donderdag 27 november 2008

Hooggerechtshof ontevreden over uitblijven ontruiming Migron

 
Deze zaak is een goed voorbeeld van hoe radikale kolonisten de boel vaak steeds weer weten te rekken en te traineren, en hoe slap de Israelische regering daarop reageert. De bewoners van Migron hadden daar nooit mogen gaan wonen en de staat had ze al lang moeten verwijderen, maar stelde dat steeds weer uit.
 
RP
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The Jerusalem Post
Nov 26, 2008 12:38 | Updated Nov 26, 2008 18:14
 
Court queries state's Migron position
By JPOST.COM STAFF AND AP
http://www.jpost.com/servlet/Satellite?cid=1226404841561&pagename=JPost%2FJPArticle%2FShowFull


The High Court of Justice on Wednesday asked the government to explain within 45 days why it shouldn't use all means necessary to remove the unauthorized Migron outpost in the West Bank.

The court was responding to an appeal by Peace Now and the Palestinian land owners, who asked for an immediate eviction of the Migron settlers. An attorney for the land owners said the temporary ruling paved the way for an eviction order.

On Monday, the state informed the High Court that it planned to move the 46 families living in Migron to the nearby settlement of Adam in an area designated for residential housing. But it also made clear that it would take years before the occupants of the outpost, located a short distance north of Jerusalem, actually move.

"It must be stressed," the state's representative, attorney Aner Hellman, wrote in a brief to the court, "that we are not talking about moving Migron in the near future, considering that we must first implement planning procedures and then carry out the actual building at the new site."

In its brief, the state included a letter from Danny Dayan, who heads the Council of Jewish Communities of Judea, Samaria and the Gaza Strip, agreeing to the government's proposal. Hellman wrote that the state had offered the council three options, but the council preferred to leave the decision to the state.

In a letter dated November 10, Dayan wrote that the council accepted the Adam site and "would act, to the extent that it depends on us, to advance the plan in order to implement it without delay."

For more than two years, settlement representatives and the state have been negotiating a deal that would prevent forced evacuations among the 101 unauthorized outposts in the West Bank. Migron, which is one of the largest of these outposts, is often seen as an acid test for such a deal, in which some of the outposts would be legalized and others moved to a nearby location.

Peace Now has in the past attacked the deal, which it said rewards settlers for breaking the law and contradicts international pledges that Israel has made to take down the outposts.

Migron was established in 2001, when settlers asked for permission to build a cellular antenna on a hill overlooking Highway 60, near the settlement of Kochav Ya'acov. The following year, settlers began moving mobile homes to the site without permission. By 2006, some 46 families were living there.

The state agreed with the petitioners that the outpost was illegal and must be removed. However, it repeatedly sought to postpone a hearing, either on the grounds that a new defense minister (first Amir Peretz, then Ehud Barak) had taken office and had to become acquainted with the issue, or because the state wished to reach an agreement with the settlers regarding the evacuation.

In January 2008, the state informed the court it would evacuate Migron in August if it could reach an agreement with the settlers by that time. In August, it informed the court that the settlers had agreed to move to one of three sites. It then asked for three more months to complete negotiations with settlement leaders.
 

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