Israel´s Supreme Court criticizes government for backtracking on demolition of West Bank outpost (HA´ARETZ NEWS) By Tomer Zarchin 05/07/12)
Source: http://www.haaretz.com/news/diplomacy-defense/israel-s-supreme-court-criticizes-government-for-backtracking-on-demolition-of-west-bank-outpost-1.428502
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Israel´s High Court justices sharply criticized the government on
Sunday for not fulfilling its legal commitment to demolish a West
Bank settlement.
During a hearing regarding the state´s request to reconsider the
demolition of illegally-built structures in the Ulpana neighborhood,
which is part of the West Bank settlement of Beit El, Justice Uzi
Fogelman said that "when the state claims it will do something, we do
not imagine that it will not be done. There is respect between the
branches."
The state asked the court last Friday to reconsider its ruling to
evacuate and tear down five structures in Ulpana, which had been
built on private Palestinian land. The state cited the difficult
ramifications the move is likely to have for Beit El residents.
The state had previously pledged in court to implement the demolition
orders for the neighborhood buildings, but last month it asked for 90
days to reevaluate its policy on enforcing demolition orders for
illegal buildings in the West Bank, as it combines strategic, public
and operative considerations.
"The question is whether there is a precedent for opening a case and
changing policy after a ruling has been given," Justice Fogelman
said. "This means that in hundreds of cases in the High Court, the
state will claim its policies have changed. This has wide
implications."
Fogelman emphasized that the state has agreed to evacuate the
buildings, "not just as a voluntary commitment to get something off
the agenda. This implies a major commitment."
The state´s request was backed by Attorney General Yehuda Weinstein
and senior officials from the State Prosecutors´ Office. However,
senior jurists slammed Weinstein´s support of the move.
Justice Salim Joubran also voiced criticism on Sunday, saying that he
finds it hard to accept the state´s claims. "The unusual requests
have become routine. This is legally and publicly unhealthy." He
wondered: "What options will there be in 60 days? A ruling has been
handed down."
Attorney Michael Sfard, who submitted the petition for the
Palestinian landowners with the human rights group Yesh Din, said in
the hearing that "the State Prosecutor´s Office is not representing
the public interest in this case, but rather political interests." On
Thursday, Sfard said that the state´s request was tantamount to
contempt of court. (© Copyright 2012 Ha´aretz 05/07/12)
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