Center for the Defence of the Individual - HaMoked to the HCJ: the military’s decision to punitively demolish a home in Yatta constitutes an act of extreme harm to innocent people
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חזרה לעמוד הקודם
27.06.2016

HaMoked to the HCJ: the military’s decision to punitively demolish a home in Yatta constitutes an act of extreme harm to innocent people

On June 22, 2016, the military rejected HaMoked’s objection to the intended punitive demolition of an apartment in Yatta, the home of the family of a young suspect in an attack in Tel Aviv on June 8, 2016. The military announced its plan to demolish the home, located on the second floor of a two-storey building, using "mechanical engineering equipment".

On June 27, 2016, HaMoked petitioned the High Court of Justice (HCJ) against the intended demolition of the family apartment. HaMoked held that the demolition decision was unbalanced and unreasonable given the youth’s insufficient residence affinity to his parents’ home and also the fact that the family was not involved in the incident. HaMoked noted that until recently, for the past two and a half years, the young man had been living in Jordan as a student; and he intended to return to Jordan after his short study break to continue his studies there.

HaMoked also noted that in order to maintain due process, the military must disclose the documents and information underlying its decision to demolish the family home; but HaMoked’s request to view the investigation materials relating to the young man was denied by the military on the grounds that the investigation was under a gag order. HaMoked stressed that this was a severe flaw in the administrative proceeding, and insisted on receiving all of the relevant material.

In view of the military’s decision to demolish the apartment using mechanical engineering equipment, HaMoked warned that this method might cause damage to the ground-floor apartment, in which lived nine other people, including children.

On the day the petition was filed, the court issued a temporary order prohibiting the seizure or demolition of the apartment pending another decision.

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