September 18, 2006
To:
Brig. Gen. Yair Naveh
Commander of I.D.F. Forces in Judea and Samaria
Police Commander Israel Yitzhak, Shai District
Col. Yair Lotstein
I.DF. Legal Advisor for Judea and Samaria
Subject: Blockage of entry to Palestinian homes, and continued failure to prevent attacks by settlers, in Hebron`s Tel Rumeida neighborhood
With reference to:
Our letters of April 29, 2003; June 15, 2003; March 1, 2004; June 24, 2004; April 29, 2005; and March 13, 2006; general written appeals sent to the Attorney General on November 29, 2004; June 26, 2005; and September 2, 2005; and your responses of November 16, 2005; November 17, 2005; and December 25, 2005.
1. This letter follows a long line of written interventions to you on behalf of Palestinian families living in Tel Rumeida, and it is our last attempt before resorting to legal recourse. We are writing on behalf of the family of Mr. Hasham Elaza, the family of Mr. Hisham Elaza, the family of Mr. Hani Elaza, the family of Mr. Raad Arab, and the family of Mr. Wael Sharabati.
2. The subject of this letter, as in the previous letters, is the severe and continuing violations of the human rights of Palestinians living in Hebron`s Tel Rumeida neighborhood, and the responsibility of the Israeli security forces – both the military and police – for this unlawful infringement of rights.
3. The security forces are responsible for the following unlawful actions:
A. Blockage of the main entrance leading to the homes of the Palestinian residents of Tel Rumeida, and the restriction implemented by the security forces that prohibits these families from using the entrance to their homes.
B. A perpetual lax approach to systematic and ongoing violence by Israeli settlers living or temporarily residing in the Tel Rumeida settlement, which has taken a heavy toll on the safety and property of the local Palestinian residents.
4. In recent years, Palestinians living in Tel Rumeida have been the victims of violent assaults on their persons and property. The perpetrators are settlers living in the Tel Rumeida settlement, built just above the Palestinians` homes, and visitors to that settlement. These are constant, daily attacks that threaten the Palestinian residents at all hours of the day and night. Hardly a day or night goes by without stones, heavy objects, garbage, or bottles being thrown into the neighborhood from the direction of the settlement, and the children of these Palestinian families are targets for assault on their way to and from school.
5. These violent attacks are perpetrated in full view of the IDF soldiers who are permanently positioned in the area, some of whom even occupy the observation posts set up on the roofs of the homes of the Palestinian families.
6. We have written to you on many occasions (see the references listed above) about the serious violence against Hebron`s Palestinian population in general, and about the violence against residents of Tel Rumeida in particular. We stressed the need for an appropriate response to the residents` distress, and we recommended a number of strategies for correcting the serious deficiencies in the approach to the problem.
7. To date, despite dozens of police complaints filed by Palestinian residents, and many others we have filed on their behalf, it appears that no action has been taken to bring the perpetrators to justice. Moreover, no action has been taken against the many Israeli soldiers serving in Hebron who acted contrary to their authority and duties by not protecting the local Palestinian residents and their property. In general, no essential, effective steps have been taken to prevent these violent acts from reoccurring.
8. It appears that the military`s response to settler violence against local Palestinians, as early as 2002, was to block the entrances to Palestinian homes, and prohibit the families living in these homes – and any other Palestinian – from using these entrances. As a result of these closures, the journey to and from home for the families has become both convoluted and dangerous, and involves climbing fences and ladders, which only the able-bodied can do.
9. In response to letters written about the matter by ACRI beginning in 2003, the entranceway was cleared a few times. To the best of our knowledge, for example, the blockade was removed in May 2005 following a directive by the I.D.F. Legal Counsel for Judea and Samaria. Despite this action, settlers continued, each day, to prevent Palestinians from entering their homes by placing obstacles (such as barbed wire, heavy objects, and pieces of metal) in their paths and by frightening them with repeated assaults.
A copy of our March 1, 2004 letter to the Attorney General, marked A, is enclosed here.
