State files appeal over Ulpana eviction (YNetNews.Com -Yedioth Internet) Aviad Glickman Published: 04.27.12, 11:52)
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State asks High Court for three-month extension to allow Cabinet to
review original decision to evacuate Beit El neighborhood; says
government assessing new policy
The State filed a High Court appeal Friday, asking that the court
revisit the petition filed over the pending eviction of the Ulpana
neighborhood, located in the West Bank settlement of Beit El.
The State wishes to renege on its commitment to evacuate the area by
The petition also asked the court for a three-month extension, which
will allow the State to refile its official position on the matter;
and is seeking a stay of the demolition orders issued on the
neighborhood´s homes for the duration of that time.
The petition said that "Prime Minister Benjamin Netanyahu and the
Cabinet wish to reconsider the way the policy – that states that
every structure erected on private Palestinian land will be razed –
According to the State Prosecutor´s Office, which represents the
government in the matter, the political echelon has recently been
presented with new evidence suggesting the decisions made regarding
Ulpana would have significant ramifications as to the future
construction in Beit El.
The State also argues that the Cabinet has been holding a series of
sessions on the government´s obligations regarding the removal of
West Bank buildings built on private Palestinian land.
According to the petition, "After much deliberation and the
examination of various alternatives, and after giving due
consideration to the broad social implications the implementation of
these policies may have on future construction, the (government) has
decided to review the legal priorities in the are."
Ulpana as a test case
The government wishes "To take into account all the possible zoning,
social, political and operational ramifications," the appeal said.
The prosecution stressed that according to the new policy the
government is promoting, "The narrow interpretation of the law, by
which a structure´s fate is determined, can no longer be applied to
the situation on the ground; and is pursuing new policies, by which
decisions regarding structures built on land whose ownership is
contested, will be made on a case-by-case merit."
Law enforcement priorities in the West Bank must be ordered according
to "the bigger picture and in a broad connotation," the appeal said.
The State Prosecutor´s Office further argued that Ulpana must be seen
as a test case and an example for the need for a more current policy.
The State informed the court of the government´s preference to
suspend any operation on the ground pending a full and final ruling
as to the contested issue of land ownership.
The appeal noted that Netanyahu has formed a special team, including
Defense Minister Ehud Barak, Minister for Strategic Affairs Moshe
Yaalon and representatives from the Attorney General´s Office to
review the matter and determine new legal criteria in such matters.
The possible ramifications of the decision, the State concluded,
warrant a review of the situation.
The High Court will hold a hearing on the matter on Sunday.
Yesh Din Attorney Michael Sefarad, who represents the Palestinian
petitioners in the case, said in response that "Today, the Israeli
government has declared war against the rule of law.
"The government, in its political despair, is assisting the theft of
Palestinian land and it is razing the moral values upon which the
State of Israel was founded," he said. (Copyright 2012 © Yedioth
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