Violation: the takeover of a residence despite a eviction decision on it
Date: 08/12/2013
Perpetrators: Ofra colonists
Victims: the family of the late Mohamad Shihada
Details:
The commander of the occupation army General Nitzan Alon signed, on December 8th 2013, an order to confiscate a Palestinian house located next to the bypass road no. 60, east of Ein Yabrod under the pretext of security reasons. Colonists were allowed to reside in the premises though .
The signing of this order came ten days after a decision made by Israel Supreme Court affirming the ownership of the place is Palestinian. Disregarding the decision, colonists refused to vacate the residence.
One of the deceased heirs to the LRC researcher stated the following: "the house was built in 1982 one kilometer out of the master plan of Yabrod. My father Mohamad Shihada lived with his family in this house until he passed away in 1987 but the family is still residing the place until now".
In nineties, the occupation opened the bypass road no.60 that separated the house from the village where the house got to be located in the eastern side of the road; more specifically 2km away from Ofra colony.
During the second Intifada in 2003, the family had to move to Ein Yabrod due to the frequent violations, assaults, and raids carried out by soldiers of the occupation throughout the whole time of the Intifada. Not only that, Ofra colonists have always threatened the family of death in any minute.
On May 2003, colonists arrived at the places and changed the doors locks."Homeland" company relative to Amana association which is located in Maale Adummim claimed the possession of the residence through purchase. Noteworthy, the so-called Civil Administration refused to register the property for the company due to lack of submitted legal documents.
In 2006, the heirs of Shiahada family submitted a penal action in the Supreme court of Israel, calling for colonists to vacate the house and render it to its legitimate owners.
In 2008, Homeland company appealed against the complaint submitted by Shiada family and demanded the ownership of the place. Colonists used hoax documents "sale contract" signed in the United States in mid 1989. Owners of the house asserted that the original owner of the house "the father" died before the previous date and that he did not travel out of the West Bank ten years before his death. Not only that, the name of the owner in contract was counterfeited.
After submitting a plea to the Supreme court, a decision was made to remove a fence surrounding the house, which is as a matter of fact the fence of Ofra colony. Dismantling the fence did not stop colonists who came back and installed another one with flash lights.
As a result, the family is still denied access to the house even after 10 years of the court decision. Colonists as well to the authorities of the occupation have been doing whatsoever to serve the colonial expansion plans disregarding the law. This facilitate lands takeover and confiscation to spread over and establish new colonial units and outposts that eventually evolve into colonies.
Photos: 1-2: Shihada house with a scene of Ofra colony in the background
This case is not one of its kind in which colonists and the military enterprise play a joint role in looting houses and lands disregarding the Israeli law; their law.
Prepared by
The Land Research Center
LRC
