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Supreme Court President Judge Dorit Beinish
Photo: George Ginsburg
Judge Hanan Meltzer
Photo: State Judiciary Authority website

High Court criticizes State over razing stalling tactics

'Priorities are the magic word but they are never set into motion,' says Judge Beinish during hearing on illegal construction in Beit El settlement

Supreme Court president harshly criticises State: During a heated hearing over the State's conduct in connection with the illegal construction of five buildings in Beit El, Supreme Court President Dorit Beinish said Monday that "priorities are the magic word. Priorities have never been set into motion. Where are these much spoken of priorities?"

 

At the end of the hearing, High Court judges ruled that the State must put a stop to the construction of the five illegal buildings and ensure that they aren't inhabited. The judges instructed the settlers to stop all construction on any land classified as private property.

 

During the hearing, Judges Beinish, Hanan Meltzer and Edna Arbel leveled harsh criticism against the State. Beinish told the State representative: "You say you intend to demolish, but you do nothing."

 

Judge Meltzer also reprimanded the State representative: "You constantly speak of priorities; perhaps you don't have enough enforcement capabilities such as manpower and funds. You need to tackle the issues.

 

"When there aren't enough enforcement capabilities it seems that it's enough to demolish one house a year. You issue warrants but no one takes any notice. Not even you. You keep using the word priorities – that is unacceptable and it isn't an answer. Give an accurate account."

 

Judge Beinish continued the attack against the State: "We issued interim injunctions, they were violated. Allowing construction to continue negates what you are saying. The main problem in my opinion is that this is private land."

 

Judge Meltzer then responded to Beit El local council claims that no one has the authority to demolish the houses: "Do you have the authority to connect these houses to the infrastructure? Are you responsible for the infrastructure? It doesn't just fall from the sky."

 

Attorney Shlomi Zecharia, who together with attorney Michael Sfarad, Avishar Lev and Muhammad Shakier filed the appeal on behalf of the Yesh Din organization at the end of the hearing said: "The Supreme Court today signaled to the enforcement elements that it will no longer accept their willful ignorance and the ongoing failures caused by lack of enforcement.

 

"This is actually the first time where the state has been given the active duty of enforcing injunctions it issued to begin with. The court has once again stressed the importance of safeguarding private Palestinian land which is exposed time and again to negative actions."

 

This isn't the first time that Judge Beinish addressed the issue of the State's priorities on settlement issues. In September, she criticized the State's proceedings during a hearing held over a petition filed by Yesh Din, which demanded that structures near the settlement of Beit El be demolished.

 

"We discuss many such cases, yet despite the State's declarations regarding its priorities, the orders are not being implemented in any of the cases. There are no priorities because nothing is being done," Beinish said at the time.

 

 


פרסום ראשון: 01.24.11, 15:12
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