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Last update - 08:41 02/01/2008
Court rules to evict eight Jewish families from E. Jerusalem house
By Meron Rapoport, Haaretz Correspondent
Tags: evictiion, Court 

Eight Jewish families must vacate an illegally built East Jerusalem house they have been living in since 2004, a court has ruled, marking the largest ever removal of settlers from East Jerusalem. But the municipality has come under heavy pressure to prevent such an eviction.

The families plan to appeal to the Supreme Court the ruling last Sunday by the Jerusalem District Court, claiming they are being discriminated against compared with the neighborhood's Arab residents.

The seven-story building, located in the heart of the Silwan neighborhood, was built without permits by a Palestinian contractor for the Ateret Cohanim organization, which seeks to settle Jews in East Jerusalem. The building has particular significance for the group because it stands on the site where Yemenite Jews lived until the 1930s.
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It is one of the largest settler compounds in East Jerusalem. All told, there are some 150 Jewish families in the capital's Palestinian neighborhoods, including the Muslim Quarter in the Old City and the City of David. Vacating the building in Silwan would deal a severe blow to
the settler organizations in the city.

Ateret Cohanim members entered the building in April 2004 with a police escort, removed the Palestinian contractor and his family, and rented the apartments to Jewish families. The municipality's building inspection department warned the tenants they were entering an illegally built structure, and asked them to name the property's owners in order to open
legal proceedings against them. The tenants refused to cooperate.

In a lawsuit later filed by the municipality's legal counsel, Yossi Havilio, the tenants said in their defense that they presumed the building was legal because the police had helped them to enter it, the Housing Ministry had paid for its security guards, and it had been hooked up to the water and electricity grids.

One tenant also said the issue of the building's legality did not matter to him because his settling in Silwan "fulfills the commandment to settle the Land of Israel, which is a positive commandment from the Torah that
countermands any law contrary to it."

Lawyers for the Jewish families argued that the sheer fact an indictment had been filed against their clients constitutes discrimination against Jews because the municipality does not enforce the building code against
Palestinians in East Jerusalem.

Last January, the Local Affairs Tribunal rejected the families' claims and gave then until April 14, 2007 to vacate their apartments and seal all entrances to the building. The Jerusalem municipality was pressured by Knesset members and city council members to prevent the eviction. Eventually the municipality postponed moving the settlers out pending a ruling from the district court on the appeal.

Two months ago, a municipal committee headed by deputy mayor Rabbi Yehoshua Pollack decided to retroactively rubber-stamp the building and authorize a five-story structure, even though the approved plan for the area talks about building just two stories.

Legal counsel Havilio strongly opposed that decision, saying it smacked of "rewarding criminals" who had commited a serious building violation. Havilio expressed concern that the decision was intended to influence the district court hearing the appeal by the Jewish families.

On Sunday, District Court Judge Gila Canfei-Steinitz rejected their appeal and said they must vacate the building and seal it by mid-February. The judge said she believes "unreservedly" that the municipality was not motivated by discrimination in filing the charges against the Jewish families. She observed that in Silwan alone, 170 cases have been opened in the past three years against Palestinian
residents.

Sources at city hall said that some of the senior municipal officials are against the eviction, so it might be postponed again. But sources close to the settler families say they would not forcibly resist eviction.



