalem, ruling that the disruption caused to local residents was "proportionate" in countering the terror threat in the area.
The petitions, which dealt with the fence route in the area of the East Jerusalem villages of A-Ram and Dahiyat Al-Bareed, were rejected by a vote of 6 to 1.
Justice Miriam Naor asked for the panel to uphold a petition by the residents of the East Jerusalem village of Dahiyat Al-Bareed, where the fence cuts through a central neighborhood.
"Defense of the city from murderous acts of terror is a security need of the highest order," ruled the panel of justices, headed by former Supreme Court president Aharon Barak.
"We found no reason to believe that the fence is intended to be an instrument of annexation in the territories, and the damages caused by its route are not severe enough to be disproportionate," the ruling said.
In their verdict, the judges also ruled that residents of East Jerusalem or the territorities who hold Israeli identity cards must receive equal rights as enshrined in the basic laws of Israel, and it is the responsibility of Israel Defense Forces commanders to ensure these rights are protected.
"The unique status of Jerusalem creates difficult situations and sensitive problem in the legal arena. Nonetheless, this sensitivity must fall within the framework of the legal system," Barak stated in his ruling.
In her dissenting vote, Justice Naor stated, "in each place it passes, the fence causes great harm to the fabric of life; in education, family connections, and cultural institutions. It serves as a constant and painful reminder that many who live in this country cannot live here in peace."
The Association for Civil Rights in Israel announced they were "amazed and disappointed" by the court's decision.
"The imprisonment of scores of people through the use of a nine-meter wall is a blow against human rights. The court's solution, that people should bypass the wall by way of checkpoints, is untenable and will cut these people off from Jerusalem, the source of their livelihoods," the organization's statement continued.
Member of Knesset Orit Noked (Labor), stated, "we must pay attention that the court uses it's power in a fitting and balanced manner that considers the security needs of those within Israel, without forsaking the rights of residents living near the fence."