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Deliberation held on demolition of terrorist’s house

Rabbanit Sivan Ohayon; Photo credit: Flash90

Monday, October 12, 2020, 16:58 On Monday, October 12, a deliberation took place on the petition filed by Khalil Abed Alhalaq Mahmed Duikat, the terrorist who murdered Rabbi Shai Ohayon, Hy”d, in Petah Tikva in August, at the Supreme Court sitting as the High Court of Justice. The terrorist, his family, and a radical left-wing organization petitioned the court, demanding that the IDF not demolish the terrorist’s house. Eleven days previously, Supreme Court Justice Neal Hendel had issued an interim order prohibiting the IDF from demolishing the terrorist’s house until a deliberation was held on the petition.

Honenu Attorney Chayim Bleicher: “We left the High Court of Justice with Rabbi Shai Ohayon’s family after the deliberation. We were horrified to hear Justice [Menachem (Meni)] Mazuz relate to murder victims as a statistic. He stated that statistics had gone down and so perhaps there is no need to take steps for deterrence, as if when there are fewer murder victims the situation is less terrible. Every murdered Jew is the loss of an entire world. Moreover, at previous deliberations held by the High Court of Justice there were justices who said that if there are many terror attacks then demolishing terrorists’ houses has not succeeded in stopping the attacks so perhaps the demolitions should be renounced.

“The time has come to stop abandoning Israel’s deterrence factors and to start decisively fighting terror, and to put an end to it. In the name of the families [victims of terror] and in the name of the People of Israel, we demand, ‘Stop the terror, create deterrence factors, and stop searching for every possible way to weaken the State of Israel!”

The justices are expected to hand down a decision on the petition later the same day (Monday).

On the day prior to the deliberation, Rabbanit Sivan Ohayon, Rabbi Shai Ohayon’s widow expressed the hope that the petition would be rejected and that the justices would order the demolition of the terrorist’s house: “We hope and want to believe that justice will be done in order to prevent the next murderer from leaving his house, taking a life, and destroying an entire family. It is the moral and ethical duty of the State of Israel to provide for the security of its citizens.”

Honenu Attorney Chayim Bleicher, who is representing the Ohayon family and assisting them with realizing their rights as victims of terror, also made a statement: “Tomorrow we will arrive at the deliberation with the widow and other members of Rabbi Shai Ohayon’s family to send a message to the High Court of Justice. The time has come to stop the bloodshed of Israeli citizens for being Jews in their own land. Do not prevent the IDF from doing the minimum necessary to create a deterrence against people whose only desire is murdering Jews.”

In a related case, the High Court of Justice recently ruled that the house of the terrorist who murdered Golani Brigade Staff Sergeant Amit Ben Yigal, Hy”d, in May, will not be demolished. Therefore, Honenu explains, the results of the deliberation will have decisive significance concerning the demolition of terrorists’ houses: “Rejecting the petition tomorrow will leave a deterrence factor in the hands of the security forces, almost the only one remaining: demolition of terrorists’ houses. If the justices accept the petition filed by the terrorist and his assistants, the ability of the IDF to deter terrorists with the threat of house demolition will be greatly damaged.”

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