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The world is a dangerous place to live; not because of the people who are evil,    but because of the people who don't do anything about it

Occupation magazine - Activism Home page  back Print  Send To friend Palestinians Win Access To Lands, but Soldiers Undermine Law Arik Ascherman Rabbis for Human Rights June 24, 2011 http://www.facebook.com/media/set/?set=a.221914701174330.61370.100000674059660 Like so often, you can look at what we accomplished today and see the glass half full or half empty. Members of the Hushiya family began working lands today that they hadn`t been able to access since 2005, when the settler Moshe Deutsch of Susya took them over. However, the law was flouted by Israeli soldiers, and another bite was taken out of our landmark 2006 High Court victory. In 2005, the police dragged their feet when members of Hushiya family immediately reported that Moshe Deutsch had trespassed on his lands. Because they didn`t deal with the case in time, it was only in 2007 that the Legal Advisor for the Occupied Territories ruled that this was Palestinian land and that the Yehuda Brigade (Hebron area) commander had to close the area to Israelis and allow the family access to their lands. Even when he did so, he reserved judgment on a section of the land upon which Deutsch had already planted a vineyard. Finally, a ruling was issued that this was Palestinian land and Deutsch was given time to remove the fence and vines himself, allowing him to replant elsewhere. Rather than accept the decision and recognize that he was flouting the Torah`s prohibitions against trespassing and theft, he chose to counter sue. Finally, the army removed the fence and the vines in early April. However, the area was declared closed to everybody, including the owners.  Over the last month or so, we saw that either a few remaining vines were re-growing , and/or new vines were being planted. There were tens of them, and one day I even saw new vines still in plastic sacks. When we complained, we were asked why the Hushiyah family hadn`t yet entered their lands. Jamil, one of the heads of the family, told the DCO that they would enter today (Friday June 24th). The officer Nabil said that he preferred that they wait a week. However, according to the terms of Rabbis For Human Rights` 2006 High Court Victory with ACRI and 5 local councils, the army can only regulate when Palestinians enter their land in very limited circumstances when there is no other way to protect settlers. This clearly was not the case. For about 20 minutes, as you can see in the first pictures, everything was quiet. There was lone Israeli who drove by, stopped, threw some rocks, and then continued. A couple walked up and made a few remarks. Suddenly, there were four or five settlers, including one of their `field commanders,` Avidan. Soon after there were tens. Even as we called the DCO, soldiers showed up. However, they stood by as the settlers violated the orders keeping them off the land and began to shout, harass and interfere with the work. I told the soldiers time after time. `There is an order keeping Israelis out – both them and us. Enforce it.` They didn`t, and finally we had to enter the closed area to protect the Palestinians. After a period of some 45 minutes, Avidan called his troops away. He apparently had gotten what he wanted. (Some of the settlers continued to harass and curse and shout filthy things at us.). At some point they punctured all four tires of our friend and B`Tselem field worker Nasser Nawajeh. Now, the perhaps most serious thing occurred. The army ordered the Palestinians off the land. Our 2006 Court decision says explicitly that when Palestinians are attacked, the army can not issue a closure order removing them from their lands `For their own good.` Yet, that is exactly what happened. The bridgade commander didn`t answer, and in his situation room they said another officer would contact us, but didn`t Quamar, our head lawyer supposedly on maternity leave, reached somebody from the Legal Advisor`s office. The DCO officer, Nabil, told him that the Palestinians had `agreed` to come back next Friday. No such thing. Furthermore, he said that the DCO couldn`t change the decision. It was on the authority of the brigade commander. However, the officer from the Legal Advisor`s office couldn`t get a hold of somebody from the brigade.   In the end the army succeeded in flouting the High Court and putting the Palestinians where they want them - only entering their lands on the days that they determine. Nabil told me that he wants to give the settlers time to remove their vines themselves. I am actually happy that the vines should be removed whole and returned. I had asked the Palestinians to do so as well. However, we will now ask the army to remove the vines, not trusting what the settlers might do when on the land. On the positive side, a second group of activists successfully helped farmers from Beit Omar work their lands next to the Karmei Tzur fence. Recently, the farmers have been prevented from getting close to the fence, again in violation of the High Court decision. Shabbat Shalom. Arik bz Links to the latest articles in this section Refusing the war! Demonstration today, Thur. Apris 24, at 7.30 pm, Habima Square, Tel Aviv Refusing the war! Demonstration today, Thur. Apris 24, at 7.30 pm, Habima Square, Tel Aviv Saturday night protests: No to Netanyahu`s war!