Court: Fence with gate to separate J'lem neighborhood
High Court rules construction of separation fence between Sheikh Saad, Jabel Mukaber neighborhoods to proceed, but orders gate at entrance to Sheikh Saad remain open 24 hours day to allow residents to enter Jerusalem
Resident of the east Jerusalem neighborhood of Sheikh Saad will have to go through a special gate in the separation fence in order to reach Jabel Mukaber and the rest of Jerusalem, the High Court of Justice ruled on Monday.
The judges rejected a petition filed by residents of the village and partially accepted the defense establishment's stance, meaning the current situation will remain unchanged and the temporary fence in the area will become permanent.
The Sheikh Saad neighborhood borders Jerusalem's municipal boundaries from the east, and is located near the east Jerusalem neighborhood of Jabel Mukaber, which is included in the city's jurisdiction. According to the State's data, some 1,500 residents live in Sheikh Saad – half of them hold Israeli IDs and the other half are Palestinians.
In her ruling, Supreme Court President Dorit Beinish wrote that the gate in the fence near the village should remain, and should be fortified and adapted according to the area's security needs. She added that residents who are permitted to enter Jerusalem must be allowed passage through the gate at all hours of the day.
Beinish further wrote: "There is no doubt that the construction of the fence in the set outline will harm the residents of the Sheikh Saad neighborhood. According to the factual findings of the appeals committee, Sheikh Saad is closely linked to Jabel Mukaber and Jerusalem: A significant portion of the services provided to the neighborhood's residents – including education and health services – are received in Jabel Mukaber.
'Fence will harm residents'
"Residents of the neighborhood belong to families that live there and have family and social ties with this neighborhood. This means that the construction of the security fence along Jerusalem's municipal borderline in a way that creates a divide between the Sheikh Saad neighborhood and the rest of the neighborhoods of Jabel Mukaber and Jerusalem, could significantly harm the residents of the neighborhood."
Of the proposed solution, the Supreme Court president wrote: "According to the State's planning, the passage of the neighborhood's residents to Jerusalem will only be allowed through the Sawahra crossing, which will force them to take a long detour, which includes passing through checkpoints, to reach the vital services and realize their ties with the neighborhood they were a part of. This serious violation can be moderated and this should be done via a change in the passage arrangements set by the State, by leaving the gate at the entrance to the Sheikh Saad neighborhood open to its residents 24 hours a day."
Beinish said this solution would cause less harm to Sheikh Saad's residents. "Placing a gate in the security fence, at the entrance to the Sheikh Saad neighborhood, which would serve the neighborhood's residents 24 hours a day, will minimize, significantly, the damage caused to the residents, even if this puts a certain degree of strain on achieving security goals.
"The neighborhood's residents' access to Jerusalem will not be prevented, despite the fence separating them from the neighborhoods of western Sawahra, but it will limit access due to the need to pass through the gate that was fixed in the security fence."
