Legal aid organization: Expulsion executed illegally

Honenu attorney contacts OC Central Command, claims warrant ordering Amona expulsion not in force.

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Yedidya Ben-Or,

Violence at Amona
Violence at Amona
Flash 90

Attorney Menashe Yaddo of the Honenu legal aid organization contacted the OC Central Command, Roni Numa, and wrote that the Amona expulsion was carried out illegally since it commenced before the date the order took effect, an order which did not even authorize removal of residents from the area.

Attorney Yaddo wrote that troops did not present the expellees any warrant or legal document on which to base the expulsion and thus acted unlawfully.

"The only order posted in the area appeared on January 31, 2017 at 13:00 in the afternoon or thereabouts. This order does not establish grounds for eviction, for all of the following reasons:

"Section 4A of the order states that it comes into effect 48 hours from the order's publication, that is, on February 2, 2017 at 13:00 and not earlier. Therefore, all evictions executed at the place were carried out illegally.

"Section 4 of the order deviates - intentionally, it seems - from Article 4 of Authorizing Order #1539 that sets an eight-day delay from the publication date until the order becomes valid for execution. At first glance, it is unclear how you can sign a warrant supported by an Authorizing Order while knowingly deviating from the provisions of the Authorizing Order. It is superfluous to add that the Authorizing Order takes precedence and therefore the order did not become valid until February 8, 2017.

"The Authorizing Order and subsequent orders based upon it are often interpreted in court rulings, also very recently, as orders that do not prohibit continued presence that does not involve construction activities, and the legal advisor consulted by the command knows or should know of this ruling."

Attorney Yaddo added that the District Court's recent ruling poses a question about whether or not it is possible to expel someone staying in the area for reasons not connected with construction, but in any case determined that it is impossible to do so before the passage of 8 days from the order's date of publication.

Attorney Yaddo also added that his letter comprises an official objection to the Order: "I request that you consider this letter an objection under Article 8 of the Authorizing Order that cancels your legal right to operate under the order until a hearing of the objection takes place. The bottom line is that a zoning order is not sufficient to carry out an evacuation order, therefore in practice the action is rendered illegal."