Rejecting state request, High Court orders demolition of West Bank outpost to go forward (HAŽARETZ NEWS) By Tomer Zarchin 05/08/12)
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Rejecting a state appeal, the High Court of Justice ordered on Monday
the demolition of illegally-built structures in the Ulpana
The ruling came after state appealed to the High Court on Friday,
requesting it reconsider its ruling to evacuate the Ulpana
neighborhood, part of the West Bank settlement of Beit El, and tear
down the structures there, which were built on private Palestinian
That day, the state cited the difficult ramifications an evacuation
is likely to have for Beit El residents.
On Sunday, during a hearing regarding the state´s request, the court
criticized Israel for not fulfilling its legal commitment to demolish
the outpost. 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."
In the ruling issued Monday, Supreme Court President Ahser Grunis
along with Fogelman and Justice Salim Joubran rejected the state´s
request, saying the illegal Ulpana structures would have to be
evacuated by July 1.
The justices wrote that it was especially important for the state to
honor its obligations to the High Court, adding that, by "accepting
the state´s position, according to which the need to revisit policy
is a reason to reopen a finalized process, my lead to difficult
"Policy, in its very nature, isn´t a static thing. Will the state
request to review processes that ended in a verdict every time a
policy is reconsidered!?" the court asked, adding that a change in
policy was not a reason to divert from the finality of a verdict,"
the justices added.
The justices went on to say that the "authority to reopen a finalized
legal procedure, assuming that it exists, is reserved for unusual
situations and extraordinary circumstances."
"Those circumstances have not been presented in this case, even if it
does raise difficult question of public and social policy," they
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 takes into account
strategic, public and operative considerations together.
According to legal experts, the government´s request represents a
problematic move - breaking the accepted rules for the relationship
between the executive and judicial branches - that would put the
country in a difficult position. (© Copyright 2012 Ha´aretz 05/08/12)
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