Center for the Defence of the Individual - HaMoked to the Attorney General: to punitively demolish a home without first making sure the objection rejection notice actually arrived is an outrage; using such a draconian authority requires strict adherence to the administrative proceeding, especially concerning exhaustion of the right to contest
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חזרה לעמוד הקודם
22.08.2017

HaMoked to the Attorney General: to punitively demolish a home without first making sure the objection rejection notice actually arrived is an outrage; using such a draconian authority requires strict adherence to the administrative proceeding, especially concerning exhaustion of the right to contest

On August 16, 2017, the military demolished a house in Kobar Village, Ramallah District, where lived the family members of the youth who committed the Halamish attack on July 21, 2017. The punitive demolition was implemented without first enabling the family to petition the High Court of Justice against the decision – because the military’s notice of rejection of the family's objection to the demolition order had failed to reach HaMoked, acting on behalf to the family.

That same day, HaMoked wrote to the military to demand an explanation for this outrageous conduct and hasty demolition, carried out contrary to the principles of natural justice. In its response, the military said its rejection notice had been sent to HaMoked on August 8, 2017. But HaMoked received no such notice, and clearly the military had not bothered to confirm receipt of the notice, if it was in fact sent.

Therefore, on August 21, 2017, HaMoked sent a stern letter to the Attorney General, demanding a probe into the military’s flawed conduct resulting in a severe and irreversible outcome, without the family having been given the opportunity to exhaust all available remedies against it. HaMoked also demanded that in this framework, the military would formulate an action plan to prevent this from recurring, and asked to receive the findings.

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