Security Prisoner
Security Detainee
Administrative Detainee
Total
25.3.2018

The HCJ rejected a petition by the family of the victims in the lethal attack in Halamish to completely demolish the attacker’s family home: the attacker's family was not given the opportunity to plead its case before the court

On March 22, 2018, the High Court of Justice (HCJ) rejected a petition filed by the family of the victims in the lethal attack in Halamish on July 7, 2017. In the petition, the family requested that the court order the military to demolish the home of the attacker’s family in its entirety, claiming that the demolition of the first floor alone did not create sufficient deterrence. The first floor of the house was demolished on August 16, 2017.

In its judgment, the court repeated its pronouncement in HCJ 5943/17 that “care should be taken to abide by the principles of reasonableness and proportionality even when dealing with a severe and murderous attack”. The court found that "there was no residential link between the attacker and the second floor, which is still under construction; that that part of the house was not owned by the attacker and was not used by him previously or intended for his use. As such, the military commander acted appropriately when ordering the demolition of the first floor alone…".

It must be noted that, improperly and outrageously, the entire proceeding was conducted with no representation of the family whose home was considered for further demolition. Even the court did not see fit to address the question of adding them as a party to the proceedings, and did not request that their position be presented.
mail@hamoked.org.il (02) 627 1698   (02) 627 6317

red-id | רד אינטראקטיב