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High Court turns down bid to lift the curfew in Hebron (HA´ARETZ NEWS) By Moshe Reinfeld 07/10/03) Source: http://www.haaretz.com/hasen/pages/ShArt.jhtml?itemNo=316385&contrassID=2&subContrassID=1&sbSubContrassID=0&listSrc=Y
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The High Court of Justice yesterday turned down a petition by the Association for Civil Rights in Israel that asked it to order the army to lift the curfew that has been in place for more than six months in the old quarter of Hebron.
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The curfew was imposed after the January 18 murder of Netanel Ozeri, who lived on Hill 26, an outpost adjacent to both the old quarter and the Harsina neighborhood. ACRI´s lawyers, Dan Yakir and Noa Stein, argued that the curfew prevented the Palestinian residents of the neighborhood from obtaining food and medicines, getting medical treatment or obtaining other vital services for many days at a time.
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The army, through state attorney Orit Corinaldi-Sirkis, argued that the curfew was necessary for its operations against terror organizations and in order to protect the lives of soldiers and civilians, including Arab residents of Hebron. The army denied the association´s claim that residents were unable to get food and medicine, saying the curfew is lifted for that purpose.
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Additionally, it said, there are procedures that enable solutions to special problems, like evacuating the ailing or repairing electricity and water lines, even during the curfew.
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The court held several hearings on the matter, in which it became apparent that the curfew is eased and tightened according to the security situation.
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In the verdict handed down yesterday, the justices accepted the army´s position that the curfew is an operational measure that the army is allowed to use according to its best judgment. They stressed that the army must take into account the impact of the curfew on the population´s ability to conduct a normal daily life, but they rejected ACRI´s claim that the army exaggerates the use of curfews and applies them arbitrarily, thus causing unreasonable suffering to the residents. (© Copyright 2003 Haaretz. 07/10/03)
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