High Court´s Hypocrisy on Migron Exposed (INN) ISRAEL NATIONAL NEWS) By Gil Ronen 04/01/12)
INN} ISRAEL NATIONAL NEWS
INN} ISRAEL NATIONAL NEWS Articles-Index-Top
A column by Maariv´s Kalman Libeskind exposes the hypocrisy behind
the High Court decision that scuttled a compromise deal regarding the
community of Migron and ruled the residents must be evicted by August
President Judge Asher Grunis and Judge Mirian Naor, who sat on the
three-judge panel that made the decision, spoke loftily of the need
to respect earlier court decisions to evict Migron´s residents
without dawdling. However, they themselves allowed the eviction of
Bedouins who illegally seized land to wait for over 22 years.
"Now the petitioners are entitled to enjoy the fruits of the
verdict," the judges wrote regarding Migron – in a reference to
petitioners who never proved they had owned the land. "They have the
right to see the ongoing disruption of their rights end. The public
interest in enforcement of the law must also be felt, as must the
rule of law and respect for the law."
"The duty of carrying out a verdict is not a matter of choice," the
judges continued, driving in their point. "This is a vital part of
the rule of law that we are all subordinate to as part of the state
of Israel´s values as a Jewish and democratic state."
In the early 80´s, writes Libeskind, Bedouins from two clans entered
territory near the Yerucham-Dimona Highway and illegally occupied it.
The state tried unsuccessfully to evict them, time after time. In
1990, the Israel Lands Authority sued the heads of 82 families and
demanded that they leave the territory. The deliberations took six
years due to what the court termed the "sensitivity" of the matter.
In 1996, the court determined that the land belongs to the state and
that the Bedouins have no claim to it.
Moreover, the court found that the Bedouins had lied when they said
that their families had occupied the land for generations. The judge
gave them six months to take out all of their belongings from the
area. They appealed and lost, in 1998. They then appealed to the High
Court, and lost there too. However, the High Court took its time with
the case and did not publish its verdict until 2007 – 17 years after
the process had begun.
"We did not rush to remove this request from our schedule, and it
remained open before this court in various panels for many years –
perhaps too many – in which we agreed time and time again to requests
for postponements," the judges wrote. "All this was done out of an
intent to reach an agreed solution."
Two of the judges on that panel were Judges Grunis and Naor.
Shortly after the High Court decision in 2007, writes Libeskind, a
special committee on the Bedouin land problem headed by retired judge
Eliezer Goldberg heard the Bedouins´ case "and its tender and
merciful heart was broken." It recommended letting them stay on the
land. "22 years after the start of those procedures, the Authority
for Legalization of the Bedouin Settlements is negotiating with those
lawbreakers, who now number some 3,000 souls and are spread out on an
area of several thousand dunams, with the purpose of setting up their
permanent community for them."
"So you there, in the High Court, do me one favor please," writes the
journalist. "Don´t give me that hogwash about the rule of law and the
need to uphold verdicts. As you wrote in your verdict – ´ ´the hour
of truth has come.´ So the truth is – everything is politics. And
that includes everything." (IsraelNationalNews © 2012 04/01/12)
Return to Top
MATERIAL REPRODUCED FOR EDUCATIONAL PURPOSES ONLY