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Settlers standing outside the disputed Hebron building that they occupied three weeks ago. (BauBau Archives)
Last update - 02:56 12/04/2007
AG: Settlers can petition court against Hebron house eviction
By Eli Ashkenazi and Amos Harel, Haaretz Correspondents and AP

Attorney General Menachem Mazuz said Wednesday that the disputed building in the West Bank city of Hebron could not be evacuated immediately. The attorney general said that during a debate on the matter Tuesday at his office, he had approved a process of evacuation according to which the settlers would be able to petition the High Court of Justice against the eviction.

According to Mazuz, the settlers' inhabitance of the house - which they claim to own - cannot be defined as "invasion" and is therefore not subject to immediate eviction.

During the meeting, it became clear that it would be impossible to evacuate the house immediately - as suggested by Defense Minister Amir Peretz - because the settlers are in possession of ownership documents testifying to their purchase of the house from its former owners.

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Mazuz also ruled out issuing an evacuation order under the category of "immediate military needs" because the Israel Defense Forces has said that the settlers do not present an immediate security disturbance.

In the end, he ordered a third process of eviction, based on the fact that even if the house was legally acquired, the settlers still required permission from the IDF's Civil Administration to inhabit it.

According to the Civil Administration's order No. 25, all real estate deals in the West Bank require the administration's permission to be put into effect. The settlers in the Hebron house requested permission only on the day they entered, and were not granted their request.

Still, the attorney general said that the settlers have the right to a hearing, to appeal the eviction order, and to submit a petition to the High Court of Justice before the evacuation is implemented. Therefore, it will not be possible to evict them within the next two weeks.

Settlers to have 30 days to clear house
Settlers will be given 30 days to voluntarily leave the disputed building, which they occupied three weeks ago. If they do not clear by the allotted time, they will be evacuated by force.

The Defense Ministry has not released a timetable for the evacuation, but Deputy Defense Minister Ephraim Sneh said Wednesday that the legal process will allow the settlers 15 days to leave voluntarily, followed by a 15-day extension.

Civil Administration officials are expected to distribute evacuation orders to the settlers on Wednesday, after Peretz on Tuesday officially instructed the the IDF to evacuate the building.

The order was given to the coordinator of operations in the West Bank, Major General Yosef Mishlev.

Peretz's decision comes after receiving the opinion of the attorney general, who authorized the evacuation on the justification that the structure was inhabited without the permission of the defense minister, as required by law.

The settlers moved into the house in an Arab neighborhood of Hebron on March 19, claiming to have purchased it from its Palestinians owners.

Tourism Minister Yitzhak Aharonovich (Yisrael Beiteinu) on Wednesday said that if the disputed building was purchased legally, its buyers must be allowed to stay and must not be evicted.

Aharonovich also said, however, that the state must look into whether there is a security risk in allowing the settlers to stay.

On the opposing side, Construction and Housing Minister Meir Sheetrit on Wednesday said the settlers must be evicted from the disputed building if they were not authorized by the authorities to enter it.

Sheetrit also criticized the state's "foot-dragging" in evacuating outposts, saying it was "severely harming the rule of law in Israel, thus harming us internationally."

Officials said last week that the question of the legality of the purchase is irrelevant, since the settlers did not ask for approval to inhabit the property as they should have according to the regulations, the official said.

They added that Peretz had expressed opposition to the settlers' assumption of the house numerous times in recent weeks, but had not ordered action.

Although the decision for evacuation officially falls under the defense minister's portfolio, Peretz will likely need to coordinate the evacuation process with Prime Minister Ehud Olmert.

In a text message sent to journalists, the Yesha Council of Settlements, which represents the settlers, said last week that it would fight the decision.

Hebron, a frequent flashpoint for tensions between Israelis and Palestinians, is home to about 500 Jewish settlers living in heavily-guarded enclaves among some 160,000 Palestinians.

