2017-01-04

Dozers of Israel Municipality demolish a house in Beit Hanina in Jerusalem

Bulldozers of Israel municipality demolished on January 04, 2017 a house in Beit Hanina, north of Jerusalem, owned by Amer Abeido under the pretext of building without a permit. It is reported that the facility is composed of two-stories (a basement with an area of 35 square meters, and a residential apartment of 120 square meters). He lives in it with his wife and three children, and the family of his son, Mohammad, which consists of three individuals, including a child, pointing out that the facility has existed for 16 years.

Abeido said: “Since the construction of the house I have tried to certify it through the competent authorities, and I have provided the necessary paperwork; a building violation fine with the amount of 42 thousand Shekels has been imposed on me”. He explained that his lawyer, Sami Irsheid applied for a “request to delay the demolition”, but did not receive a response.

Abeido added that today his lawyer tried to postpone the demolition of his house and went to the Municipal Court, the Magistrate Court and the District Court, but unfortunately the house was demolished.

Abeido explained that the District Court judge agreed to postpone and freeze the decision to demolish, until the appeal to Israel's Supreme Court, under the condition of paying 50,000 Shekels to the court’s treasury within half an hour.

Abeido said: “Although I was not able to collect that amount within half an hour, I have tried and I went to court with some of the money (cash and checks), but while I was still at the door of the court I was informed that the bulldozers began to demolish the house”.

We were not allowed any of the certificates and papers from the house. Demolition lasted until 8:00 P.m., said he.

My family and I now live in the residence of my daughter until we find a place to live in. My son went to live with his father in law.

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Land Research Center LRC sees that demolitions contradict with all the International conventions and Humanitarian laws including:

Article 17 of the (1948) Universal Declaration of Human Rights stating: “Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property.”

Section ‹G› of article 23 of the (1907) The Hague Conventions asserting: “In addition to the prohibitions provided by special Conventions, it is especially forbidden to destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war.”

Article 53 of the Geneva Fourth Convention (1948) declaring: “Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.”

Section 1, Article 11 of the International Covenant on Economic, Social and Cultural Rights (1966): “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

This case study is part of Kan'aan Project

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