High Court Approves Demolition of Homes of Palestinians Who Killed Rabbi

One family supported terror, both perpetrators were ‘motivated by hate,’ justices say.The High Court of Justice approved on Tuesday the demolition of the homes of two Palestinians who murdered an Israeli man in Jerusalem in December.
A panel of three justices voted unanimously to reject the families’ request to block the demolition orders.
Anan Abu Habseh and Issa Yassin Asaf, both 21 and both of Qalandiyah in the West Bank, stabbed to death Rabbi Reuven (Eduardo) Birmajer, 45, at Jerusalem’s Jaffa Gate in December. They stabbed two additional people, injuring them seriously. A second Israeli man, Ofer Ben Ari, 46, died after being hit by a stray bullet shot by Border Police officers who were subduing the assailants. One of the assailants was killed on the scene; the other died of his injuries soon afterward.
Abu Habseh’s family argued that he had lived in a single, 25-square-meter room on the roof of the home, a three-story building the family had erected on land owned by the UN Relief and Works Agency and allocated to them by the United Nations. The family said that destroying the roof apartment could destabilize the entire building and was therefore a disproportionate punitive measure.
Asaf’s family argued that his apartment was on the first floor of a five-story building where his parents, brothers and sisters all live, and that since his father knew nothing about his plan to perpetrate a terror attack, demolishing the house was disproportionate.
Justices Uri Shoham, Anat Baron and Hanan Melcer rejected both petitions.
“This was a murderous attack in which the perpetrators plotted to attack Jews just because they were Jews,” Shoham wrote, adding that the men were “motivated by hate” and showed “no human feelings.”
Shoham also noted that the state had provided evidence refuting the Hamad family’s claim that the UN owned the land under its home. But in any case, he wrote, “there’s no need to prove the perpetrator’s ownership of his residence.”
Baron, in her concurring opinion, stressed that “the gravity of an act of terror cannot in itself provide justification for demolishing the house of innocent people who had no involvement in the act, or at least knowledge of it.”
But in this case, she said, the state provided evidence that on the eve of the attack, Asaf wrote a Facebook post announcing his intention to become a martyr, and his father later told Shin Bet security service investigators that he was proud of his son.
“This information attests prima facie to support for terror within Asaf’s house and among his family,” she wrote. Consequently, it’s reasonable to conclude that “his relatives should have known about Asaf’s murderous intentions.”
In Hamad’s case, she added, there’s nothing disproportionate about the demolition, since he lived in the apartment by himself. Therefore, it “won’t leave any innocent people without a roof over their heads.”

Sharon Pulwer
Haaretz Correspondent

read more: http://www.haaretz.com/israel-news/1.725202Schermata 2016 06 15 alle 23.09.20

Video of the Week New Clashes Erupt Between Israeli Security Forces, Muslim Worshippers

Temple Mount temporarily closed to Jewish visitors after clashes with police




The Temple Mount was temporarily closed to Jewish visitors on Wednesday at the order of Jerusalem District Commander Yoram Halevy after Jews broke visitation rules at the holy site, police said. The Jewish visitors were expelled from the compound for bringing sacred books to the Mount and trying to pray there. After one of the individuals was cautioned, another took out a holy book, and the group was expelled. Meanwhile, renewed clashes erupted between protesters and Israeli security forces near the Lion's Gate in the Old City, where police used stun grenades against the demonstrators. A regular dynamic has developed involving clashes between Palestinians and Israel Police over the past several days near the Lion's Gate. Dozens of Palestinians are present at the site on a regular basis, urging devotion to the Al-Aqsa Mosque on the Temple Mount and condemning Israel. During Muslim prayer times, particularly the midday and nighttime prayers, hundreds and sometimes even thousands have been gathering there.

There have been outbreaks of violence during these periods, including stone-throwing or physical confrontations with the police. In most of these incidents, the police have been using stun grenades and sponge-tipped bullets to disperse the crowds. In a number of cases, journalists in the area have also suffered violence at the hands of the police. On Tuesday, Hassan Shaalan, a reporter for the Ynet news website, was struck by a policeman even after he identified himself as a member of the press. A group of Jerusalem-based journalists released a statement of condemnation over the incident and called on the police to permit reporters to do their jobs. The Jerusalem Police responded: "This involved an incident that took place in the course of violent disturbances of the peace that occurred in Jerusalem while the police were acting to remove the demonstrators from the street after some of them refused to vacate. The forces working on the scene are under constant threat to their lives. http://www.haaretz.com/israel-news/1.802141

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