Ofra
Photo courtesy of Yesh Din
State: Barak hindering demolition of illegal Ofra homes
High Court hears human rights groups' petition against illegal construction in Ramallah-area settlement. State claimed razing delayed due to defense minister's indecision
The High Court of justice rebuked the defense establishment once again Wednesday for failing to take steps against illegal construction in the West Bank, this time in the Ofra settlement northeast of Ramallah.
The court heard a petition by the B'Tselem and Yesh Din human right groups, which claimed that the State failed to execute demolition orders for nine houses in Ofra.
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The State argued that the houses in question were not torn down because Defense Minister Ehud Barak has yet to authorize the move.
Justices Ayala Procaccia admonished Attorney Gilad Sherman, representing the State, while Chief Justice Dorit Beinish wondered why the State decided to change its policy in the case.
Sherman explained: "The houses in question are in the middle of the settlement, which does not go to legitimize the construction… but the question is – is this the best time to execute the (demolition) orders? I believe it is not.
"Enforcing demolition orders is a state priority which is why the question was put to the defense minister, who opposed it at this time," he said.
Attorney Michael Sefarad, for the petitioners, said Barak's stance on the matter "is the result of his unwillingness to deal with the issue. This is not a simple thing, which is why we are not asking for a court order.
"What we are asking for is a reasonable schedule that will allow the Defense Ministry to uphold the law… There is an ugly air of haughtiness to thinking that the Palestinians are pawns. All these people wish to do is protect their property."
Eitan Broshi, Barak's adviser for settlement affairs, also addressed the court saying that the Defense Ministry's position in the case has not changed: "Construction in Ofra was halted. The defense minister never sanctioned illegal construction in Ofra.
"The court," he added, "is aware, I'm sure, of the ongoing political process. The defense minister has been wracking his brain with this question and we ask the court's understanding on the matter."
The court adjourned without a definite ruling, saying one will be rendered at a later date.
