Professional Documents
Culture Documents
HCJ 9669/10
The plot is located next to the headquarters of the Civil Administration (which is in
charge of enforcing the planning and building laws in the West Bank). The illegal
construction – conducted without building permits or a valid outline plan, and on a
private plot of land seized for military purposes – did not go unnoticed by the Civil
Administration’s inspectors, who issued stop work and demolition orders for the
buildings. However, as in many other cases, the Civil Administration did nothing to
enforce the orders, and the construction on Qasem’s land continued undisturbed.
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Yesh Din Volunteers for Human Rights
The construction on Qasem’s land continued undisturbed, despite the stop work and demolition
orders issued against the buildings. Right: the construction on December 5, 2010; Left: the
construction on January 23, 2011.
Following the petition and a hearing that took place in court, on January 24, 2011,
the HCJ issued a temporary injunction ordering the respondents to prevent the
inhabitation of the empty apartments in the buildings and preventing their continued
construction and attachment to infrastructure. The order imposes a positive obligation
on the State to enforce the stop work orders that it has issued against the illegal
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Yesh Din Volunteers for Human Rights
buildings. The court also issued an order nisi ordering the law enforcement agencies
to explain why the final demolition orders it issued against those buildings were not
executed.
This petition was submitted as part of an ongoing project by Yesh Din in which the
organization aims to promote the effective and practical enforcement of the law
required to defend Palestinian rights to land that is stolen by Israeli settlers. As part
of this project Yesh Din assists Palestinian residents in a variety of legal actions to
defend their rights to land stolen to build settlements and outposts without an effective
response by the Israeli authorities on the ground.
Dozens of cases are currently pending in various stages of legal proceedings as part
of Yesh Din’s activity, most of which consist of petitions to the High Court of Justice
and, as in Qasem’s case, concern illegal construction not adequately addressed by
law enforcement agencies and sometimes even assisted by state agencies on the
ground.
Even though the courts so far have avoided rendering explicit and binding rulings as
to the state’s duty to execute demolition orders, petitioners have made considerable
gains with Yesh Din’s assistance as part of its activity on land issues. Among those
gains are numerous petitions in which the court issued temporary injunctions
forbidding the continuation of the illegal activity. This was the case, for example, in
a petition against the continued construction and inhabitation of nine houses in the
settlement of Ofra on the private land of residents of the Village of Ein Yabrud (HCJ
5023/08); a petition against the construction of houses north of the settlement of Beit
El on the private land of residents of the village Dura al-Qara, in Jabel Artis (9060/08);
and a petition against paving a road connecting the settlement of Eli and the outpost
of Hayovel, part of which was being paved on private Palestinian land (HCJ 2759/09).
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Yesh Din Volunteers for Human Rights
The organization attained other important achievements when the HCJ issued orders
nisi ordering state agencies to explain why they were not fulfilling their obligations.
Examples of cases in which these orders were issued include: a petition demanding
the evacuation of the illegal outpost of Amona, built on privately-owned Palestinian
land, and the removal of a fence erected on the land and preventing its owners’ access
to it (HCJ 9949/08); a petition by residents of the Village of Ni’ilin to execute demolition
orders against a park built on the villager’s land for the settlement of Modi’in Illit (HCJ
3402/09); and a petition by the residents of Ein Yabrud concerning a waste treatment
facility for the settlement of Ofra, built illegally on their land (HCJ 4457/09).
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