Anti-fence protestors in Bilin
צילום: רויטרס
Israel to compensate Bilin head for separation fence
State found to have ignored High Court ruling ordering it to alter location of security fence because it is unjust towards village residents; ordered to pay restitution to council head
The High Court of Justice on Monday ordered the State to compensate the head of Bilin's Council due to its disregard of a court order to change the location of the security fence near the West Bank village.
Bilin is the site of weekly protests staged by left-wing activists who claim the fence runs through the Palestinians' property and hinders their livelihood. Accordingly, a year and a half ago the High Court ordered the State to consider an alternative route to the fence.
However Israel disregarded the order for eight months, after which Bilin's Council Head, Ahmed Issa Abdallah Yassin, decided to sue the State, claiming that despite a clear appeal on his part, the State had done nothing to alter the fence's location.
After the suit was filed, the State claimed that the fence's route would soon be modified, but the judges determined that the correction offered was insufficient as it did not comply with the court order.
The judges further stated that the State had been ordered to correct the route because its current position had failed the test of proportionality, but did not specify a schedule for the modifications, since it had been assumed that the State would act with the utmost alacrity.
"The location which was finally chosen does not adhere to the outline determined by the court order. The alternative chosen is not built mostly on State property, but rather on private Palestinian property and as a result will harm many acres of fields and olive groves," the judges stated.
The State was also ordered to compensate the council head for his legal expenses and to alter the fence's location according to the standard set by the previous sentence.
