Subscribe to Print Edition | Thu., September 04, 2008 Elul 4, 5768 | | Israel Time: 02:21 (EST+7)
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Court suspends demolition of East Jerusalem terrorist's house
By Tomer Zarchin

The Supreme Court yesterday issued a temporary injunction against plans to demolish parts of the home of Palestinian terrorist Ala Abu Dahim, who killed eight people at the Mercaz Harav yeshiva in Jerusalem last March.

A petition filed on behalf of the Abu Dahim family claimed plans to demolish the second and third floors of the four-story house in Jabel Mukkaber, East Jerusalem, are unlawful.
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Attorney Andre Rosenthal, who represents the Abu Dahims, said the second floor did not belong to the gunman - it was rented out - and that he resided on only part of the third floor, along with his parents.

Rosenthal argued that the Israel Defense Forces' Homefront Command, which is responsible for the demolition, has not shown that the building will withstand a partial demolition. He added that authorities have not presented evidence that the gunman was part of a terrorist organization, and that the gunman might have been criminally motivated.

Justice Salim Joubran ordered the Homefront Command to respond to the petition within 30 days.

Last month, Defense Minister Ehud Barak ordered security forces to demolish the Abu Dahims' home, after consulting with officials from the IDF, Shin Bet security service and police.

Prime Minister Ehud Olmert and Barak have both expressed support for demolishing the homes of East Jerusalem residents who carry out terrorist attacks against Israelis. Attorney General Menachem Mazuz recently told Barak and Olmert that these demolitions were not technically illegal, but would raise serious local and international questions.
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