Judge Rules Homesh Return Not Illegal, Police Attempt Eviction

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B”H

What? An Israeli judge following the law and not his political opinions?? WOW! Thank G-d there are a few honest judges left!

(I'm sure he won't make it to the supreme court--they don't want honesty there!!)

M
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http://www.israelnationalnews.com/News/News.aspx/123487
by Ezra HaLevi

(IsraelNN.com) A Kfar Saba court has ordered the release of a teenage girl jailed for a month for returning to the destroyed town of Homesh; it ruled that returning there is not illegal.

Judge David Gadol of the Kfar Saba Youth Court ordered a teenage activist released after more than a month in prison for taking part in the unauthorized ascents to Homesh – one of the 25 Jewish towns in Gaza and northern Samaria destroyed as part of the 2005 Disengagement Plan. The girl had refused to cooperate with the police, claiming she was being persecuted politically.

Homesh, located just several kilometers north of remaining Jewish towns in Samaria, has become the location of choice to be rebuilt, with grassroots organizations such a Homesh First declaring that the return and rebuilding of Homesh is the first step in “rectifying the mistake of the expulsion.”

The Friday ruling by the Kfar Saba court has paved the way for larger-scale pilgrimages to the ruins of Homesh. Until now, police have cited the 2005 Disengagement Law, which prescribes jail time for those populating areas left during Ariel Sharon’s withdrawal. Now, the court has ruled that the laws are no longer applicable and cannot be used to prevent people from returning to the ruins of the communities.

Judge Gadol said that the Disengagement Law was meant to ensure the implementation of the destruction of the community by barring protesters from the site, but does not bar Jewish from returning. He also said that the State of Israel has not clarified the status of Homesh and other northern Samaria towns. Under the Oslo accords, parts of Judea and Samaria were categorized as Area A (full PA control), Area B (PA administraive control, Israeli security control) and Area C (full Israeli control). The judge said that Homesh remains Area C since Israel never handed it over to the PA. He went so far as to call into question the IDF's ability to declare the area a Closed Miniltary Zone, a method often used to prevent protesters from converging on a location.

The Homesh First movement welcomed the ruling, though it has always maintained that Jews have the right to return to Homesh regardless of the law. “The court’s ruling proves that Jews hiking to Homesh are not committing any crime, even according to the Sodom-like laws of the ‘Disengagement,’” the group said in a statement. “The government is only trying to prevent the hikes for political reasons. The fixing of this national tragedy begins with the return to Homesh. A government that was concerned with the welfare of its citizens would have reinstated the communities by itself.”

Latest Eviction Attempt
As activists celebrated the small victory, police and a busload of Yassam riot police arrived at the renewed campsite community in Homesh and proceeded to try to remove the residents.

Activists fanned out to neighboring hilltops, as they have several times in the past, as police destroyed the structures and tents erected there and confiscated equipment.

Homesh First says that the activists will return as soon as the police leave and continue the renewed Jewish settlement of Homesh despite the destruction of their handiwork and theft of their property.

Young people and families continue to flock to Homesh, which has seen a continuous Jewish presence since July 15. Police intermittently arrive and destroy the structures erected by activists, who rebuild again and again, undeterred.

Events in Renewed Homesh
Monday at 6 PM, a concert in Hebrew, English and Russian is planned to take place in the repopulated town, featuring Zimrat HaAretz singers Eli Bar-Yahalom, Yuri Lipmanovich and Ari Ben-Yam. The show is free and those wishing to attend are instructed to meet before 4:30 PM at the synagogue in Shavei Shomron.

Mohel (circumciser) Dr. Yuval Brandstetter has announced that he is ready to provide circumcisions for babies in Homesh at any time and a group calling itself Radio Free Israel plans to set up a local radio station based in the destroyed town.

For more information, call Amy: 054 449 7477