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17.6.2015

The HCJ approved the sealing of the room of Yehuda Glick's shooter: the justices ruled that the sealing decision was proportionate and "moderated"

On December 31, 2014, the High Court of Justice (HCJ) rejected the general petition against the Israeli policy of punitive house demolition, filed by several human rights organizations headed by HaMoked. That same day, the HCJ also rejected HaMoked's petitions against the demolition of the homes of the families of three assailants from East Jerusalem. In another petition filed by HaMoked on behalf of the family of the shooter of far-right wing activist Yehuda Glick, the court issued an order nisi instructing the state to explain why it should not refrain from demolishing the home in East Jerusalem. The court held that given the reduced severity of the case that did not end with fatalities, a more proportionate measure should be considered rather than the demolition of the home.

On March 2, 2015, in its affidavit of response, the state announced it had decided only to seal the shooter's room and not to seal or demolish the rest of the house. Still, the state reiterated its position that the outcome of the deed which prompted the demolition should not be assigned a crucial weight, as, in the state's opinion, house demolition pursuant to Regulation 119 of the Defense (Emergency) Regulations, was intended for deterrence.

On June 15, 2015, the court approved the sealing of the room, ruling that the new decision gives "expression to proportionality that is relevant even when dealing with deterrence". With this, the order nisi became invalid, and the petition was deleted.
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