Wednesday, November 26, 2008

Oops. Israel Acted Unlawfully Against...a Jew

...the Jerusalem District Court ruled that the state acted unlawfully in removing far-right settler Noam Federman from the outpost he has set up - the so-called "Federman Farm" - near the West Bank settlement of Kiryat Arba.

In his ruling, Judge Moshe Drori criticized the state for violating international law, insisting that the forced evacuation of the outpost was "disproportionate and unreasonable."

"It is unclear why the state needed 100 policemen to remove one individual from a closed military zone that was sealed for 10 months without any prior warning, without any attempt at negotiation, and without checking on the claims of the other party in this case," the judge ruled.

"The petitioner (Federman) is not suspected of carrying out terrorist attacks against Israeli towns, which is one of the purposes of the order, and the closure of the area is certainly not intended to apply to the petitioner, since the pretext for the evictin was to prevent 'terrorist infiltration,' and it is inconceivable that the petitioner can be placed into this category.


And more:-

Court rules: Federman can stay in Hebron

Meanwhile, the Jerusalem District Court ruled that the injunction to close the Federman farm near the West Bank settlement of Kiryat Arba does not apply to Noam Federman and his family.

...The ruling came after the State appealed the Jerusalem Magistrate Court's refusal to have Federman removed from the West Bank. Judge Moshe Drori rejected the appeal, and said it should not have been filed in the first place.

In the 42-page verdict, Judge Drori harshly criticized the State and the police, and wrote:

"There is no justification to prohibit the defendant (Federman) from living in the West Bank. It was not proven at all that there is any evidence in the case, and there are no grounds for arrest. Even if the State did prove the existence of the so-called evidence, the case still does not justify arrest".

Following the ruling, Defense Minister Ehud Barak announced that his office would appeal the decision to the Supreme Court.

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