Honenu victory for resident of Mitzpe Avichai

Recently (May 8 ) Honenu defended Aryeh Davis, a resident of Mitzpe Avichai, an outpost of Kiryat Arba-Hevron. Davis was accused of violating a closed military zone order.

Jerusalem District Court Judge Refael Yaakobi later ruled that Davis is a permanent resident of Mitzpe Avichai and therefore the order does not pertain to him.

Below are statements from Aryeh Davis and Honenu attorney Itzik Bam, who represented Davis. The statements are translated from the Hebrew article on INN.

Davis commented that this is not the first time that the army has inappropriately used a closed military zone order. “A closed military zone order is not a demolition order. Shai Nitzan has already said that this is their way to wage war on the settlements, by taking out closed military zone orders, but it’s really not legal.”

According to him his family will continue to live in Mitzpe Avichai, despite the fact that it has been destroyed numerous times during recent months. “We will continue to live here. I am glad that the judge was fair and hope that he will continue to be so. I welcome the decision.”

The response of Honenu attorney Itzik Bam, who represented Davis: ” This decision sets a precedent which determines that a Jew can be a permanent resident of Mitzpe Avichai. The security force always treat the Arabs as locals and refer to them as such. In this case the court, despite the opposition of the police, ruled that a Jew who has lived in a location for a long time is considered a “local”, that is to say a permanent resident for whom the closed military zone order is not applicable. The major general wanted to have the area free of all Jews and determined in the order that the permanent residents could stay, because he thought that only Arabs would be recognized as permanent residents. The court came and said that unequivocally Jews are also permanent residents of the location and Aryeh Davis may remain. It is sad to see that the State of Israel and the police are working so hard in order to “cleanse” Mitzpe Avichai of Jews.”

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