Case Number

HCJ 9593/04

Date Decided

6-26-2006

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: The petitioners, who represent five Arab villages in the territory of Judaea and Samaria, claimed that the respondents unlawfully deny Palestinian farmers in those villages access to their agricultural land. The petitioners also claimed that the respondents do not act to prevent attacks and harassment perpetrated by Israeli inhabitants of the territory of Judaea and Samaria against Palestinian farmers and do not enforce the law against the Israeli inhabitants. In reply, the respondents explained that the agricultural land was closed only when it was necessary to protect the Palestinian farmers from harassment by Israeli inhabitants. The respondents also notified the court of the actions taken by them to enforce the law against Israeli inhabitants in Judaea and Samaria.

Held: The measure of denying Palestinian farmers access to their land for their own protection is disproportionate. The proper way of protecting Palestinian farmers from harassment is for the respondents to provide proper security arrangements and to impose restrictions on those persons who carry out the unlawful acts.

Law enforcement in Judaea and Samaria is insufficient and unacceptable, since the measures adopted have not provided a solution to the problems of harassment. The respondents were ordered to improve law enforcement procedures to deal with the problem properly.

Keywords

Administrative Law -- Discretion, Constitutional Law -- Property Rights, Criminal Law -- Enforcement, International Law -- Occupied territories

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