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January 24, 2017 / 26 Tevet, 5777

Posts Tagged ‘eviction’

This Just In: Amona Capitulates Before the Court

Thursday, December 22nd, 2016

UPDATE: Amona residents filed a new commitment to the High Court, beating the deadline clock by one hour: “Will leave unconditionally” come February 8, which is the date of the extension the Netanyahu government has asked the court for.

A panel of three Supreme Court justices on Thursday morning rejected a statement from the residents of Amona, a Jewish community in Samaria which is slated for eviction and demolition Dec. 25, that, should the court grant them a 45 day extension, they would leave peacefully.

The court noted that the Jews of Amona did not offer an unconditional acceptance of the court’s demand for a guarantee of peaceful eviction, but instead conditioned it on the state’s living up to its promise to provide the residents with proper lodging in a nearby area.

In what has become a war of wills between the court and 40 Jewish families, including 200 children, the three justices, Miriam Naor, Esther Hayut, and Hanan Meltzer, informed the Amona community that they are giving them ex gratia another chance to offer their unconditional statement using the prescribed language.

The community has until 5 PM Thursday to capitulate to this blackmail note from the three justices.

David Israel

Outraged Amona Residents Reject Supreme Court Demand for Pledge of Eviction

Thursday, December 22nd, 2016

Amona residents on Thursday decided to reject a demand from the Supreme Court that they each sign a personal pledge to leave their homes peacefully in 45 days, regardless of whether or not the state had been able to create for them proper alternative housing nearby. The court expected those personal signatures by 10 AM Thursday local time.

The court responded to an appeal by the State Attorney, on behalf of the Netanyahu government and the AG, to extend the deadline for the demolition of Amona by 45 days. “In order to remove all doubt, all the respondents who are residents of Amona are requested to declare sincerely that they are unanimously committed to leave peacefully without altercation or resistance on the date the court would decide,” the justices demanded.

Insisting they must have the Amona residents’ signatures by Thursday morning, the justices also noted that their move does not necessarily mean they would ultimately grant the extension.

The residents, incensed over the court’s demand for individual commitments in writing, which would obviously open each adult member of the community to personal prosecution, based on the judgment of law enforcement personnel over just how well they complied with their promise to the highest legal authority in the land, told the court it should accept instead a group letter from the residents, stating their endorsement of an agreement they had signed with the state.

Several Amona residents accused the court of blackmailing them, since a refusal to comply with the court’s demand could leave them and their children homeless. One resident told Walla the court’s demand constituted a “grave harm to our right to dignity and to elementary living conditions. This to remedy a “miniscule damage, if at all, caused to the rights of claimants who have never worked the relevant plots and are mostly absentee landlords who in reality are not even present in the area.”

David Israel

State Asking Supreme Court Once More to Postpone Amona Evictions

Wednesday, December 21st, 2016

The state on Tuesday petitioned the Supreme Court again to postpone by 45 days the evacuation of the Amona community in Samaria, until February 8, 2017, Walla reported. The purpose of the new request, submitted following the approval vote by the Amona residents for a new eviction outline, is to allow for carrying out the court-ordered eviction in an orderly fashion. The court gave the plaintiffs, represented by abti-Zionist NGO Yesh Did, one day to respond.

The appeal to the Supreme Court was done upon a request from Prime Minister Netanyahu and Defense Minister Liberman, with the consent of AG Madelblit and State Attorney Nitzan. The petition states that given the complexity, sensitivity and explosiveness than normally accompany the expulsion of a community the size of Amona, with its 40 families and about 200 children, the state has invested efforts in finding a solution that would enable the removal of the residents using peaceful means, keeping to a minimum the harm to the families.

The postponement is required to complete the location of temporary lodging solutions for the Amona residents, as well as to the examination of the legal status of lot 38, which the state had originally considered to be abandoned land and now an Arab resident of Silwad has come up with a claim on 90% of the site.

The state declared that this is its final request for a postponement, and that it is determined not to ask for yet another delay, even should it become apparent that the new outline cannot be applied come February 8.

Yesh Din issued a vehement response to the postponement request, which probably sounds better in Arabic: “The state’s request to delay the evacuation of Amona is based on a corrupt deal between the government of Israel and lawbreakers, which constitutes a surrender to the blackmailing by a those who have been obliged by a court order to vacate the land they had invaded.”

David Israel

Netanyahu Reminds Amona in Letter: Israel is a Nation That Lives by the Rule of Law

Saturday, December 17th, 2016

Prime Minister Benjamin Netanyahu urged the residents of Amona and protesters who are gathering to stand with them in solidarity against eviction from their homes, to avoid violence, in an open letter posted Friday.

The prime minister also reminded the residents in the letter that he had ordered the government this past week to speed up demolition of illegal construction in the Arab sector. In addition, he urged parents not to allow their children and teens to be present at what promises at the very least to be a painful and chaotic protest.

Prime Minister Benjamin Netanyahu

Prime Minister Benjamin Netanyahu / screen capture

“Dear Residents of Amona,

“My heart is with you.

“We are living in a difficult time – for you, your families and for the entire people of Israel.

“The government is committed to the settlements of Judea and Samaria. We are more committed to this than any other government in the history of the State. As such, the minister’s of the government are making every possible effort – every effort – to find a solution that would allow the settlers to remain in place.

“We have dedicated days and nights to this – dozens of discussions – we have come up creative solutions, but sadly, these suggestions have not been accepted.

“One thing must be made clear. The State of Israel is a state that abides by the rule of law. The Court’s ruling binds us all, including those of us in the Israeli government.

“However, the law must also be equal. The same law that necessitates the evacuation of Amona also necessitates the evacuation of illegal building in other areas of our country.

