To:
Mr. Meni Mazuz
Attorney General
29 Salah al-Din St.
Jerusalem
Re: ACRI’s demand for an urgent investigation and compensation for the demolition of a structure in contravention of an interim injunction issued by the High Court of Justice
1. We are writing to you to request your urgent intervention on behalf of Mr. Najah Sabti who owned a structure that was demolished in contravention of the interim injunction, issued on 6.12.05, which prohibits this action. The interim injunction included a directive to the supervisory planning committee and the respondents of the petition not to carry out the demolitions of the structures referred to in the petition, including a 410-meter building, which was built by the petitioner (herein the structure).
2. On 8.2.06 at approximately 8:30, a representative of the planning committee arrived to inspect the construction work of the aforementioned structure accompanied by an IDF soldier and a bulldozer. However, instead of carrying out a routine inspection the group proceeded to carry out the demolition.
3. Mr. Yaser Mlitatat arrived at the site and presented the committee representative with the court issued injunction and warned them that they were about to demolish a building in contravention of an injunction issued by the High Court of Justice. However, his appeal fell on deaf ears and a short answer by the committee representative who stated that his orders come only from the office of the Civil Administration in Beit El.
4. The same was true of Mr. Mlitatat’s repeated requests for a temporary stay on the demolition to enable him to make contact with officials at the Civil Administration to ask them to re-examine the issue and to revoke the demolition order. These pleas were also flatly rejected and even resulted in the forced removal of Mr. Mlitatat from the site.
5. At approximately 9:30, the undersigned managed to contact Captain Alex Aberbuch from the office of the legal advisor for Judea and Samaria who was asked to stop the demolition. Captain Aberbuch considered the case and responded by stating that he had been in contact with the committee’s representatives and had informed them that the structure in question was included in the interim injunction, which prohibits its destruction. Mr. Aberbuch further stated that the structure should not be destroyed now or in the future.
6. Despite the aforementioned, the structure was almost totally destroyed by individuals under the instruction of the supervisory planning committee.
7. The enthusiastic demolition of the building, and the refusal to adhere to the interim injunction that was presented at the site, represents a severe violation of an injunction that was issued by the High Court of Justice, contempt for the court, and disdain for the rule of law by those who have allegedly been appointed to ensure its enforcement.
8. In light of that set forth above ACRI demands:
a) An immediate and comprehensive investigation into the circumstances of the incident, and that the individual responsible stand trial.
b) The payment of appropriate compensation to the owner of the building in question as recompense for its illegal demolition.
c) That the supervisory planning committee comply with the interim injunction and desist from destroying all structures that are included in the aforementioned petition.
We respectfully request that you reply as soon as possible.
Attorney Azem Bishara
The Association for Civil Rights in Israel (ACRI)
Arik Ascherman
Rabbis for Human Rights
last updated : 21/02/06
