On October 26, 2015,
HaMoked filed its tenth petition against the recent punitive demolition orders the military had been issuing lately. The petition seeks the cancelation of the order for the demolition of a residence in Silwad, near Ramallah, which is the home of the family of one of the suspects in the attack on June 29, 2015, in which Malachi Rosenfeld had been killed. The apartment in question is located in an eight-storey building. A petition had already been filed on behalf of the suspect’s family, and this one was filed on behalf of the neighbors living in the same building.
In the petition, HaMoked held that the decision to demolish the family home was unbalanced “rather the implementation the government’s decision to demolish houses”. HaMoked reasserted that “even if, as the Respondent maintains, the demolition’s goal is deterrence, in practice, it harms innocent people and therefore, in the end result, it proves to be collective punishment”. HaMoked added that “harming innocent people, their property and life, is prohibited… breaching this principle, particularly on part of state authorities, sends severe message…. it is especially during these difficult times, that a restraining message is needed”.
On October 27, 2015, the court issued a temporary injunction, as it had done in
HaMoked’s nine previous petitions, which prohibits the demolition of the structure pending another decision. The court scheduled the petition for a hearing on October 29, 2015, and directed the state to submit its response by October 28, 2015, at 10:00.
Two more petitions were filed on October 27, 2015, in a bid to compel the military to cancel the two punitive demolition orders issued for two residences.
One concerns a residence in Nablus which is the home of the family of one of the suspects implicated in the attack on October 1, 2015, in which the Henkin couple had been killed.
The other concerns a the home in Jabal Mukabber of the family of the assailant in the attack on October 13, 2015, on Malchei Yisrael St. in Jerusalem, during which Yeshayahu Krishevsky had been killed. Right after the petitions were filed, the court issued temporary injunctions prohibiting further action pending another decision. In the decision, the court instructed the state to submit its response 24 hrs. ahead of the hearing, at the latest. The hearing on the petitions was set for November 4, 2015, at 9:00 a.m.
Thus far,
the military has issued orders for the demolition of nine homes. HaMoked has thus fat submitted 12 petitions to the High Court of Justice over the fate of these homes: eight of the petitions were filed on behalf of the families themselves; three on behalf of neighbors; and one on behalf both the family and the neighbors. There is still one more
objection – filed on behalf of the neighbors against the planned demolition in Surda – that is awaiting a military decision.
