JERUSALEM MUNICIPALITY ISSUES MORE EAST JERUSALEM

C O N F I D E N T I A L SECTION 01 OF 02 JERUSALEM 002026 SIPDIS NEA FOR FRONT OFFICE, SEMEP, AND IPA; NSC FOR SHAPIRO/KUMAR E.O. 12958: DECL: 11/09/2019 TAGS: PGOV PREL PHUM KPAL IS SUBJECT: JERUSALEM MUNICIPALITY ISSUES MORE EAST JERUSALEM HOME DEMOLITION ORDERS REF: A. A. JERUSALEM 1790 ¶B. B. JERUSALEM 2020 ¶C. C. JERUSALEM 1977 Classified By: Consul General Daniel Rubinstein, per reasons 1.4 (b) and (d) SUMMARY -------------- ¶1. (C) The Jerusalem Municipality served 17 more demolition orders on November 8, in this case on homes in the already-tense Silwan neighborhood of East Jerusalem. Of the 17 orders served, eight pertain to homes in the al-Bustan area of Silwan, which is the subject of a development plan proposed by Jerusalem Mayor Nir Barkat (which almost certainly does not enjoy the support of Silwan's Arab residents -- ref. A.) A locally-initiated zoning and development plan for al-Bustan was previously rejected by the Municipality. The remaining nine demolition orders target properties in the Wadi Hilweh and Ein al-Louzeh areas of Silwan. End summary. "HIGHLY EXTRAORDINARY" MUNICIPAL EFFORT -------------- ¶2. (C) Jerusalem lawyer and activist Danny Seidemann told PolOff that "this is a highly extraordinary effort by the municipality to demolish houses built under circumstances that should render them immune from demolitions, were the standard Statute of Limitations to apply." Seidemman explained that these latest demolition orders were issued under Section 212 of the Municipal Code, which provides that the municipality can demolish properties outside standard administrative and judicial demolition procedures. ¶3. (C) Seidemann said that the implementation of Section 212 is a matter of particular concern since "no one can contest these demolition orders, because the owners are (listed as) 'unknown.'" Seidemann noted that demolitions could occur as early as this week, because the grace period accompanying each order ends 20 days after the order is issued. According to press reports and Post contacts, this happened 17 days ago. "This effort is being directed against contested areas of al-Bustan and Silwan, and in the absence of these extraordinary measures, these homes would not be subject to the threat of demolition," Seidemann said. ¶4. (C) The municipality has confirmed that it previously employed Section 212 in issuing demolition orders for properties in Silwan. In an October 14 meeting with PolOff, the municipality's legal advisor, Yosi Havilyo, said that the municipality has used this "special circumstance" in previous cases to issue demolition orders to homes in the Silwan area because, in Silwan, "the (Second Intifada) made it too dangerous for the city to serve the (original) orders" within the standard five-year window for a judicial demolition order. LOCAL PRESS CITE "KING'S DAVID'S GARDEN" PLAN -------------- ¶5. (U) Local press reports that the al-Bustan demolition orders were hung on November 8 on the exterior walls of four shops and four houses in the neighborhood. Reflecting the orders' authorization under Section 212, no owners' names were listed. The Arabic-language daily al-Quds claimed that "this (action) confirms the Israeli authorities are determined to demolish al-Bustan neighborhood and execute what they call the King David's Garden plan." Note: It is referred to as Gan ha-Melekh (Garden of the King) in Israeli planning documents. End Note. ¶6. (U) Former PA Minister for Jerusalem Affairs Hatem Abdel Qader was quoted in al-Quds as saying that the municipality "works with clear duplicity to support settlement activities, and pave the way for them (settlers) to seize Palestinian houses, buildings, and lands. On the other side, the municipality adds obstacles and constraints on the plans submitted by the Palestinian citizens, although these plans meet all the difficult requirements that the municipality has in place." BACKGROUND: SECTION 212 -------------- ¶7. (SBU) Section 212 of the Jerusalem Municipal Code states that, "If a building violation has been committed under this chapter of the Law, and under circumstances where the courts JERUSALEM 00002026 002 OF 002 would be entitled to issue a judicial demolition order under Section 205, were an individual convicted, said court would be entitled to so order the demolition even without a conviction, provided the existence of the following circumstances: -- "The person who committed the violation cannot be located; -- "It is impossible or impractical to serve a subpoena; -- "The person who is the building owner at the time of the violation, and who committed the violation, is no longer the owner of the building; -- "It is impossible to prove who committed the violation; -- "The person who carried out the violation has died or is no longer criminally responsible under law, or under circumstances that do not render the action legal." COMMENT -------------- ¶8. (SBU) Comment: Given the recent upsurge in Jerusalem demolitions and demolition-related actions, a clear, public reiteration of the Secretary's March 4 statement regarding demolitions and confiscations may be in order. RUBINSTEIN