On October 27, 2015, HaMoked filed an objection to the military’s decision to demolish a housing unit in Jabel al-Mukabber, East Jerusalem, the family home of the man who carried out an attack on Malkhei Yisrael St. in Jerusalem on October 13, 2015. On November 3, 2015, the state
said it would not seek execution of the order due to an error in the identification of the assailant’s home. The state noted that the initial demolition order targeted a separate, single storey unit, where the family says the assailant had lived. However, the state now argues that the man lived on the ground floor of a three-story building owned and occupied by his family, rather than the separate unit. Following the state’s announcement, the court ruled that “the petition has been rendered moot and is hereby dismissed”.
On the morning of November 4, 2015,
the military issued a new order for sealing the unit located on the ground floor of the family home.
HaMoked filed an objection against the decision on the same day. HaMoked dismissed the military’s accusation that the family had misrepresented the facts, leading the military to misidentify the home of the assailant. HaMoked asserted that the man had not lived on the ground floor of the family home – a wrong assumption on which the military based its order – but rather, the floor was occupied by his sister and her family.
HaMoked also noted that no report documenting the military’s visit to the home immediately after the assailant's attack on October 13 was provided and that there was no other record of that visit. The military searched the unit without the family present. Had the occupants been present, the military’s current negligent error would have been prevented. HaMoked asked for a copy of the statement of the neighbor whom the state claims gave it information regarding the assailant’s place of residence.
Given all this, HaMoked asked the military to accept the objection and revoke the order for the seizure and sealing of the unit where, in fact, the assailant’s sister lives.
