Court ruling: Ramat Migron residents are permanent residents

Friday, May 18, 8:20 A., the youth arrested Wednesday (May 16) night during the destruction in Ramat Migron has been released. The judge ruled that the youth is a permanent resident of the site and therefore the closed military zone order effective on the site is not applicable to him, Honenu reports. This ruling is preceded by the ruling of the Jerusalem District Court last week in which the court ruled that Aryeh Davis is a permanent resident of Mitze Avichai, an outpost of Kiryat Arba-Hevron. Davis was arrested following his refusal to sign of his own volition on a restraining order banning him from the site, after, according to the police, he violated a closed military zone order. In a deliberation on his case, Davis claimed that he had been a resident of the outpost for over three years and that the closed military zone order excludes him and his fellow residents under the clause stating that the order is not applicable to the permanent residents. The judge ruled that indeed the order does not pertain to Davis and ordered his release. The police requested a delay in carrying out the order until they filed an appeal with the district court. The district court rejected the police’s appeal and ordered that Davis be allowed to return to Mitzpe Avichai for the reason stated above. Honenu attorney Itzik Bam, who represented Davis, considers this a precedent, in which the court ruled that Jews are also residents of the site. Usually there is a clause in closed military zone orders which excludes the residents of the site, the aim of which is not to harm the freedom of movement of the Arabs who reside in the site. The court’s decision changes the situation. Late Wednesday (May 17) night during the destruction wrought by the Civil Administration and the Binyamin Border Police, A., a youth residing in Ramat Migron whose house was destroyed, was arrested on the grounds of violating a closed military zone order. On Thursday (May 18) A. was brought to a deliberation at the Jerusalem Magistrate Court before Judge Hagit Mak-Kalmanovitch. The police demanded a restraining order banning A. from Ramat Migron and a 2,000 NIS bond as security. Honenu attorney Itzik Bam who represented A. pleaded that the youth is a permanent resident of the site and that the center of his life is in Ramat Migron. Judge Mak-Kalmanovitch accepted Bam’s plea and unconditionally released the youth. Bam adds that the police violated the rights of A., a 15 year old youth, which are protected by law. During A.’s interrogation neither his parents nor another adult were present, as is required by law. Also the youth was forced to spend the night on a bench in the Sha’ar Binyamin Police Station. Is this the end of the Ramat Migron saga? Will we not hear again of the endless persecution, ambushes, detainments, arrests and restraining orders that have been the daily ordeal of the Ramat Migron residents? Time will tell.

Update: Please see here for the most recent, as of April 26, 2013, post on a Ramat Migron resident falsely detained for entering a closed military zone.

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