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  1.   Tell Peretz what happened to Sharon who.. 02:32  |  Bongo is back 11/04/07
  2.   hebron bldg 03:04  |  colin 11/04/07
  3.   "Legality" 03:07  |  s 11/04/07
  4.   Make war on the enemy, not on the jews 03:24  |  bernard ross 11/04/07
  5.   Peretz`s best Jihad camel butt friend 03:47  |  Joseph E . 11/04/07
  6.   Why is that ridiculous picture used so often? 04:00  |  Jeff 11/04/07
  7.   Peretz 04:05  |  Dennis Slapo 11/04/07
  8.   Leftists ruling 04:15  |  Brod 11/04/07
  9.   Peretz; didn`t you make enough damage ? 05:13  |  Michael Nizan 11/04/07
  10.   Frequent flashpoint for tensions between Israelis and GOVNMT!!! 05:17  |  Mosheh Wolfish 11/04/07
  11.   Who needs permission from Peretz? 05:17  |  Efox 11/04/07
  12.   re: Bongo is back 05:20  |  Efox 11/04/07
  13.   Peretz, prove yourself! 05:36  |  Esther 11/04/07
  14.   "claiming to have purchased" - what yellow journalism 05:44  |  mike 11/04/07
  15.   TIME TO EVACUATE PETEZT,OLMERT AND LIVINI 05:48  |  JfromC 11/04/07
  16.   without the permission? 05:57  |  David G 11/04/07
  17.   Make all these whackos go away 06:55  |  Merle 11/04/07
  18.   War 07:02  |  Choni Davidowitz 11/04/07
  19.   This is racism plain and simple! 07:17  |  Gili 11/04/07
  20.   # 12 Esther @ Tel Aviv / Israel 07:20  |  Joseph E . 11/04/07
  21.   The little Napoleon DM will conquer the dangerous pious Jews. 07:34  |  Chanan 11/04/07
  22.   #11 Efox, on who needs Peretz`s permission 07:59  |  Johnboy 11/04/07
  23.   #190 Gili, simply moving into occupied territory is illegal 08:06  |  Johnboy 11/04/07
  24.   Peretz is bad for the jews!!!!! 09:38  |  Ben Uziel 11/04/07
  25.   Not a house but a provocative mini-settlement 09:54  |  Clickfool 11/04/07
  26.   Mike, re: Communism 09:56  |  Mimi 11/04/07
  27.   peretz is an idiot 10:15  |  harzion 11/04/07
  28.   What`s legal in Hebron? Hey Johnboy... 10:41  |  Seth 11/04/07
  29.   Someone must eliminate Peretz..... 11:03  |  Chanan 11/04/07
  30.   Peretz 11:10  |  Ralph 11/04/07
  31.   #28 Seth talks rubbish 11:19  |  Johnboy 11/04/07
  32.   There are no laws for these zealot settlers 11:40  |  A Bethlehemite 11/04/07
  33.   Settlers dispute 12:18  |  SJ 11/04/07
  34.   Johnboy the international law expert... 12:25  |  Leo 11/04/07
  35.   May Peretz prevail, majority support him 12:48  |  Esther 11/04/07
  36.   Esther #13 13:01  |  Mary 11/04/07
  37.   Settler-terrorists 13:14  |  Mitch Cohen 11/04/07
  38.   # 38 13:21  |  SJ 11/04/07
  39.   Leo - get real 13:28  |  Josh Goldman 11/04/07
  40.   Settlers to be given 30 days to leave disputed Hebron building vo 13:30  |  Gerald Zang (1 of 2 11/04/07
  41.   Esther gets my vote 100% 13:30  |  Josh Goldman 11/04/07
  42.   Muslims who want to live under Islamic Sharia law were told on We 13:32  |  Gerald Zang (2 of 2 11/04/07
  43.   Let them stay! 13:45  |  Donna Drobna 11/04/07
  44.   Seth obviously has no idea what he is talking about 14:19  |  Tarek 11/04/07
  45.   #31 - Johnnyb oy 14:21  |  Seth 11/04/07
  46.   TO 35:YOU ARE WRONG!!!!!!!!!!!!!!!!!!!!!!! 14:22  |  sarah 11/04/07
  47.   Make sure they get their money back! 14:28  |  Alicia 11/04/07
  48.   Shamefull 14:33  |  Joseph 11/04/07
  49.   This is a mess 14:36  |  Gene 11/04/07
  50.   #28, Seth - illegality of settlers in the WB 14:50  |  A Bethlehemite 11/04/07
  51.   ocupation 14:51  |  LOLA 11/04/07
  52.   Response for Mary #36 15:07  |  Esther 11/04/07
  53.   Occupied? 15:12  |  smearnov 11/04/07
  54.   Welcome to Palestine 15:16  |  SJ 11/04/07
  55.   WHILE WAR IS BREWING ON ALL FRONTS, PERETZ 15:31  |  Bongo again 11/04/07
  56.   WHILE WAR IS BREWING ON ALL FRONTS, PERETZ 15:31  |  Bongo again 11/04/07
  57.   PEACENOW FIFTH COLUMN 15:32  |  B 11/04/07
  58.   #46 ANOTHER DUMB SHOUTER 15:32  |  Ari ben Yisrael 11/04/07
  59.   re: Gili #19 15:37  |  Paulo 11/04/07
  60.   #18 on the worst possible enemies. 15:44  |  Ari ben Yisrael 11/04/07
  61.   #34 Leo the International Law Ignoramus 15:48  |  Johnboy 11/04/07
  62.   wadha 15:50  |  convert 11/04/07
  63.   Criminal intent by DM violating Human Rts.signed by Govt. 15:51  |  sam 11/04/07
  64.   ever notice how jews always have to evacuate? 15:58  |  carlos 11/04/07
  65.   #45 Seth tries to argue that Black is White 16:02  |  Johnboy 11/04/07
  66.   To Esther from Mary 16:03  |  Mary 11/04/07
  67.   #45 Seth defines an occupation but says it isn`t 16:13  |  Johnboy 11/04/07
  68.   The Hebron settlement was born in sin 16:16  |  Yonatan 11/04/07
  69.   #64 ever notice how the ISRAELIS always try to colonize 16:27  |  Johnboy 11/04/07
  70.   STOP CRYING JOHNBOY 16:29  |  alonitzafoni 11/04/07
  71.   Mary - a question 16:31  |  Josh Goldman 11/04/07
  72.   For Esther, #13 et al. 16:34  |  Carl 11/04/07
  73.   #46 Sarah 16:46  |  Choni Davidowitz 11/04/07
  74.   Response to Josh Goldman 16:47  |  Leo 11/04/07
  75.   #70 alonizafoni 16:52  |  Johnboy 11/04/07
  76.   Yonatan, you have no permission to live in Kfar Sava...evacuate 17:00  |  Leo 11/04/07
  77.   To Johnboy 17:07  |  Choni Davidowitz 11/04/07
  78.   Can Palestinians from Hebron buy houses in Israel 17:12  |  Petteri 11/04/07
  79.   Pope out of the Vatican Muslims out of Medina Jews out of Hebron 17:14  |  Chick Corea 11/04/07
  80.   Tarek #44 17:18  |  Seth 11/04/07
  81.   Re. #1-70 EVERYONE RESPOND TO ME!!!!!!! 17:19  |  Carl 11/04/07
  82.   Leo 17:20  |  Josh Goldman 11/04/07
  83.   Johnboy you forgot to switch the "caps" off.. 17:21  |  Leo 11/04/07
  84.