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Last update - 11:09 04/08/2008
City Hall ignores order to remove settlers from East Jerusalem house
By Jonathan Lis, Haaretz Correspondent
Tags: settlement, Silwan 

The Jerusalem Municipality is working to prevent the evacuation of a seven-story building in an East Jerusalem neighborhood, which was built by Jewish settlers without authorization, in contravention of a court order.

Deputy Mayor Yehoshua Pollak and the municipality's director general, Yair Ma'ayan, have ordered the department responsible for overseeing construction in the capital not to implement the court order to seal and evacuate the building, known as Beit Yehonatan, in Silwan.

The court order was first issued some 18 months ago and has since been debated eight times, including twice in the Supreme Court. The latest ruling in the case was handed down last week by the Jerusalem District Court, which rejected an appeal by the settlers living in the building and denied a request to delay its evacuation.
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Yossi Havilio, the municipality's legal adviser, wrote Pollak and Ma'ayan that "this is a judicial evacuation and sealing order, whose implementation was imposed by the court ... No element in the Jerusalem Municipality, whether political or professional, has the authority to order the professional echelon not to implement the evacuation and sealing order in the matter of Beit Yehonatan or to delay its implementation, and any such directive is illegal."

Havilio added that the decision not to take action with respect to the building may be discriminatory in terms of the city's Jewish and Arab residents, since the municipality destroyed an unauthorized residential building in the Arab neighborhood of Beit Hanina last week.

"Attempting to delay or prevent the implementation of the order in the matter of Beit Yehonatan is liable to arouse concern of discrimination and of the municipality's implementation of demolition orders against Arabs, but not against Jews, in East Jerusalem," Havilio wrote.

City council member Sa'ar Netanel also called on the municipality to obey the court order. "The municipality's behavior in this matter is simply a disgrace," he said. "The municipality must obey the order issued by the court and the opinion of attorney Havilio, and seal and evacuate the building immediately. The municipality cannot implement orders against Arabs, but not against Jews in East Jerusalem."

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