On February 11, 2016, the military
rejected two
objections filed by HaMoked against
punitive house sealing orders issued against two homes in Sur Bahir, East Jerusalem. These are the family homes of two 18-year-olds who are accused of stone throwing on September 13, 2015 in East Jerusalem. In its rejection notice, the military said it would seal the openings of the homes using “steel sheets and steel rods that would be drilled and/or welded to the walls, all with attention to the building’s features”. The army contended that this was a “reasonable and proportionate” decision “given the circumstances”.
On February 17, 2016, HaMoked
petitioned the High Court of Justice to order the military to withdraw the sealing orders. HaMoked noted that Regulation 119, which gives the military commander the power to order the sealing and demolition of Palestinians’ homes makes no reference to the offense of stone throwing, of which the two are accused, and argued that using the Regulation in such cases is drastic and entirely unacceptable. HaMoked also recalled that the two are standing trial and the level of their involvement in the incident in question has yet to be determined. Moreover, HaMoked protested the excessive penalties imposed on the two young men by the state: in addition to the significant penalty they are expected to be sentenced to if convicted at trial, the state also hastened to revoke their residency status and now seeks to punish their families by sealing their homes.
HaMoked noted that the objections were rejected on the day they were filed, attesting to the fact that they were not properly considered, despite the fact that the measure is drastic and violates the fundamental rights of 13 innocent people, including nine children, who will be left homeless as a result of the planned sealing.
An
interim order prohibiting the sealing pending further decision was issued in both petitions. The court also ordered the state to respond to the petitions by February 24, 2016.
