On May 31, 2016, the High Court of Justice (HCJ) unanimously
rejected HaMoked’s
petition against the punitive demolition order issued for the family home of a 16 year old who was convicted for committing an attack against Israelis in the South Hebron Hills on January 17, 2016. In the house approved for demolition live the minor’s parents and four siblings.
The justices ruled that although there was no evidence as to the family members’ involvement in the commission of the attack, the family picture arising – even if retrospectively – was of support of attacks against Israelis (or at least “turning a blind eye”); therefore, there was need for deterrence in this case. Justice Meltzer also noted that the fact that the parents had not expressed any condemnation of the son’s actions – not in the media, not in the petition and not even in the framework of the court hearing – was significant for the issue of the required deterrence. At the same time, the Justice added that, “regulation 119 was not intended, in the given circumstances, to ‘punish’ the petitioners for the actions of their minor son”. Justice Baron held that it was safe to determine that “the household members should have known about the intents of their offspring” – given that the minor in his interrogation had said that his act “brought a lot of pride to the family”, and his brother had said in the media that he respected such acts – and hence the decision to demolish the house was proportionate.
The court ruled that the demolition order should not to be executed until ten days from the judgment’s issuance, “to allow for preparations”.
