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On letterhead of Eitay Mack, Advocate
Sunday, April 15, 2018
|Major-General Roni Numa
GOC Central Command
|Colonel Eyal Toledano
Legal Counsel Judea & Samaria
|Lieutenant Bar Naorani
Public Inquiries Officer
The Civil Administration
Re: Lack of enforcement in the violent, unauthorized Israeli outposts in Um Zuka and in the area of Mehola Junction
- This application is filed on behalf of human rights activist Guy Hirschfeld, human rights activist from MachsomWatch, Daphne Banai, and human rights activist from Combatants for Peace, Itamar Feigenbaum (powers of attorney are annexed hereto).
- In the last 18 months or so, we have repeatedly applied to you in respect of the continued construction it these two outposts, as well as the violence which is exerted by the settlers therein against the surrounding Palestinian population.
- On November 30, 2016, the GOC Central Command undertook in his letter that “insofar as work shall continue, contrary to the warrants, supervision acts shall be taken against the construction tools“.
- On November 29, 2017, we received a letter from Major Eli Levertov, Bureau Chief for the Military Advocate General, whereby “it transpires from our investigation of the matter that the construction of the individual farm was stopped in view of steps taken by State agencies; supervision proceedings were taken against the buildings already constructed, by the Judea and Samaria authorities, operating by virtue of the powers of the GOC Central Command. Contrary to the impression that might arise from the insinuations, the Judea and Samaria authorities act to enforce the law, including the elimination of zoning delinquency and the prevention of expansion of illegal construction“.
- On January 1, 2018, the Public Inquiries Officer at the Civil Administration, Lieutenant Bar Naorani, informed us that “residents of the Um Zuka outpost have no herding permit from the Civil Administration, neither in the fire zone nor in general“.
- The aforesaid notwithstanding, both outposts continue to expand without limitation. Photos taken on April 11, 2018, of two new buildings which were recently added there are annexed hereto.
- For their own reasons, the Legal Counsel for Judea & Samaria, the GOC Central Command and the Public Inquiries Officer at the Civil Administration, avoid responding why after approx. 18 months the buildings in these two outposts are not demolished, construction materials and machinery are not confiscated, and no vacation warrants have been issued to the settlers who are present therein, by virtue of the warrant regarding unauthorized buildings (Judea and Samraia) (no. 1539), 5764-2003, as issued to the residents of the Amona outpost.
- There is no reason why settlers would be allowed to stay in those two outposts and intimidate the Palestinian population in their surroundings. If the settlers wish to object to the illegal construction proceedings, they can do so without actually staying in the outpost.
- Insofar as the Central Command and the Civil Administration intend to recognize the said two outposts, they must give immediate notice to that effect, thus taking the tried and true route rather than resorting to the method which is described in the “Opinion regarding Unauthorized Outposts” which was written in 2005 by Adv. Talya Sasson – whereby illegal outposts became permanent settlements due to the authorities’ cooperation.
- In view of the recurring applications with respect to this matter, which remain unanswered and lead to no change in the actual situation, we would appreciate the immediate intervention of the Military Advocate General.
Eitay Mack, Adv.