“For this reason I ordered the demolition of illegal building in the Negev, Wadi Ara, the Galilee, the Central region – all over the country, which we will do in the coming days.

“I will not tolerate discrimination in the enforcement of building regulations between Israeli Jewish citizens and Israeli Arab citizens, between one person and the next.

“I will fight so that Israel will have one law for everyone, and one path to enforce it for everyone; something that has not been the case for several decades.

“I also turn to the beloved parents in Amona: Your protest is understandable, but it is no place for the presence of young boys and girls, nor for teenagers.

“I call on all leaders to show national responsibility during this time. The unity of Israel is one of our highest principles and it is the source of our strength. We are one people. We are brothers.”

Hana Levi Julian

State Attorneys to Request 1-Month Delay on Amona Evacuation

Sunday, December 11th, 2016

Attorneys for the state are expected to appeal to the High Court of Justice on Sunday, asking once more for a one month delay in the evacuation of families from their homes in the Jewish community of Amona, Israel Radio reported Friday.

Prime Minister Benjamin Netanyahu has said the delay is necessary to prepare temporary housing solutions for some of the 300 residents whose homes are to be demolished.

As it stands right now, the residents are slated to be expelled from their homes on December 25, if not before.

In 2006, residents and surrounding Israelis who stood in solidarity together with their neighbors fought against the evacuation when fewer than a dozen homes and structures were forcibly demolished in the same community. That expulsion swiftly became the most viciously conducted operation against Jews ever carried out by Israeli government forces in the history of the state. Both protesters and police were badly injured, with security horses used to trample some of those who were resisting evacuation, and batons used to batter and beat others. A number of people were permanently disabled; others were deeply traumatized.

The violence that took place was such that lawmakers and locals have never forgotten; the memory of “Amona” is seared into the consciousness of every Israeli who lives in Judea and Samaria.

Pro-“settler” Jewish Home party chairman and Education Minister Naftali Bennett has asked residents not to resist forces who come to evacuate them from their homes when the time comes.

But a growing number of IDF and Border Guard Police forces are also asking not to be involved in the evacuation process when the time comes to take Jewish residents from their homes.

The Hebrew-language 0404 website featured another handwritten letter alleged to be from one of the units Saturday evening, requesting not to be ordered to participate in the expulsion of Amona.

According to a report broadcast Saturday night by Channel 2 television news, each family evacuated from the community will receive financial compensation of approximately NIS 500,000 ($130,000), depending on the estimated value of their property.

The expulsion is due to an order by the Supreme Court, which in 2014 decided in favor of a petition by leftist groups working together with the Palestinian Authority, who claimed a portion of the community was built on privately-owned land that belonged to individual PA citizens.

Hana Levi Julian

Yesh Din NGO Insists No Remedy for Amona Jews, Only Full Demolition, Eviction

Wednesday, December 7th, 2016

The anti-Zionist NGO Yesh Din announced Tuesday night that the solution of moving the Amona residents to a nearby location where the land belongs to absentee landlords and could therefore be appropriated by the state “was never a possibility,” because those plots “have never been abandoned,” Walla reported. The NGO, which receives an annual budget of approximately $1.6 million from the EU, the UK, and a long list of European organizations, urged the Netanyahu government to “focus on its duty the evacuate Amona instead of trying to shirk its responsibility in many different ways.”

The Regulation Act attempting to deal with Arab claims against existing Jewish communities in Judea and Samaria was approved by the Knesset in a preliminary vote Tuesday, but only after the Habayit Hayehudi bill’s sponsors agreed to drop item 7, which says the new law would include retroactively the Arab claimants against Amona. In return, Attorney General Avichai Mandelblit promised his support to a solution that would include moving the expelled residents to a nearby three legal locations.

Now it turns out that Yesh Din has petitioned the Supreme Court regarding the ownership of two out of the three plots, which means the state may not declared the owners absentee landlords and may not appropriate them.

Initially, according to the proposal agreed upon by PM Netanyahu and Habayit Hayehudi Chairman Naftali Bennett and approved by the AG, the 42 Amona families were going to be moved to a 4.1 acre area. One of the plots was disqualified as unfitting for construction, leaving the remaining three plots which amount to 3.28 acres, where the new plan called for constructing 31 homes really close to one another.

The Amona residents, who were originally willing to go along with the new plan, are now fiercely against it, as one resident argued, “It amounts to stuffing us in caravans in a relocation camp, it doesn’t make sense.”

David Israel

State Asks for 7-Month Delay in Destruction of Amona

Monday, October 31st, 2016

The state has asked the High Court of Justice to delay the destruction of the Jewish community of Amona by seven months.

At present, the community is set to be demolished by the end of this year. A ministerial committee for legislation was set to vote this week on a bill that would have officially recognized Amona and other similar communities but the vote was delayed by a week.

A bill dubbed the ‘Arrangement Law,’ was introduced by MK Shuli Mualem-Refaeli of the Bayit Yehudi party. It proposes that homes built using government support should not be demolished if the claimants are able to show prior ownership. Instead, the land of the community in question would be confiscated by the state. The claimants would receive fair market value and the burden of proof would be moved to the Palestinian Authority claimants, away from the Jewish residents.

Representatives for the state said in their petition the delay is necessary in order to prepare a solution for the residents who are losing their homes.

One of the alternative placements where the residents may end up is in the Jewish community of Shvut Rachel, according to the court papers. The other site is not far from the community’s current location.

The attorneys for the state underlined in their petition that the state is not seeking the delay in order to keep Amona in its current location. Rather, the state is working on finding a solution that will allow for a “peaceful” evacuation, and to reduce tensions that have already skyrocketed over the issue.

Hana Levi Julian

Printed from: http://www.jewishpress.com/news/breaking-news/state-asks-for-7-month-delay-in-destruction-of-amona/2016/10/31/

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