April 6th, 2011

Press release – for immediate release

Following Yesh Din's petition:

Court orders State to explain why it will not demolish road to
"Hayovel" illegal outpost
High Court of Justice issues Order Nisi in a hearing of a petition filed by the
council head of the village of Qaryut with the assistance of human rights group
Yesh Din. The petition counters the paving of a road to the illegal outpost
"Hayovel", on privately-owned Palestinian land, in violation of an injunction
handed by the HCJ. Chief Justice Beinish: There was a ruling, and it is as if
nothing happened

The Israeli High Court of Justice (HCJ) issued today (Wednesday) an Order Nisi,
ordering the State to explain within 45 days why it will not demolish a road that was
paved between the settlement of Eli to the illegal outpost "Hayovel", on privately-
owned Palestinian land and in violation of an injunction issued by the court two years
ago.

The petition was filed by Abed Al-Nasser Hamed Labum, the head of the council of
the village of Qaryut, with the assistance of human rights group Yesh Din. The
petitioners claim that the road was paved on private lands, in violations of stop-work
orders and demolition orders issued. On April 6th, 2009, the High Court of Justice
issued an injunction, ordering a halt of all construction work, but despite the
injunction, the work continued.

In a statement issued prior to the hearing, the State claimed that since the road is not
the only thoroughfare to the outpost, the demolition orders should not be executed,
and requested to join this petition with a different petition filed against the outpost as
a whole.

In the hearing today, the three-judge panel rejected the State's position, and ordered
the State to explain why it did not demolish the road, and to update the court about the
police investigation of the violation of the injunction. "An injunction was issued, the
injunction was violated, and the road was paved despite of the injunction", said
Chief Justice Dorit Beinish in the hearing. "There was a ruling, and the problem
should have been solved – but it is as if nothing has happened".

"It is shameful to see how the State rushes to defend illegal construction which harms
the property rights of protected Palestinian civilians – instead of fulfilling its legal
obligations", says attorney Shlomy Zachary of the Yesh Din legal team. "A law-
abiding State is expected to enforce the law and not to accept such violations".

Yesh Din director, Haim Erlich, adds: "The State's conduct in this case is another
example of the way it is not executing its legal duties, and continues to ignore court
rulings".

For further information please contact Dana Zimmerman - +972-54-2457682