- Defense Minister Shaul Mofaz is ignoring a decision by
an appeals committee headed by a former Supreme Court justice, which ruled
that the settlers who are squatting in Arab-owned shops after torching
the buildings in the old Hebron market must be immediately evacuated.
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- The state said as much in response to a petition to the
High Court demanding that the court force the state to obey Justice Avraham
Halima's order. Malchiel Balas, head of the High Court of Justice Department
in the State Attorney's Office, wrote in a statement to the High Court
that the appeals committee had decided last January 7 to reject an appeal
by the "nonprofit organization of the renewers of the Jewish settlement
in Hebron" against the eviction orders issued against the settlers
who took over the Hebron market shops.
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- The eviction orders were issued by the Guardian of Government
Property, in response to a request made by Jerusalem attorney Shlomo Lecker,
in the name of four of the Palestinian shops.
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- Balas says in his response to the court that the defense
minister decided "in principle, that the Jewish settlers who are squatting
in the market should be evicted, as decided by the committee." But
in discussions involving the army, Shin Bet and State Attorney, "concern
was raised that evacuating the shops now would come at a steep cost, including
possible bloodshed and would require more military forces and resources."
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- Another argument made by the state to justify the defense
minister's non-compliance with the decision made by the Halima committee,
which has the authority of a court, is that evicting the Jews from the
shops "would make things more difficult for the nearby Palestinian
population."
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- According to Mofaz's decision, "from time to time,
the most appropriate opportunity for evacuation will be examined, taking
into consideration the complex military and security issues involved."
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