High Court rejects petition to stop building in West Bank outpost
Judge blocks injunction against settlement building for second time in a month.
By Akiva Eldar Tags: Israel settlements Israel Supreme Court Israel news West BankThe Supreme Court took an unusual step this weekend in rejecting a petition to stop illegal construction at a settlement outpost near Ramallah. Justice Neal Hendel denied the request despite the fact that, at the initial hearing on the matter, the state prosecutor told the High Court the building activity violates the terms of the settlement freeze order as promised to the U.S. government.
This marks the second time in four weeks that Hendel has rejected a request for a temporary injunction to stop settlement building without first verifying the government's position. The justice also refused to move up the petition hearing on the outpost in question, Givat Habrecha - a hearing he himself had set for the coming November. Video footage taken at both sites shows the Civil Administration and police ignoring the continued violation of the freeze order.
Michael Sfard is the attorney representing the petitioners: three residents of the nearby Palestinian community of Al-Janiya, the village council head and the advocacy groups Bimkom and Yesh Din. Yesterday Sfard lamented that Hendel's ruling set "a dangerous precedent of reconciling with a violation of law, and is an indication that after the Israel Police and State Prosecutor's Office, the last bastion of the rule of law - the Supreme Court - is on the verge of collapse."
Sfard said the decision "does not protect the rights of Palestinians from the ideological criminality of the builders of settlement outposts."
The request for a temporary injunction indicated that several permanent structures had been built within a short time period at the outpost, an extension of the settlement of Talmon. The outpost had included some 62 housing units even before the filing of the petition, which concerned 12 additional homes under construction.
The petitioners presented the court with a fact sheet that had been distributed by the Talmon residents' committee on November 26, the day the freeze order went into effect. "Given certain political developments, we are making every effort to advance all possible construction before the decree is implemented," the committee stated on the document. "We are preparing to carry out ground work over the next few nights, and ask for your understanding and patience, especially with all things related to the residents of Neveh Talmon [an alternate name for Givat Habrecha], and particularly from those families living close to the work."
In addition to violating the freeze order, the construction is allegedly being conducted without building permits and in defiance of work-stoppage and demolition orders previously issued to outpost residents.
Last week, after Hendel refused to issue an interim injunction to move up the petition hearing, activists working for Bimkom and Yesh Din took photographs showing settlers significantly increasing the pace of construction.
According to the latest petition, "Failure to issue an injunction order will be viewed as legitimizing massive illegal construction, and prove that the current law-enforcement authorities are not meeting their responsibilities."
- Print Page
- Send to a friend
- Comments
- Share
- Text Size +|-
-
This story is by:
-
Akiva Eldar
Why Facebook Connect?
Comment on Haaretz.com articles with your Facebook login, and share your thoughts on your own wall.
- Latest
- Most Viewed
- Most Rated
- Open all
When non-Jews can't get justice from the Supreme Court--or even building permits, it is obvious that Israel has deteriorated into a racist state--a sorry state of affairs. The evil is ultra-nationalism--a belief in the superiority of one ethic group, religious group or race over another. A real shame when both trace their origins to Father Abraham.
you can't have but kangaroo courts.
"It is clear that the Palestinians cannot rely on the Israeli court systems to treat them fairly and justly." So, why would they want to be Israeli citizens? Would they think they would be treated so much better after their land was actually part of Israel and there was nothing illegal about whatever the Israeli government chose to do? I suppose there would be fewer airstrikes....
left policies that have been destroying the very fabric of the Jewish identity.
a brilluiant observation--I must copy and save this one---given the number of times you have squawked about court rulings that collide with your side.. Rich indeed. "#3 elizabeth what is a fair court ? let me know in which place one exists ? your clearly know nothing about the law process !VH aka PH Here is the punchline, "or is "fair" just your side succeeding ?" VHaka ph Very pithy vicky.
a brilluiant observation--I must copy and save this one---given the number of times you have squawked about court rulings that collide with your side.. Rich indeed. "#3 elizabeth what is a fair court ? let me know in which place one exists ? your clearly know nothing about the law process !VH aka PH Here is the punchline, "or is "fair" just your side succeeding ?" VHaka ph Very pithy vicky.
All those paragraphs, and not one single word about ***why*** the judge said he would not issue that injunction. Plenty of words about what the petitioners were arguing. Plenty of words explaining why the state agreed with the basic thrust of the petition. Plenty of words stating that the judge said "no" to the petition. But not one word explaining the REASONS given by the judge for saying "no". He did give a reason, didn't he, for saying "no"? Didn't he?
the high court made this decision. Would be interesting to hear the reasoning behind it. Logic certainly wasn't part of it I guess
let me know in which place one exists ? your clearly know nothing about the law process ! or is "fair" just your side succeeding ?
The Palestinians discovered that the Israeli High Court of Justice has been created for Israeli citizen. There is nowhere in the world an entity that vows the complete destruction of a state that can also go to the High Court of that state to seek democratic advantages. Palestinians will have to come to negotiation table without any precondition and with the idea that they will have to make an effort as Israel already gave back 94% of the territories won in 1967 war....Israel has no obligation as per Resolution 242 to give back the remaining 6%.
It is clear that the Palestinians cannot rely on the Israeli court systems to treat them fairly and justly. They must look elsewhere to achieve the justice they deserve.
So what reason did the judge sight when rejecting this petition? There is no need for us to know, right?
to their commands.