Sheftel: State Failed in Ulpana´s Case (INN) ISRAEL NATIONAL NEWS) By Elad Benari 05/11/12)
Source: http://www.israelnationalnews.com/News/News.aspx/155692#.T6yMxuiO2So
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Attorney Yoram Sheftel said on Thursday that the State has failed in
the way it dealt with the case of the Ulpana neighborhood in Beit El
and expressed pessimism that the government would be able to produce
legislation that would prevent the demolition of the neighborhood.
Earlier this week, the Supreme Court unanimously rejected the state´s
petition to postpone the destruction of five buildings in Beit El´s
Ulpana neighborhood until July 1. The Attorney General had asked for
a three-month extension in order for the government to find a way to
legalize the buildings.
“The criticism of the Supreme Court’s decision should be directed at
the prosecution and not at the Court,” Sheftel told Arutz Sheva. “The
prosecution repeatedly told the Court that the State agrees to
destroy half the Ulpana neighborhood. The proceeding goes on for a
year and a half and the State announces that it agrees to the
demolition. So what do you expect the Court to do when its judgment
has been given on the basis of the prosecution´s statement?”
He added that the government is the one that abandoned the people of
Beit El and left them in the hands of the prosecution.
“The prosecution represented the State on its own without asking the
State’s opinion on the matter,” he said. “The prosecution stated that
government policy is to demolish homes. It did so without good faith,
because the State never agreed to that, this is deception by the
prosecution. The prosecution is an independent body that does
whatever it pleases, without any supervision. It has absolute power
which makes it corrupt. It deliberately manipulated the situation in
order to reach this scenario.”
Sheftel added, “Now the government woke up but it’s too late because
nothing can legally be done. The ruling on the Ulpana neighborhood is
final. All this happened because our country, for all intents and
purposes, is poorly and miserably run. The government is
dysfunctional. Why is it that throughout the entire period when the
prosecution informed the Court that the State agrees to demolish the
homes, no one from the government stood up? Now, when the knife is
held up against the throat they shout, but it´s too late.”
“They are talking about legislation, but it will be far from simple
though not impossible,” said Sheftel. “This requires special
legislation that will be applicable in Judea and Samaria and directed
at the police and the army, prohibiting them to carry out demolitions
of houses which have been lived in for X amount of time. This
legislative process is not simple, though it is eminently doable.”
Prime Minister Binyamin Netanyahu will convene a special committee on
Friday to discuss potential ways to avert the destruction of five
homes in Beit El´s Ulpana neighborhood.
The committee will include Netanyahu, newly minted Vice Premier and
Minister Without Portfolio Shaul Mofaz, Foreign Minister Avigdor
Lieberman, Defense Minister Ehud Barak, Justice Minister Yaakov
Neeman, Strategic Affairs Minister Moshe Yaalon and Minister Benny
Begin.
Senior officials from the IDF Civil Administration have been asked to
attend the meeting as well.
Netanyahu is said to be mulling two options: ordering an
administrative seizure of the land the houses sit on by the IDF, or
legislation.
Several senior ministers in the coalition have pushed for legislation
that would mandate financial compensation or alternative land grants
in lieu of eviction and demolition in cases where a court determines
a claim to the land is valid.
However, the Supreme Court has ruled Israeli law does not apply in
Judea and Samaria, which has never been annexed and remains under
military rule. (IsraelNationalNews © 2012 05/11/12)
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