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Daily Israel Report

Fighting The Dismantlings In The Courts

"Professors for a Strong Israel" has filed a petition in the Supreme Court against the orders to uproot unauthorized outposts in Yesha (Judea and Samaria). The orders were decided upon by Prime Minister Sharon and Defense Minister Mofaz, and the petition will be heard this Monday.
First Publish: 1/4/2004, 1:06 PM / Last Update: 1/2/2004, 3:21 PM

"Professors for a Strong Israel" has filed a petition in the Supreme Court against the orders to uproot unauthorized outposts in Yesha (Judea and Samaria). The orders were decided upon by Prime Minister Sharon and Defense Minister Mofaz, and the petition will be heard this Monday.

The government issued the dismantling-and-expulsion orders in a special process designed to bypass the existing regulations regarding the demolition of buildings in Yesha. The orders have been issued against four outposts, including Ginot Aryeh - a neighborhood of Ofrah in which reside three families and 20 singles.

Among the petitioners is Law Prof. Talia Einhorn, who told Arutz-7 that there are many legal problems with the manner in which the Prime Minister and Defense Minister are attempting to uproot the outposts. "For one thing," she noted, "they based their orders on the Cabinet's approval of the Road Map - but the Cabinet itself stipulated at the time that there must be an end to terrorism in order for the Road Map to proceed."

Prof. Einhorn warned that if the uprooting orders are deemed legal, "they can be used against any place in Yesha - including even the city of Ariel" with its close to 17,000 inhabitants. "The current orders do not follow the guidelines set by the Supreme Court in June 2003," she said, "which state that citizens must be given a truly fair chance to present their defense against uprooting, and that the orders must be issued to a specific person, regarding a specific person and a specific location."

The professor noted that it has happened in the past that the "Supreme Court held up the demolition of Arab structures used for terrorist attacks in order to enable a proper hearing beforehand."

Yet another point Prof. Einhorn raised against the expulsion orders is their "discriminatory nature," and that the relevant construction laws are enforced in Yesha in a "selected and bias manner."

MK Michael Eitan, Chairman of the Knesset Law Committee, said this week,
"I read that [some are complaining that] the laws governing the uprooting of outposts and the like are too complex. I don't understand; these laws are *supposed* to be complex! It's obvious that when the government wants to harm the basic rights of citizens, there must be ways for them to defend themselves - and if takes extra time, [so be it]. The answer is not to take shortcuts, but to preserve civil rights."