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House seizure without a warrant and property damage by soldiers: the case of SZ
2914/91 | documents: 1  |  Updates: 0 Early in 1990, soldiers took possession of the roof of SZ's family home in the Duheisha Refugee Camp and set up an observation post on it, without presenting a seizure order. During the many months they remained stationed on the roof, the soldiers caused a lot of damage to the family’s property, threw garbage inside the house, relieved themselves in full public view, and in addition, beat and cursed the owners. SZ complained to the military administration officer in Bethlehem to no avail. The soldiers' unruly behavior only worsened. 

In May, 1991, HaMoked contacted the military legal advisor for the West Bank demanding the observation post be removed from the family's home. In June 1991, in the absence of any pertinent reply, HaMoked petitioned the High Court of Justice. Two weeks later, the military removed the observation post from the roof, and in September 1991, the petition was deleted at HaMoked's request. However, the soldiers returned to the roof in a matter of days. Again, the observation post was removed only after HaMoked intervened by contacting the State Attorney's Office. 

After the petition was deleted, HaMoked contacted the Ministry of Defense on SZ's behalf, demanding compensation for the requisition of her roof and the damages caused by the soldiers. In December 1991, SZ received NIS 3,235 in compensation. But her ordeal was not yet over; less than six months later, the soldiers took possession of her roof to use as an observation post, again, without presenting a seizure warrant. For the third time, the post was removed only after HaMoked contacted the military legal advisor for the West Bank. On this occasion, the forces in the area were expressly ordered to keep off SZ's roof.

HCJ 2914/91 - Zarzara v. IDF Commander in the West Bank Petition
Petition to HCJ  |  2914/91  |  14.6.1991 (02) 627 1698   (02) 627 6317

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