HUMAN RIGHTS LAWYER SAYS E-1 POLICE STATION DEAL

C O N F I D E N T I A L SECTION 01 OF 02 TEL AVIV 001013 SIPDIS E.O. 12958: DECL: 05/07/2018 TAGS: PREL PGOV KWBG IS SUBJECT: HUMAN RIGHTS LAWYER SAYS E-1 POLICE STATION DEAL ILLEGAL REF: JERUSALEM 756 Classified By: Ambassador Richard H. Jones, reasons: 1.4 (b) and (d) ¶1. (C) Human Rights Lawyer Danny Seidemann met with PolOffs on April 29 to discuss the new police station in E-1 and the planned creation of a new Jewish neighborhood on the site of the old police station in Ras al-Amud, East Jerusalem. Seidemann said that Israeli officials did not follow the proper legal procedures for the transfer of public lands in East Jerusalem or the construction of the new police station in E-1 and therefore both actions are illegal. However, he believes that the issue is so politically hot that only the intervention of the Prime Minister will be effective. ¶2. (C) Seidemann suggested that the best course of action is for the Prime Minister to ask the Attorney General to begin an independent investigation, which would certainly uncover numerous irregularities. He added that even the Prime Minister needs the cover of an independent investigation to stop, or at least stall, the creation of this new settlement in East Jerusalem and the continued operation of the police station in E-1. He emphasized that the situation in Ras al-Amud is much worse than the police station in E-1. Seidemann does not believe the GOI has any other plans for E-1 in the near future, so the police station is relatively harmless. On the other hand, he said, more settlers living next to the Holy Basin will irreversibly complicate final status negotiations. ¶3. (C) Seidemann believes that the settler group Ateret Cohanim, and their American sponsor Irving Moscowitz, are behind the new settlement but has no proof (Note: a security guard at the Ras al-Amud site told Consulate General Jerusalem PolOff that Moscowitz is the new owner (reftel)). -------------- Legal and Ethical Issues: Ras al-Amud -------------- ¶4. (C) Seidemann gave PolOffs copies of agreements between the Bukharan community, which owned the land in Ras al-Amud prior to 1948, and both the Israel Land Authority and the police. The agreements state that the Bukharans will finance the construction of the police station in E-1 in exchange for the land where the old police station sits in Ras al-Amud. ¶5. (C) Seidemann outlined the steps required for reprogramming public land, such as the site at Ras al-Amud, to private land. First, the government must decide that a site no longer meets the needs of its current public use. Then, there must be a survey to determine if there are other public needs that could be met on the site. Once the government decides there are no appropriate public uses for the site, the planning commission may reprogram the site for public sale. Seidemann said none of these steps were followed and the planning commission was never involved. ¶6. (C) Seidemann did note that in cases where private land is expropriated for public use, the previous owners have the first opportunity to buy the land back at a price no greater than what they were paid in compensation. However, the sale must still be open and transparent, and there is no clause allowing a quid pro quo of construction services. ¶7. (C) The legal issue is the reprogramming of public land and not zoning issues, Seidemann explained. The current city plan for Jerusalem, he said, actually zones that area for residential use, which makes the old police station technically illegal. While the settlers have requested the city plan be modified to allow the construction of 110 units over 90 percent of the land, they could move into existing buildings immediately and not be in violation of the zoning laws. -------------- Legal and Ethical Issues: E-1 -------------- ¶8. (C) On the construction of the new police station in E-1, Seidemann noted that the police are not allowed to enter direct agreements for police station construction from private funding. He said that construction of a new police station requires a feasibility study, and budgetary action from the Knesset. While private funds can be used to build public buildings, this still has to be budgeted as income and expenditure. He believes this direct, off-the-books transfer of construction services for land is a clear case of corruption, what he termed "land laundering." ¶9. (C) Seidemann also gave PolOffs an e-mail recently sent TEL AVIV 00001013 002 OF 002 to him from a former high-ranking COGAT (Coordinator of Government Activities in the Territories) official who said that COGAT and the MOD did not properly allocate the land to the police station, as is required for construction in the West Bank. The e-mail says that the council for the nearby settlement of Ma'ale Adummim approved the construction, even though it was not in their master plan. In effect, this makes the police station a new illegal outpost because planning steps were skipped, despite the fact that the building has constructions permits. NOTE: Seidemann said he could not reveal the name of the COGAT official, but it is likely former head of COGAT in the West Bank Ilan Paz. -------------- Documents Provided -------------- ¶8. (C) Seidemann presented PolOffs a packet with copies of documents related to the issue, all in Hebrew. The documents are as follows: -- The law regarding transfer of public land to private use. -- The title for the land in Ras al-Amud showing it is publicly owned. -- The agreement between the Bukharan community and the Jerusalem district chief of police. -- The agreement between the Bukharan community and the Israel Land Authority. -- A legal opinion written by Seidemann in 2001 saying the deal is illegal. -- A legal opinion written by then-Deputy Attorney General, now Attorney General, Menachem Mazuz concurring with the opinion. -- An e-mail to Seidemann from an unnamed COGAT official explaining that COGAT was circumvented, under intense political pressure from then-MOD Shaul Mofaz and then-PM Sharon, so the new E-1 police station could be built. Copies of select documents will be posted on Consulate General Jerusalem's classified website in the E-1 and Ras al-Amud documents section. Please go to http://www.state.sgov.gov/p/nea/jerusalem/ind ex.cfm and select the link for Political Reporting Attachments. ********************************************* ******************** Visit Embassy Tel Aviv's Classified Website: http://www.state.sgov.gov/p/nea/telaviv You can also access this site through the State Department's Classified SIPRNET website. ********************************************* ******************** JONES