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      1.   Grim humor 01:54  |  Colin Wright 02/01/08
      2.   LOL @ The SQUATTERS 01:57  |  POP 02/01/08
      3.   The COST 03:05  |  cc 02/01/08
      4.   Check back in six months 04:23  |  Mark Lincoln 02/01/08
      5.   But arabs can build illegal homes? 04:52  |  Dr David I. Gross 02/01/08
      6.   I wonder if someone counts Arabs living in Jewish neighborhoods 05:22  |  Maya 02/01/08
      7.   SELF-Inflicted Pain & Lack Of Security: The Settlement Policy. 06:12  |  Proud Pal Defender 02/01/08
      8.   So the building lacked permits, like most Arab buildings 06:18  |  Efox 02/01/08
      9.   re: cc 06:19  |  Efox 02/01/08
      10.   Jews evicted, who will defend them? 06:21  |  Dr. Jack 02/01/08
      11.   There`s always somebody that doesn`t get the word 06:33  |  Natallie Durson 02/01/08
      12.   One Illegal Jewish Home - Thousands of Illegal Arab Hom 06:35  |  Mike 02/01/08
      13.   The discriminator claiming discrimination? 08:07  |  Kris 02/01/08
      14.   The State Calls on Jews to Make Aliyah , Just so to Evict them to 08:12  |  Joseph E . 02/01/08
      15.   # 10 natalie 08:18  |  danny 02/01/08
      16.   # 4 please say where they could build LEGALLY 08:19  |  Kris 02/01/08
      17.   Behold a Jerusalem Was Reunited Just so to Divide it Again 08:25  |  Joseph E . 02/01/08
      18.   Nu, let`s see what comes of this...... 09:19  |  Esther 02/01/08
      19.   Moreover..... 09:26  |  Esther 02/01/08
      20.   Kris l learn history - get help - you need it 09:47  |  Dr David I. Goss 02/01/08
      21.   Esther #17 & 18 10:08  |  S 02/01/08
      22.   Re Kris #15 and Dr #19 10:11  |  Esther 02/01/08
      23.   Evict the illegal settlers 10:46  |  SJ 02/01/08
      24.   #21 Esther in TA,Is (afraid to write "Tel-Aviv" and "Israel"?) 11:04  |  Hastaroth 02/01/08
      25.   Particular significance as Ateret Cohanim clerks understand it. 11:28  |  zmogus 02/01/08
      26.   Take Over Based on Biblical Law 11:32  |  Yaakov Sullivan 02/01/08
      27.   On what side of the barricade is Israeli Police for heaven`s sake 11:46  |  zmogus 02/01/08
      28.   Ileegal Jewish Settlement 12:00  |  Mordecai 02/01/08
      29.   Jews in E Jerusalem: yes. Squatters: no 12:02  |  Outsider 02/01/08
      30.   #14 danny daan unde 12:46  |  Labhras 02/01/08
      31.   @15, nazi kris. we will finish you next time. 12:52  |  vladimir 02/01/08
      32.   zmogus your attempt at being amusing is pitiful 12:57  |  litvak 02/01/08
      33.   Re S 20# 12:59  |  Esther 02/01/08
      34.   Re Hastaroth #24 13:53  |  Esther 02/01/08
      35.   Ateret Cohanim: hate inciting bunch 14:05  |  John 02/01/08
      36.   but the bible says to Occupy the land 14:28  |  augustine e johnson 02/01/08
      37.   The REAL question is... 14:43  |  Terminator 02/01/08
      38.   What do the Arabs in Silwan think? 14:52  |  Terminator 02/01/08
      39.   THEY SHOULD BE EVICTED ... AND THE CONTRACTOR JAILED 15:09  |  TrippleJump 02/01/08
      40.   Free Jerusalem from ALL settlers 15:10  |  Eric 02/01/08
      41.   Jack Sullivan.. 15:15  |  Terminator 02/01/08
      42.   triple jump 15:57  |  jerusalemjewish 02/01/08
      43.   JEWISH Human Right to Live, Pray in Peace in Land 16:20  |  B 02/01/08
      44.   Evicting Jews 16:21  |  Marc 02/01/08
      45.   Importance of Silwan 16:33  |  Tosefta 02/01/08
      46.   This is why there will never be peace...everyone speaking for god 16:36  |  Christian 02/01/08
      47.   Efox - Consider the Precedent 17:15  |  Mark of Lewiston 02/01/08
      48.   WHAT WAS THE "COURT" TRYING TO SAY? 17:22  |  indrajaya 02/01/08
      49.   tosefta "kick the settlers out" 17:25  |  ilovedorothy 02/01/08
      50.   it makes no sense whatever 17:26  |  ilovedorothy 02/01/08
      51.   Israel has brought this situation upon herself all by herself 17:50  |  AliciaYasmeen 02/01/08
      52.   6. maya the ignorant fake indian 17:50  |  muslim 02/01/08
      53.   Too Funny 17:53  |  Aaron 02/01/08
      54.   Its high time 17:56  |  Danite 02/01/08
      55.   # 31 I`m left-wing not right-wing 18:20  |  Kris 02/01/08
      56.   To AliciaYasmeen#51.... ON GOD... 18:46  |  TrippleJump 02/01/08
      57.   #56 Tripple Jump: what good is a weapon in a fool´s hand? 18:55  |  AliciaYasmeen 02/01/08
      58.   # 50 because they are israeli nationals also 18:56  |  Kris 02/01/08
      59.   Greetings Esther 19:02  |  Kris 02/01/08
      60.   5.DR. DIG. 19:05  |  Silverwater 02/01/08
      61.   Now that we are talking PEACE with our neighbors Palestinians 19:28  |  Arik 02/01/08
      62.   #56 Tripple Jump: sorry to break your bubble 19:29  |  AliciaYasmeen 02/01/08
      63.   Arabs should be helped settle in America or Canada 19:34  |  Azi Zbiya 02/01/08
      64.   This makes me sick! 19:35  |  Salty 02/01/08
      65.   We love the Arabs ...But 19:39  |  Azi ziadah 02/01/08
      66.   #63 Are you Serious ?!?!? 20:35  |  Aaron 02/01/08
      67.   #51 AliciaYasmeen 20:57  |  Jimmy 02/01/08
      68.   #50 ilovedorothy asks why 21:07  |  Labhras 02/01/08
      69.   #67 Jimmy: here´s G-D´s answer to you Jimmy 22:07  |  AliciaYasmeen 02/01/08
      70.   My Land of Milk and Honey 22:21  |  God 02/01/08
      71.   why have so many irish cathol