Bil'in goes to High Court in Jerusalem

Yesterday I went to the High Court in Jerusalem (West). There were about 50 or so people from Bil'in and about 6 from Tel Aviv. Maybe another 10 Israelis met up with us in Jeruslaem. I'm afraid I couldn't understand the details (Yes.. what kind of activist and I going to be if I can't understand what's going on) but the general idea is that the village of Bil'in and the settlement of Modi'in Illit are claiming the same parcel of land to be their own. Keeping in the style of settlement practice, Modi'in Illit built some structures on the land before the issue was resolved. On top of that, some residents moved into that structure (in violation of a court order) but eventually, they left (I think). Anyhow, it's a big mess (as usual) involving land and buildings and the fact that the wall is dividing this village of Bil'in, enabling the Modi'in Illit to do whatever... while the Bil'iners get to watch from afar (though a few Bil'in families did occupy the building-in-dispute as a form of protest, that is, before being kicked out by the Israeli army. So on Sunday, and for not the first time, Bil'in and Upper Modi'in battled it out (in court).



Since I couldn't understand the procedings, I'll add a link as soon as it makes the newspapers. Till then, I'll added an article at the very bottom of this post from Ha'aretz from July 6th.

Here's what I could understand...

I met my internet-contact person (Adar) at the Tel Aviv Central Bus Station. There were 6 of us in total, and as I got on the private bus for 60 I was confused. But halfway there, we pulled into a gas station and about 40 or 50 of the Bil'in contingent got on. This included about 10 or 15 kids, 5 or 6 women, a bunch of men, and an Israeli girl (late teens). Incidentally, the separation wall (in the form of a fence) ran alongside the road and when we pulled over, about 10 of our contigent were stuck on the other side, there was a gate that opened up into the gas station but it was locked. Eventually, the stuck ones crawled underneath to the slight concern of the (Arab-Israeli) bus drivers but all went well and we headed out.

No checkpoints to cross but a few "Barriers Ahead: Slow for Inspection" which we rolled right through. I guess the fancy tour bus has its benefits. One of the know-it-all leftists (who I recognized from the Sufa excursion) took a front seat during those roll-throughs.

As we disembarked in Jerusalem, about 200 meters from the Courthouse, a kid unrolls his regulation size Palestinian flag and leads the group. Oh yeah, I could tell this wasn't going to fly. Sure enough at security Station 1 (out of about 4) the guard tells him to roll up the flag. At Station 2, the kid is told to get rid of it and the goup asked whether there are any more. The kid throws the flag behind a bush and the waiting begins. After about 20 minutes, we are allowed past Station 2 but only five at time. Meanwhile small smatterings of others pass on through, many of whom didn't even need to interrupt their cellphone call to go on by.



Some of the leftists (also waiting).


I am one of the last to pass, and as we make our way to the courtroom, everyone else is already settled in. The procedings begin and one of the Israelis offers to translate the highlights for me. One lawyer (Michael Sfarad) represents Bil'in - 5 or 6 lawyers represent various groups within Modi'in Illit.

During the procedings, tour groups came in and sat down, the Bil'in kids got up and left, many of the women also left. I joined them outside and realized that I wasn't the only one who didn't understand what was going on. Most of the Bil'iners also didn't speak Hebrew. So we sat and stared at each other until I decided to make better use of the time and pace back and forth. There were also a few teenage leftists outside the courtroom playing cards while the group of Bil'in kids looked on (and one 5-year-old threw rubber balls at passer bys, he had a good arm).

After the procedings, the group gathered outside the courtroom and discussed. The lawyer was politely accosted.

Once we boarded the bus, a heated discussion broke out. All I could make out was that the Bil'in guys wanted to stop at Al Aqsa, which they did. All but 3. A few Israelis had already left the group at the courthouse. Then the long ride back. Two of the Bil'in guys got off in the middle of the highway, about 50m from one of those "Barrier Ahead" signs, the last one (one of the main organizers), got off near Jaffa with one of the Israelis to go to the beach, I got off at the Central Bus Station, ahead of the remaining four, and headed home.






Ha'aretz article from July 6, 2006 By Akiva Eldar
Circular transactions

During recent High Court of Justice discussion on the petition of Peace Now and the residents of Bili'in regarding a new illegal neighborhood of Modi'in Illit, the construction companies claimed that the entrepreneurs purchased the land years ago from the residents of the village of Bili'in, and that the State Prosecutor's Office had acceded to their request to turn the private lands into "government property," and eventually returned the deposit to them.

Supreme Court President Aharon Barak and Justice Dorit Beinisch were skeptical. The entrepeneurs have recently placed on their desks an expert opinion that confirms and explains the method of circular transactions. A copy was submitted to the proxy of the petitioners, attorney Michael Sfard.

The opinion is signed by attorney Daniel Kramer, who says that he served for 25 years as an adviser and proxy for the person responsible for government property, and is very familiar with the law that applies to the region and with the policy of the Justice Ministry. Kramer agrees that the proper way to prove that A has purchased B's land is to publicize the transaction in order to invite possible opposition, "as is done in Israel." However, when it comes to the territories, publicizing the sale of land to Jews means, he says, "an immediate death sentence for the sellers."

He claims that no fewer that 30 sellers and mukhtars, most of them from the Modi'in area, have paid for it with their lives. For that reason, Himnuta, a subsidiary of the Jewish National Fund, waited until the seller died or left the country before opening the first registration file. Is it self-evident that nobody voiced opposition. The attorney emphasizes that the Justice Ministry was involved in determining this policy.

Later in the opinion Kramer writes that after examining the purchase documents, Plia Albeck, who for years headed the Civil Department in the Justice Ministry, declared these lands "government property." He sees fit to say that Albeck, who has since passed away, "was the one exclusively empowered by the attorney general and on his behalf to express her opinion regarding the legal status of state lands and government property, and to instruct the Civil Administration." Among her superiors was former attorney general Aharon Barak. Among her neighbors in the ministry was state prosecutor Dorit Beinisch.

It is possible that already in the proceedings that will take place this coming Sunday they will have to decide whether to approve the dubious circular transactions carried out under their noses, or to order the demolition of 40 buildings constructed without a permit.