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Honenu to GOC: The evacuation of Amona was illegal

Thursday, February 2, 2017, 14:59 Honenu Attorney Menasheh Yado wrote a letter to the GOC of the Central Command stating that the evacuation of Amona was carried out illegally because it began before the date on which the demarcation order comes into effect, and the order itself does not authorize removing residents from the site. Honenu Attorney Menasheh Yado wrote that the evacuating forces did not present to the evacuees either an order or a legal document of any kind as grounds for their evacuation and therefore acted illegally. “The only order which was presented at the scene was presented on that very day, 31.1.17, at approximately 13:00. “This order does not constitute grounds for evacuation, and that is because of each of the reasons below: “Paragraph 4a of the order determines that its incidence starts 48 hours after its publication, that is on 2.2.17 at 13:00, and not beforehand. Therefore all of the evacuations which were carried out at the site were not carried out according to the law. “Paragraph 4 deviates, intentionally one should say, from paragraph 4 in the authorizing order no. 1539 which sets a stay of eight days from the time of the publication until the time at which the order is valid for implementation. “On the face of it, it is not clear how you signed on an order by power of an authorizing order and knowingly deviated from the commands of the authorizing order. “There is no need to say that the provision of the authorizing order takes precedence and therefore there is no validity to carrying out the order until 8.2.17. “The authorizing order and the orders issued by its power have been interpreted more than once, including very recently, in a ruling as orders that do not prohibit staying [in the area in question] when there is no construction activity, and the legal adviser of the [Central] Command is familiar with, or should be familiar with, this ruling.” Yado added that the district court’s recent ruling put into question whether or not it was possible to evacuate an individual staying on the site but not for the purpose of construction. In any event the ruling determined that it was illegal to carry out the order before eight days had passed since the time of its publication. Yado further added that his letter constitutes opposition to the order: “I request that you regard my letter as an appeal according to paragraph 8 of the authorizing order which displaces your right by law to act out of power of the demarcation order until a deliberation on the appeal is held.” “The bottom line is that the demarcation order is unsuitable to implement the evacuation order, and therefore the action is in practice illegal.”

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