Yesh Din to HJC: Order state to evacuate Ulpana (JERUSALEM POST) By TOVAH LAZAROFF 05/04/12)
JERUSALEM POST Articles-Index-Top
Humans rights group Yesh Din on Thursday asked the High Court of
Justice to order the state to immediately evacuate 30 homes in the
Ulpana outpost, located on the outskirts of the Beit El settlement.
It sent its request in advance of a hearing Sunday on the state
request to be released from its promise to evacuate the homes, which
were constructed on land classified by the state as belonging to
Last year the state told the court it would remove the homes by May
1, 2012. But last Friday, four days before that deadline, it asked to
be released from that pledge.
The fate of the homes now lies in the hands of the court, which must
decide whether to cede to the state’s request.
The state has told the court that it is revising its policy on
unauthorized West Bank outposts, including those built on private
Palestinian property. It said it plans to submit that new policy
within 90 days.
The state further asked the court to re-open the Ulpana case so that
it could reassess the land status.
The issue of the land classification is under adjudication in a lower
district court in Jerusalem. Settlers claim the property was
purchased by the yeshiva in Beit El and Amana, the construction arm
of the settlement movement.
The sale was never registered with the Civil Administration. The
court and the state have not recognized the legality of that sale.
Yesh Din initially filed a petition before the High Court of Justice
on the matter in 2010, on behalf of the Palestinians claimants to the
Yesh Din attorneys Michael Sfard and Shlomy Zachary on Thursday
warned the court that it would set a dangerous precedent that
weakened the rule of law if it accepted the state’s requests.
What should the citizens of this state say to themselves about the
rule of law when the prime minister and the defense minister do not
keep their obligations to the court, the attorneys asked.
In their statement to the court, they referenced comments made by
Likud politicians in the last few weeks warning that the judiciary
had too much power in these matters and that the evacuation of the
homes would destroy the government.
The attorneys said that the state’s request was based on political
not legal reasons.
They also warned against the legal consequences of opening a case
against which a judgment had already been rendered.
Earlier this week, in a similar case about five apartment building
under construction in the Beit El settlement, the court agreed to
give the state 60 days to present a new outpost policy. (© 1995-2011,
The Jerusalem Post 05/04/12)
Return to Top
MATERIAL REPRODUCED FOR EDUCATIONAL PURPOSES ONLY