HaMoked to the military: the families of the perpetrators of the Itamar attack must be given advance notice and the right to be heard concerning the intent to demolish their homes המוקד להגנת הפרט
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06.07.2014
HaMoked to the military: the families of the perpetrators of the Itamar attack must be given advance notice and the right to be heard concerning the intent to demolish their homes
HaMoked to the military: the families of the perpetrators of the Itamar attack must be given advance notice and the right to be heard concerning the intent to demolish their homes
On July 3, 2014, two days after the High Court of Justice (HCJ) authorised the partial demolition of the house of the brother of a man accused of a shooting attack, HaMoked learned that military representatives had arrived late at night to the village of 'Awarta to conduct measurements at the family homes of two men convicted of the killing in March 2011 of the Fogel family at the Itamar settlement, presumably in preparation for their demolition.

That same day, HaMoked sent an urgent letter to the military, demanding to be notified immediately if the homes were indeed slated for demolition, and if so, to allow the occupants to submit their reasoned objections in advance. HaMoked stressed that in the absence of a prompt reply, it would consider petitioning the HCJ.

On July 6, 2014, the military's response arrived, stating that "no decision has yet been made concerning the structures"; and that should such a decision be made, the military forces would act "according to the legal stipulations, including the provision of the right to be heard and object to the occupants of the structures".

Note that according to media reports, the Israel Security Agency (ISA) had recommended back in 2012, that the homes of the two assailants from 'Awarta be demolished "to fortify the aspect of deterrence among potential terrorists", but this recommendation was rejected by the Attorney General.

In the past five years, Israel refrained from demolishing houses as punishment for participation in lethal attacks, based on the conclusions of a military committee, whereby such demolitions were more harmful than beneficial. However, as stated, last week, the HCJ sanctioned the return to the policy of punitive house demolitions, accepting the state's claim that due to the "extreme" deterioration in the security situation, it was now required.
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On July 3, 2014, two days after the High Court of Justice (HCJ) authorised the partial demolition of the house of the brother of a man accused of a shooting attack, HaMoked learned that military representatives had arrived late at night to the village of 'Awarta to conduct measurements at the family homes of two men convicted of the killing in March 2011 of the Fogel family at the Itamar settlement, presumably in preparation for their demolition.

That same day, HaMoked sent an urgent letter to the military, demanding to be notified immediately if the homes were indeed slated for demolition, and if so, to allow the occupants to submit their reasoned objections in advance. HaMoked stressed that in the absence of a prompt reply, it would consider petitioning the HCJ.

On July 6, 2014, the military's response arrived, stating that "no decision has yet been made concerning the structures"; and that should such a decision be made, the military forces would act "according to the legal stipulations, including the provision of the right to be heard and object to the occupants of the structures".

Note that according to media reports, the Israel Security Agency (ISA) had recommended back in 2012, that the homes of the two assailants from 'Awarta be demolished "to fortify the aspect of deterrence among potential terrorists", but this recommendation was rejected by the Attorney General.

In the past five years, Israel refrained from demolishing houses as punishment for participation in lethal attacks, based on the conclusions of a military committee, whereby such demolitions were more harmful than beneficial. However, as stated, last week, the HCJ sanctioned the return to the policy of punitive house demolitions, accepting the state's claim that due to the "extreme" deterioration in the security situation, it was now required.
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