Last update - 15:20 08/09/2004
Court: Palestinian homes in southern Hebron Hills can stay
By Yuval
Yoaz, Haaretz Correspondent
The High Court decided Wednesday that it would leave intact an injunction barring the IDF from demolishing tents, caves and structures inahbited by a Palestinian community in the southern Hebron Hills, close to the West Bank settlement of Susiya.
The legal battle of the 300 Palestinians residing in the area began three years ago, when they were evicted by the IDF after a settler, Yair Har Sinai, was murdered in the area. The IDF also destroyed some of the makeshift homes.
During a hearing held Wednesday afternoon, Justices Ayala Procaccia, Asher Gronis and Esther Hayut suggested that the attorney representing the Palestinian residents should try and obtain from military authorities a permit that would legalize the existing structures.
The justices lashed out at the state after learning that illegal structures were destroyed three years ago without a permit, apparently on order of a low-ranking officer.
The Palestinians were then barred from reconstructing the structures. The state admitted the demolition was executed illegally.
Justice Procaccia said that "the state did not establish a legal procedure which would allow for a building permit, hence the state is not carrying out its duties and is creating a situation under which a human?s basic existence becomes impossible."
Justice Hayut pointed to the absurdity of the situation, saying "the state admits an unauthorized action was carried out, which resulted in the demolition of structures that constituted the bare minimum in living conditions."
She also condemned the Palestinians' need for an "unattainable permit" in order to rebuild.
Both sides agreed to a compromise, according to which the petitioners will apply for permits for existing structures from IDF authorities, and the state will honor the court injunction and avoid demolishing any further structures.
