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High Court Petition Against the Prosecutors: "They protect the Palestinians"
A petition to the High Court reveals the selective enforcement of a department within the State Prosecutor's Office when dealing with illegal Jewish construction in Judea and Samaria as compared to the Palestinians.
Regavim attorney Amir Fischer demands that the Attorney General explain why they do not resume the proceedings in dozens of cases where treatment is stopped and therefore the cases have been delayed or frozen. Moreover, he demands that the Supreme Court order the Prosecutor to object to the delay of proceedings in similar cases or deleting petitions due to inactivity, when an interim order was issued against the demolition of illegal buildings that had already had a legally issued demolition order on them.
Attorney Fisher cites twenty cases of illegal construction by Palestinians, where the Supreme Court has issued an interim order stopping the demolition until the discussion of petitions, but such a discussion never happened, because the department of Supreme Court petitions in the State Prosecutor's Office never handled the case, never presented a substantive comment on the petition, and never asked to discuss the case, so it was closed or frozen for “inactivity.”
Fisher argues that "while concerning the petitions of the Arab residents of Judea and Samaria that had a demolition order issued against them for illegal construction, the department ceases handling and the demolition is prevented, which in practice leaves the illegal houses intact, when it comes to Jews, the case is advanced aggressively to demolish homes."
Fisher argues that the Prosecution's conduct in fact created a "legal immunity" for illegal Palestinian construction who petitioned to the High Court. This conduct violates the rule of law, enforcing the law in Judea and Samaria, and equality before the law.
Regavim displays cases lying untouched for 12 years. For example, there were more than 400 petitions to the High Court which include more than 700 illegal houses that were frozen due to the conduct of the department of Supreme Court petitions in the State Prosecutor's Office while almost no similar incident occurred in the case of illegal Jewish homes. In comparison, in cases of illegal Jewish construction against which demolition orders were issued, the Prosecution quickly set an appointment for discussion and set out to defend the demolition order within hours, days or weeks at most.
In response to request of Regavim, the director of the department of Supreme Court petitions in the State Prosecutor's Office, Mrs. Osnat Mandel, said that these petitions are handled “according to the priorities of the professionals.” Regavim claims that Mandel's answer is not consistent with the repeated requests of the Inspection Unit of the Civil Administration (which issues the demolition orders) to the department of Supreme Court petitions to break the pattern of freezing files and delay in the proceedings, but nothing was done.
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