The Minister of Justice responded to the High Court's decision to demolish the buildings in the locality: "This is a difficult decision, I will turn to the ombudsman" • However, he rejected the attacks from the right • MK Shaked: "Justice is not here"
Nissenkorn will ask the ombudsman for a further hearing
Photo:
Oren Ben Hakon
After the High Court today (Thursday) ordered the immediate demolition of 56 buildings built on private Palestinian land in the Mitzpe Karmim outpost, Justice Minister Avi Niskoren said he intends to approach the Attorney General and ask him to consider submitting a request for further hearing. At the same time, Nissenkorn Supreme Court decision.
Evacuation of the Ma'ale Shai outpost today
In a Twitter tweet, Nissenkorn wrote that "the High Court decision adopts for the first time the principle of the regulation of the market regulation, the use of which will allow the series of many hundreds of houses in Judea and Samaria. I welcome this, "he wrote at first, and then added," However, this is a difficult decision in relation to the residents of Mitzpe Karmim who moved their place to the place in the belief that it is land occupied by the army. "
Therefore, I intend to contact the Attorney General and ask him to consider filing a request for further hearing.
Of course, any Supreme Court decision must be respected. I strongly reject the blatant attacks against this important institution, which is a cornerstone of our democracy.
- Avi Nissenkorn (@AviNissenkorn) August 27, 2020
"Therefore, I intend to contact the Attorney General and ask him to consider filing a request for further hearing." At the same time, the Minister of Justice went on to dismiss the attacks against the court. "Of course any Supreme Court decision must be respected. I strongly reject the blatant attacks against this important institution, which is a cornerstone of our democracy."
On the right, they attacked the High Court's decision sharply. The former Minister of Justice, MK Ayelet Shaked (right), reacted to the decision by saying that it was a "cursed ruling of the High Court." Justice is probably not here. The ruling of the Jerusalem District Court, the approval of the ombudsman, the support of the entire political echelon and also the minority opinion of Judge Neil Handel are not enough to do the right thing, "she wrote on her Twitter account. "Residents of Mitzpe Karmim, we will think together in the coming days what is the right thing to do. This ruling should be reversed, either in legislation or in another discussion."
Cursed ruling of the High Court. Justice is probably not here. Judgment of the Jerusalem districts, approval will be granted, support of the entire political echelon and also the minority opinion of Justice Handel are not enough to do the right thing. Residents of Mitzpe Karmim, we will think together in the coming days what the right thing to do this ruling should become. Or in legislation or further discussion.
- Ayelet Shaked ayelet shaked (@Ayelet__Shaked) August 27, 2020
The B'Tselem organization said: "All pity for the cruel is cruel to the merciful. The same High Court that regularly forbids the demolition of terrorist homes, requires the demolition of settler homes. This is a moral injustice. We will work to restrain the power of the High Court until it returns to its natural place and stops harming people. "
Meir Deutsch, director general of the Regavim movement, attacked the verdict: Moreover, the High Court raises the palm of the D9 and leaves no stone unturned. "Deutsch added that the rulings of the High Court in recent years show that" he is not interested in either law or justice, but is an execution arm of the political positions they hold. Supreme Court justices. "
Advocate Eran Ben-Ari, spokesman for the If You Will movement, said that this was a "difficult decision by the High Court that harms the families of the dead that the state sent to the place." "Israeli sovereignty must be applied immediately to settlement in Judea and Samaria and the Jordan Valley, and the recurrence of such cases must be prevented in the future."
Attorney General Avichai Mandelblit's position that buildings can be recognized retrospectively in case the seller and buyer thought in good faith that they were state lands was accepted by the High Court, but did not rule that in this case the state did not act in good faith because it ignored clear signs for years. The ruling was given by a majority opinion of President Esther Hayut, Vice President Hanan Meltzer against the minority opinion of Justice Neil Handel.
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The ruling states that the High Court accepts in principle the market regulation, according to which in case the conditions are met, transactions made with the Commissioner of Government Property and Abandoned, if made in good faith, can be recognized in an asset that the Commissioner considered at the time of the transaction to belong to government property. In Judea and Samaria there are about a thousand buildings that are in this status, so the ruling is a principled and important determination.
In the case of Mitzpe Karmim, the judges believed that the Commissioner of Government Property in the Judea and Samaria area and the Zionist Organization did not pass the good faith test because "he closed his eyes from seeing the multiple warning signs that had been inside for many years." Since part of the responsibility falls on the shoulders of the state, the evacuation will take place within 36 months from today and only after the outpost residents find an alternative solution that will include the allocation of land on state lands and the construction of alternative structures.