10. Whenever the blockade was, indeed, removed, it was not for long. In December 2005, the I.D.F. once again shut off the entrance to the homes. Our December 11, 2005, letter to you was a response to this action. After receiving no reply from you, we sent a follow-up letter on March 13, 2006.
These letters have been marked B and C, respectively, and are enclosed here.
11. On December 25, 2005, we received a letter from Captain Hamutal Shemesh which stated: “We will thoroughly investigate the matter with the relevant parties and will inform you of the results.” To date, apart from Captain Shemesh`s letter, we have received no other response concerning the matter.
12. On July 24, 2006, we received copies of orders for a military closed area and restriction on movement issued by the military commander in Hebron for the period between May 4 and November 3, 2006. As far as we can tell from the map you submitted to the High Court of Justice (H.C.J. 11235/04) and on which the orders were based, it appears that the closure applies also to the entranceways leading to the homes of Palestinians in Tel Rumeida.
13. The closure order issued by the military does not apply to persons listed in Israel’‘s population registry, or those who are eligible to immigrate to the country under the Law of Return. The order does apply to every Palestinian, including residents and property owners. As a result, the local residents, their relatives and acquaintances, and those who supply them with essential services must receive special permits from the I.D.F. commander. These permits may be granted or withheld at the commander’‘s discretion, and the application procedure (as expected) is an intolerable bureaucratic ordeal. The situation is quite different for every “Israeli” or person “eligible for return” (including those who took part in attacks on Palestinians and their property), who are allowed free and full, unconditional access. To the extent that the closure extends to the entranceway to our clients` homes, the military order is unauthorized, tainted by shameful discrimination, and blatantly contradictory to the authority and obligations of the military commander as determined by both international and Israeli law.
14. The violent attacks against Palestinians and their property – which take place in full view of the security forces which, by not intervening, are essentially giving their silent approval – coupled with the blockage of entranceways to their homes, has rendered the Palestinian residents` lives unbearable.
15. There is no question that it is the military commander`s duty to take every measure at his disposal to protect the safety and property of the local residents and allow them to conduct their routine lives normally.
16. This duty has recently been stated explicitly by the High Court of Justice: “…protecting the security and property of the local residents is one of the most fundamental obligations of the military commander” (H.C.J. 9593/04 Rashad Morar v. The IDF Commander in Judea and Samaria (2006, not yet published, Section 33 of the ruling). The Court specifically outlined the military commander`s duties, which include the obligation to avoid infringing on the right of access to land, to deploy forces to protect the safety of residents and their property, to immediately open an investigation when any incidence of violence is reported, and to bring lawbreakers to justice. These duties clearly apply, in our view, to the case of residents who are prevented from leaving or entering their homes and from living normal lives there.
17. In light of the above-mentioned situation, we ask that you do the following:
17.1 Order the immediate removal of physical blockades to the homes of Palestinian families living in Tel Rumeida, thus allowing these residents free and safe access.
17.2 Cancel the closure order and, if needed, issue a new order that includes only structures within settlements, as opposed to public walkways or structures belonging to Palestinians.
17.3 Act without delay, using every means at your disposal, to bring an end to the acts of violence against Palestinian residents and their property and to protect their well-being and security. These measures must ensure that the residents are given suitable conditions for leading their lives and are allowed to move freely, securely, and without fear in their neighborhood of Tel Rumeida.
We have outlined specific actions that need to be taken by the security and enforcement forces in our document of August 27, 2006, “Safeguarding Palestinians against Violence Perpetrated by Israeli Settlers – Recommendations for Handling Incidents of Settler Violence in Hebron.” A copy of the document, which was submitted to the Attorney General, has been marked D and is enclosed here.
The following are some of these concrete actions, which must be taken immediately:
The information contained in this letter, which we have repeatedly brought to your attention in previous letters, has not been addressed by you. More importantly, no action has been taken to address the severe violence and violations of the law that are described in this and all previous letters.
In the event that we do not receive a prompt response to the matter in question, we will be forced to take legal action.
Sincerely,
Atty. Limor Yehuda
last updated : 18/09/06
