NIRIT'S RESIDENTS HAVE A LONG DAY IN COURT AND

C O N F I D E N T I A L SECTION 01 OF 02 TEL AVIV 001062

SIPDIS

E.O. 12958: DECL: 02/22/2015
TAGS: PREL KWBG IS SETTLEMENTS GOI INTERNAL
SUBJECT: NIRIT'S RESIDENTS HAVE A LONG DAY IN COURT AND
COME HOME EMPTY-HANDED... FOR NOW

REF: A. TEL AVIV 06649

B. TEL AVIV 00511

C. TEL AVIV 00659

Classified By: Economic Counselor William Weinstein for reasons 1.4 (b)
and (d)


1. (C) Summary: Dror Ginatt, secretary general of the
Israeli town of Nirit on the west side of the Green Line,
described Nirit's hearing in the High Court to stop
construction of Nof HaSharon as arduous but felt that Nirit
got a fair trial. He explained that the three judges, among
them Aharon Barak, were initially dismissive when the
residents argued their case on political grounds -- GOI
commitments to the U.S. not to expand settlements -- and that
the judges initially told the residents to consider
withdrawing their petition from the court. The judges became
more receptive, however, when Nirit's lawyers discussed the
complications of providing municipal services to the
neighboring settlement that will be built on the east side of
the Green Line and when they talked about the impact the
settlement would have on the community values of Nirit.
Ginatt noted that the hearing was unusual in the amount of
time it took and in the fact that the judges did not announce
their decision right away. He expressed guarded optimism
that the delay meant the judges were seriously considering
the petition. Arie Han, a resident of Nirit, speculated that
an article by Aluf Benn in Ha'aretz on February 11 reporting
that the U.S. administration is against construction of Nof
HaSharon may have had an impact on the judges, as well. End
summary.

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Difficult Day in Court
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2. (C) Dror Ginatt, secretary general of the Israeli town of
Nirit on the west side of the Green Line, told economic
officer on February 16 that the residents' hearing at the
High Court to stop construction of the new settlement of Nof
HaSharon was "very long and serious." According to Ginatt,
the February 13 hearing lasted over two and a half hours, and
in the end, the three judges asked for more time to
deliberate the matter, saying they would announce their final
decision the week of the 21st. Ginatt opined that the fact
that the judges did not make a decision on the spot was good
because it means they are seriously considering the issue,
since normally they would make a decision after hearing a
case for "10 minutes."


3. (C) Ginatt explained that the first half hour of the
hearing consisted of Nirit's lawyers arguing the political
merits of their case (Note: Nirit filed the petition
claiming that Nof HaSharon is illegal because the GOI made
commitments to the USG not to expand settlements. End note).
The judges almost dismissed the case at this point, and
according to Arie Han, a resident of Nirit, they "attacked"
Nirit's lawyers and accused the residents of trying to back
out of the agreement they made years ago with the private
developers who are undertaking the construction project. Han
and Ginatt said the judges told them to "take a break" and
consider withdrawing the petition from the court.


4. (C) According to Ginatt, upon returning from the break,
Nirit's residents and their lawyers insisted that they wanted
a decision from the High Court on the legality of the
settlement and told the judges that they would not withdraw
their petition. They also provided more information on the
housing development, and showed the judges a map of the
location in question. Ginatt related that the map was
eye-opening for the judges because "they did not realize the
distance between Alfe Menashe and Nof HaSharon" from the
materials the judges had studied prior to the hearing.
Nirit's lawyers also discussed the planning and development
issues of where Nof HaSharon would get its municipal services
and infrastructure because it is too far from Alfe Menashe to
be supported by the mother settlement.


5. (C) After arguing the logistical difficulties of
providing support to Nof HaSharon, Ginatt reported that the
third part of the hearing consisted of a discussion of
Nirit's community values, which the lawyers said would suffer
because outside residents would be forcing themselves on
Nirit and would damage the environment of "volunteerism." He
said that Ilan Niv, Nirit's chairman, was allowed to speak to
the judges and that it made "a big impact" on them.
According to Ginatt, it was unusual that Niv was able to
speak directly to the court because normally only lawyers
speak to the judges.


6. (C) Ginatt also told econoff that there has been an
"obvious reduction" in the pace of construction over the past
few days. He was unsure if the slow-down was caused by the
weather or the upcoming hearing, but that it was noticeable
regardless.

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We'll See, But It Was Fair
--------------


7. (C) Ginatt expressed his gratitude to the High Court for
giving Nirit's residents so much time to argue their case,
and although he is not entirely optimistic that the judges
will rule in their favor, he said that he felt they got a
fair trial and were able to express their point of view as
thoroughly as possible. Han speculated that Aluf Benn's
article in Ha'aretz on February 11 may have encouraged the
judges to take their time when coming to a decision on
Nirit's petition (Note: In "Why Was This Summit Different?"
Benn claimed that "The U.S. administration also opposes the
building of a new outlying neighborhood in Alfe Menashe
adjoining the Nirit settlement on the Green Line." End note).

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