Identifier
Created
Classification
Origin
08TELAVIV1013
2008-05-07 14:55:00
CONFIDENTIAL
Embassy Tel Aviv
Cable title:
HUMAN RIGHTS LAWYER SAYS E-1 POLICE STATION DEAL
how-toVZCZCXRO7552 OO RUEHROV DE RUEHTV #1013/01 1281455 ZNY CCCCC ZZH O 071455Z MAY 08 FM AMEMBASSY TEL AVIV TO RUEHC/SECSTATE WASHDC IMMEDIATE 6621 INFO RUEHXK/ARAB ISRAELI COLLECTIVE PRIORITY RHEHNSC/NSC WASHDC PRIORITY
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)
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
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