TEL AVIV, October 3, 2010 (WAFA)- A petition filed by Israeli 'Yesh Din – Volunteers for Human Rights' on behalf of three citizens of a West Bank village asked the Israeli High Court to order the Israeli authorities to take action and remove all obstacles that prevent these residents from having free and safe access to their lands
Human rights group Yesh Din – Volunteers for Human Rights petitioned the court Sunday on behalf of three citizens of Ein Yabroud, demanding that the court order the Israeli army, the Civil Administration, the Matte Binyamin regional council and the settlement of Ofra to dismantle the barriers and other obstacles which were placed illegally. These barriers are preventing the residents of Ein Yabroud from having free and safe access to their private lands.
The petition, filed by attorneys Michael Sfard, Shlomy Zachary and Avisar Lev of the Yesh Din legal team, asks the court to order the IDF commander in the West Bank and the Civil Administration to 'take all necessary steps to ensure the freedom of movement of the petitioners and their free access to their private agricultural plots, so that they can cultivate them without any interference and with no need to worry about their well-being and the safety of their crops'.
The settlement of Ofra was built illegally on private lands owned by residents of two neighboring Palestinian villages – Silwad and Ein Yabroud. It was built without permits and without obtaining the necessary planning schemes.
In the past decade, the three petitioners, as well as other residents of the village, have been barred from accessing their private properties, which are registered in the West Bank Properties Registry. Their access to their lands was prevented both by illegally-placed barriers and fences, as well as intimidation and use of force. Meanwhile, the law enforcement authorities didn't take any steps to remedy the situation and ensure that the residents' rights are not violated.
In December 2009 another petition was filed with Yesh Din's assistance – this time by residents of the village of Silwad. The petitioners demanded the court ensure their free and safe access to their lands. Now the petitioners are asking the HCJ to combine both petitions, as both are relating to access prevention to Palestinian lands in the area of the settlement of Ofra.
According to the petitioners, the waste purification plant that was built illegally in Ofra on lands taken from residents of Ein Yabroud – which is the subject of another HCJ petition – could not have been built had the local Palestinian residents been able to access their private lands. The HCJ has issued an order nisi against the plant on June 27, 2010.
'This petition is another testimony to the authorities' incompetence', said Yesh Din attorney Avisar Lev.' Although the authorities are responsible for enforcing law and order in the West Bank, they are not doing anything to safeguard the property rights of the petitioners.'
