Beit El land deal was based on forged documents, probe finds (HA´ARETZ NEWS) By Chaim Levinson 06/22/12)
Source: http://www.haaretz.com/news/diplomacy-defense/beit-el-land-deal-was-based-on-forged-documents-probe-finds-1.440308
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Hussein Farahat was born in 1919 in the West Bank village of Ein
Yabrud, northeast of Ramallah. He owned a seven-dunam plot of land
(1.75 acres ). He did not live to see the establishment of the
settlement of Beit El; he died at home in 1971, survived by five
children.
But for the settlers of Beit El, the memory of Farahat remains very
much alive. That´s because, according to them, he sold his land to a
company owned by the wife of Rabbi Zalman Baruch Melamed, head of the
Beit El yeshiva, and the wife of MK Yaakov Katz (National Union ).
An Haaretz probe has revealed that at least some Beit El residents
who are connected to the dubious land deal over the Ulpana
neighborhood are also connected to this land deal, which a court
ruled was based on forged documents. A middleman, in fact, went to
jail for this transaction, as well as for other land-deal forgeries.
But that did not stop the people of Beit El from taking the case to
the district court, with the demand that the land be registered under
their names, despite the past ruling on the matter.
The fight for the land began in the late 1990s, when the Company for
Developing Beit El´s Yeshiva Complex began to build the Ulpana
neighborhood. Seeking to extend their neighborhood, the company and
its CEO Yoel Tsur, Melamed, and Katz set their hearts on Farahat´s
land, spitting distance away, on a hill with a commanding view.
According to the settlers, in 1993, Farahat went to the home of the
notary Zalman Segal, now deceased, in the West Bank settlement of
Karnei Shomron and sold them his land. The middleman in that deal was
one Isa Nabulsi, from East Jerusalem. The land was to have been
transferred to another man, Tsadak Aweida, but that only happened a
full decade later, in 2003.
Farahat died the same year he supposedly signed the land sale
documents. However, according to a police expert, Farahat´s signature
on those papers looked shaky, which meant that it was either written
by an elderly person or was forged. For a decade, nothing was done
with the land. Nabulsi claimed in an affidavit to the court that he
had a falling-out with Aweida, and so the land transfer was never
completed.
But in 2003 Yoel Tsur claimed in his affidavit that he had heard from
a Jewish land dealer that Aweida had rights to the land and wanted to
sell it. The first step was to register the land to Aweida. Then a
company was established, called Beit El Tibaneh Vetikomam, owned by
Shulamit Melamed and Tamar Katz, to which Aweida was to transfer
ownership of the land. However, he did not do so.
This is where the stories diverge. The lawyer who was to have handled
the deal, Matanya Ben-Nun, said he "forgot" to transfer the land.
Tsur, however, claims that it went through, but that it "was
recommended by a security official, out of concern for the safety of
the middlemen-sellers" that registration of the land under the Beit
El company´s name be postponed as long as possible.
It is not clear whether money ever actually exchanged hands. None of
the documents shown to the court mentions that it did or what sum was
involved. Until the land could be registered to Beit El Tibaneh
Vetikomam, the Israel Defense Forces stepped in to assist.
In 2003 the GOC Central Command issued an order that land at the site
of Jebel Artis, which included Farahat´s lot, was to be "occupied for
military purposes." According to the IDF, the area is used as a
helipad. It is unclear why the army needs a helipad inside Beit El,
when it already has two others at nearby bases.
Beit El residents told Haaretz they had not seen helicopters at the
site. The army spokesman´s office said in response, "The order for
the helipad was issued in 2003 and was extended in 2005 to December
2007. The area is currently occupied and for a long period has been
used as a helipad and an observation point." The IDF added that it
was preparing to extend the order and that its actions are in keeping
with international law.
Aweida was also involved in other dubious land transactions,
including lands for the nearby outpost of Givat Assaf. In 2007 Aweida
confessed, and was indicted for forgery and other offenses relating
to land purchases. He served 15 months in prison. In 2010, Beit El
Tibaneh Vetikomam asked the court to register the land under its name.
According to Tsur, who is the director of Beit El Tibaneh Vetikomam,
Aweida´s confession was an "aside," related to another matter, and it
cannot be concluded that the documents were indeed forged. The state
opposed the transaction, arguing that the court had already ruled
that the deal had been forged.
Hassin Farahat, one of the late Hussein Farahat´s sons, who came back
to the village in 1999 after living in the United States, has now
asked to join the legal process. His attorney, Alaa Makhjana, notes
that his client believes that the forgers thought they could get away
with it because the family left for the United States. He said his
client was well aware of the attempts of the settlers to take over
their land for political reasons. (© Copyright 2012 Ha´aretz 06/22/12)
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