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Today: Dec 16, 2017

Evacuation order against a Jerusalemite family

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Evacuation order against a Jerusalemite family

Lawyer Dina Shibli from the Jerusalem Center for Social & Economic Rights (JCSER) and the Israeli Prosecution Offices lawyer have submitted two petitions to the Israeli Central Court against the Jerusalem Municipal Courts Judge, for refusing a settlement reached between the lawyer and the Prosecution Offices lawyer concerning a building violation committed by Inshirah Abu Kaf, a resident of Sur Baher neighborhood, south of Occupied Jerusalem.

 

Following lengthy negotiations, the Centers lawyer succeeded in reaching a settlement with the Prosecution Office, under which the bill of indictment submitted against Inshirahs daughter, Najah Abu Kaf, will be dismissed. The settlement also stipulates that a fine of NIS 45,000 requested from Inshirah Abu Kaf will be paid in monthly installments of NIS 500, and the demolition order against her house will be postponed for 15 months, during which Inshirah will obtain a building permit, apply for a permit. The order will be postponed until she obtains a permit. Inshirah also signed a commitment not to commit another violation.

 

 

 

We explained the settlement, in detail, to the Jerusalem Municipal Courts Judge, including the difficult conditions faced by Inshirah Abu Kaf and her family. However, the Judge refused the settlement and issued a completely different decision to that reached with the Prosecution Office. The decision stipulates that the house shall be evacuated by 1 April 2003, and a fine of NIS 30,000 be paid. It states that the settlement proposed to the Municipal Court does not punish those whom he describes as, law violators, but instead rewards them, the Centers lawyer said.

 

The Judge regards the evacuation decision as important, as it facilitates the carrying out of the police and supports those in charge of implementing the ruling. It is necessary, in such cases, to issue an evacuation order, because most orders issued by the Municipal Court have not been implemented. However, law violators continue to use their houses and their numbers continue to increase throughout the years, the Judge added.

 

The Centers lawyer described the Judges decision as racist, unfair and unacceptable, given that he ignored the personal conditions of the client. He made a mistake by refusing the settlement reached by the parties [lawyer & Prosecution Office].

 

 

The Centers lawyer appealed against the Judges decision, which will be examined by a committee of three other judges. The Prosecution Offices lawyer also appealed against the Judges decision to refuse the negotiated settlement.

 

According to the Centers lawyer and the Prosecution Offices lawyer, the Judge did not abide by the rule, under which the Judge should, in most cases, respect settlements between parties. The settlement was unanimously approved by nine judges of the Supreme Court.

 

The Center regards the Judges decision as a clear example of Israels racist policies towards Palestinian Jerusalemites, which aim to deny them their social and economic rights. It is strange that a judge turns down a settlement between parties who have decided to reach a settlement. He chooses to escalate the situation instead of accepting the settlement, it notes.

 

Inshirah Abu Kaf was forced to build a house, with a total area of 160 square meters, in Sur Baher neighborhood, to provide a shelter for her three children, all of whom are under 18 years old. She is the only breadwinner for her family and takes home a basic wage. Her husband, who has a Jordanian citizenship, is unemployed and suffers from diabetes.

 

 

In January 2002, a bill of indictment was submitted against Inshirah Abu Kaf and her daughter Najah, both of whom were accused of building a 182-square-meter house without a permit, even though Najah is married and lives in another house.