UPDATE ON DEMOLITIONS AND EVICTIONS IN EAST

C O N F I D E N T I A L SECTION 01 OF 02 JERUSALEM 000501 SIPDIS NEA FOR FRONT OFFICE AND IPA. NSC FOR SHAPIRO/PASCUAL JOINT STAFF FOR LTGEN SELVA E.O. 12958: DECL: 01/22/2024 TAGS: IS KPAL KWBG PGOV PHUM PREL PTER SUBJECT: UPDATE ON DEMOLITIONS AND EVICTIONS IN EAST JERUSALEM REF: A. JERUSALEM 464 ¶B. JERUSALEM 385 ¶C. JERUSALEM 319 ¶D. JERUSALEM 195 ¶E. JERUSALEM 161 ¶F. TEL AVIV 557 ¶G. 08 JERUSALEM 2011 ¶H. 08 JERUSALEM 1509 Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d) ¶1. (C) Summary. In recent days, there have been new press reports about plans for additional demolitions in East Jerusalem. Jerusalem Municipality contacts have stated that these developments are all part of the normal, legal operation of the city, but they have also confirmed Mayor Barkat's intent to rigorously enforce construction licensing and to demolish structures built without permits. The following cable provides information on recent developments and an update on earlier cases in several neighborhoods of East Jerusalem. End Summary. EMERGING ISSUES IN EAST JERUSALEM: POTENTIAL DEMOLITIONS IN WAD YASUL AND SUR BAHIR -------------- ¶2. (C) The Israeli District Planning Committee -- a Ministry of Interior body -- in early March rejected a town plan presented by the residents of Wad Yasul (in Abu Tor) that would have legalized construction there. Several families were notified that the plan was rejected, prompting them to begin legal proceedings to prevent demolitions. Hussayn Ghunaym, a lawyer representing several families, told PolOff March 19 that the plan's rejection could lead to demolition orders for roughly 85 homes. He said the Municipality encouraged the residents to submit a town plan, but that the District Committee decided it did not want to reward "criminal construction" by legalizing the homes. Naftali Levy of the Municipality's Department of Building, Licensing, and Enforcement told PolOff March 19 that reports of mass demolition orders in Wad Yasul were exaggerated, and that the Municipality will demolish illegal buildings only after each one receives an official demolition order from the courts. ¶3. (C) Local press reported that the Israeli High Court of Justice decided on March 19 to permit the demolition of the Sur Bahir apartment of the family of Husam Duwiyat, the Palestinian who was killed after committing a lethal bulldozer attack in West Jerusalem in 2008. The decision came after Duwiyat's father appealed to stop the demolition on the grounds that it inflicted disproportionate damage on other residents of the building, who committed no crime. Israeli Judge Edmond Levy ruled that the demolition is proportionate and will deter additional attacks. (Comment: This demolition contravenes the GoI's Roadmap commitment not to conduct punitive home demolitions.) UPDATE ON ON-GOING ISSUES: LAWYER CITES SOME SUCCESS IN DELAYING DEMOLITIONS -------------- ¶4. (C) Jerusalem lawyer Ziad Kawar told PolOff March 12 that he obtained a District Court stay against the demolition of two buildings containing a total of 34 apartments in the Abasiya area of Abu Tor. The two buildings exceed the size allowed by their permits. Kawar said the demolitions cannot occur until a court hears the case. He said the case is complicated because the builder left the country and the judge refuses to recognize the current residents' legal standing. ¶5. (C) Kawar told PolOff that he also obtained a District Court stay against the demolition of five buildings containing a total of 55 apartments in the Ras Khamis area (ref B). Kawar said the demolitions cannot occur until a court hears the case. Naftali Levy of the Municipality told PolOff March 4 that the absence of a town plan in Ras Khamis makes it impossible to legalize this construction retroactively. EAST JERUSALEMITES REMAIN ANXIOUS OVER BUSTAN AND SHAYKH JARRAH -------------- ¶6. (C) The District Planning Committee in late February reportedly rejected a town plan presented by the residents of al-Bustan that would have legalized much of the construction JERUSALEM 00000501 002 OF 002 in that area (ref C, F). Residents told PolOff the Municipality encouraged them to submit the plan, but (as with Wad Yasul) the District Committee did not approve their proposal. Residents said they were told the Committee did not want to reward "criminal construction" by legalizing the homes. Ziad Kawar, who represents several families, told PolOff March 12 that, once the rejection of the town plan becomes public, the Municipality will pursue cases against these homes, and demolitions could occur this year. Jerusalem City Council Member over East Jerusalem Affairs Yakir Segev told PolOff in February that the Municipality will not demolish the neighborhood "en masse," but will demolish each home according to approved legal procedures after receiving the court's decision. ¶7. (C) Regarding eviction orders for the Hanun and Ghawi families in Shaykh Jarrah, lawyer Husni Abu Hussein told PolOff March 18 that he petitioned the courts to freeze the evictions pending additional court hearings based on recently recovered Ottoman land registration documents which he said disprove the Sephardic Community's claim to the land. Abu Hussein said the evictions could take place "immediately" if the courts are slow to decide. At least 25 other families in Shaykh Jarrah face eviction as well (ref E). MUNICIPALITY: "LEAVE US ALONE." -------------- ¶8. (C) The recent developments have raised Palestinians' concern and provoked public reactions by PM Fayyad's Advisor on Jerusalem Affairs, Hatem Abdul Qader, and President Abbas's spokesman, Nabil Abu Rudaynah, who referred to the Municipality's policies as evidence of the intent to reduce the Arab population of Jerusalem. Mayor Barkat and his staff have repeatedly told the USG that the Mayor believes that structures deemed illegal must be demolished to ensure law and order in the city. Naftali Levy told PolOff March 19 that the current press attention is a reaction to ongoing processes that predate Mayor Barkat's administration. Municipal officials have explained this as the politicization of administrative business, and have encouraged the USG to leave these issues to the Municipality. COMMENT -------------- ¶9. (C) The issue of demolitions and evictions has received considerable attention in both the Palestinian and Israeli press. Many Palestinian observers see this as an early test case for the Obama Administration and how it deals with Israeli Roadmap obligations. WALLES