OFRA SETTLEMENT BATTLES LEGAL CASE OVER ILLEGAL

C O N F I D E N T I A L JERUSALEM 000717 SIPDIS NEA FOR FRONT OFFICE. NSC FOR SHAPIRO/KUMAR. JOINT STAFF FOR LTGEN SELVA E.O. 12958: DECL: 04/28/2019 TAGS: PHUM PREL ASEC KPAL PINR IS KWBG SUBJECT: OFRA SETTLEMENT BATTLES LEGAL CASE OVER ILLEGAL CONSTRUCTION REF: JERUSALEM 562 Classified By: Consul General Jake Walles, per reasons 1.4 (b) and (d) ¶1. (C) Summary. NGO Yesh Din updated Poloff on April 28 on its legal action in the Israeli High Court of Justice (HCJ) to compel the Israeli Ministry of Defense (MOD) to evacuate and demolish nine homes in Ofra settlement. Yesh Din believes these homes were constructed illegally on private Palestinian land. The HCJ ordered the MOD to submit by May 22 a proposal for dealing with this issue. Ofra settlers said they purchased the land, but did not file the purchase with the Israeli Land Registry in order to protect the Palestinian sellers. Poloff observed the nine homes, which are all inhabited, as well as the concrete foundations for 24 new structures whose construction is currently frozen. End Summary. NGO Yesh Din Takes Legal Action Against Ofra -------------- ¶2. (C) NGO Yesh Din founder and lawyer Michael Sfard told Poloff on April 28 that Yesh Din is pursuing a HCJ case regarding nine homes in Ofra on behalf of Palestinian landowners who claim they own the land on which the homes are built. Sfard said the Israeli Ministry of Defense (MOD) admitted during a March 23 court hearing that most of the residential units in Ofra were constructed without permits. As the Yesh Din case is potentially precedent-setting, the MOD seeks a "more general solution" that does not involve evacuation and dismantlement in Ofra, which, Sfard contends, the MOD considers a "prominent and mainstream" settlement. Sfard said the HCJ ordered the MOD to explain by May 22 how it proposes addressing this issue. Sfard suggested that the MOD's response will not be substantive, "putting the ball back in the HCJ's court." He pointed out that the nine homes were inhabited illegally eight months ago, before they were completed, contrary to an injunction order. ¶3. (C) In response to the settlers' claim that the land was purchased legally, Sfard said that registered land cannot be transferred without a permit from the Israel Land Authority, saying, "there are dozens of Palestinian plot owners involved in Ofra's legal case, and the settlers have never proven their claims." Settler Residents of Nine Homes Await HCJ Verdict -------------- -------------- ¶4. (C) Ofra settler and spokeswoman Ruchie Avital told Poloff on April 24 that the land for the nine homes was legally purchased from Palestinians "for a lot of money by Ofra as a community," and claimed that Ofra never registered the purchase with the Israel Land Authority because "the sellers' lives were in danger," and Ofra wanted to "protect the sellers from reprisals." When asked if the Israel Land Authority had issued permits for the sales, Avital replied, "there are buildings all over Israel that have not yet gone through the full administrative process. The two options are to legalize these buildings or destroy them; the State must legalize them." According to Avital, Ofra agreed to freeze construction on an additional 24 structures because "we do not want any more legal trouble." Poloff observed concrete foundations on the 24 new building sites. Sfard suggested to Poloff that the MOD advised Ofra to freeze construction on these residential units to "keep its head down" during the current legal proceedings. ¶5. (C) Poloff also observed the nine completed homes, which are located in the "Givat Zvi" neighborhood of Ofra's built-up area, and are all inhabited. Avital told Poloff that the residents are young Israeli couples who have paid high mortgage rates for almost one year and are concerned about potential eviction and financial loss if the HCJ directs the MOD to demolish the homes. WALLES