- This is also 'modern-Israel'
- This is a Google translated article from the Hebrew Newspaper Ha’artz 02/11/2012
address:
Thousands evacuated from homes that were abandoned in '48 was against regulations
During the legal battle against the evacuation of the village of Lifta, one of the residents revealed a historical document from the 50s. Document shows that the residents were housed in the Palestinian houses could get rights to the property - but only the most affluent neighborhoods know about it
- Nir Hasson
- 02/11/2012
- 09:18
Documents from the 50s and 60s prove: the state of thousands of people evacuated from their homes illegally. The documents were an independent investigation of resident Lifta, required to turn his home after living for decades because the state defines it as an intruder.
This year marks the 60th anniversary of John's family's entry home in Lifta entrance to Jerusalem, a few feet below the road of Jerusalem, Tel Aviv and in front gardens Sakharov. Three years ago the family received a claim from Israel Lands Administration, "the essence of the claim: the removal of a hand (...) the defendant invades and has no right ..." the lawsuit says succinctly. The lawsuit has brought the family patriarch, June John, spend a few years of his life to resolve the historical question - legal: how despite all the years and despite government backing, somewhere in the early 50s, is still a "squatter" in his home?
The results of this exploration may, according to lawyers, to change the lives of tens of thousands of tenants and former tenants without a contract defined C"diirim ", Lifta in Jerusalem, an area Summayl heart of Tel Aviv, Kfar Shalem, Givat Amal neighborhood Amidar at sea level and more - all Arab villages were abandoned in '48 and became immigrants neighborhoods. According to John, concealed for years the state documents set procedures that could allow those tenants get rights to their homes. More importantly - it turns out these procedures were not hidden from everyone, and knowing John the difference between those who knew them and won their rights by those who do not is loud and clear: "The procedure specific color lines of the population. I say this without batting an eye."
Case 'tenants without a contract, "she shook the lives of tens of thousands of Israelis for decades, began with the flight of Palestinians War of Independence. Thousands of empty homes across the country and left authorities quickly began to fill them. The goal was to ease the housing shortage, but not least, prevent the return of Palestinians to their homes, and populate and strengthen the seam. Inhabited villages quickly and tenants living conditions were often harsh. Along with thousands of bytes transferred to the new tenants were legally thousands rights to the house has never been regulated. Occasionally find themselves in state and struggles tenants evicted when the State seeks to promote construction program or when the state sells the land with the tenants on which private entrepreneurs to deal with H"folshim question ".
John's family moved to Israel in 1951 from Kurdistan. Family members were housed in begins at Megiddo and after a year more families were brought to Lifta. John collected hundreds of documents in recent years, a picture emerges of life in Lifta difficult early years of statehood - without water and electricity, severe poverty and ignored distress of the residents. Among other things, the archive contains little about the history of John collected dozens of correspondence between the neighborhood, the second president's wife, Rahel Ben-Zvi, local residents and authorities. "The president is not used to solicit donations," wrote Ben-Zvi in 1958, probably a senior in the lottery, "(But) we were so shocked by this time of our visit to Lifta, our ancient village in the no man's land".
Legal explosives
Those who survived in the neighborhood were mostly those who lived in B"lifta Elite ", off Route One. Already in 1953, John's family was recognized by the City of Jerusalem. Since they pay taxes and are recognized by all authorities.
June John, 51, grew up in a house with nine brothers. Later became a successful businessman and wealthy Palestinians old house has been renovated and turned into a spectacular home overlooking the Cedar Valley and Lifta bottom. But three years ago, the Israel Lands Administration dealt the blow, with publishing a comprehensive construction plan designed to make the prestigious neighborhood of Lifta. All 13 remaining families were asked to evacuate their homes, without compensation and without negotiations took place. "Holding back the land to the claimant when they're free from any person, object and connected", the legal language of the indictment. This week the district court canceled the tender issued by the administration of this program, due to failures in the conservation provisions of the village, but residents claim Barakeh is only temporary, until the next evacuation plan.
June John, of the 13 families currently living in Lifta, in view of the village. Photo: Emil Salman
"A few days later we met in the synagogue. All were with your head in shame. These people are proud, aged 80, fell ghosts. Some said, 'We give up the house just did not call us invaders,'" says John. Soon after, he decided to dive into the affair. "I did not want to die stupid, so first of all I bought a program of judgments and started reading. I read about a thousand judgments and believe my eyes, I found no one even knew the court of his rights. I would wake up with cold sweat, I told the lawyer who went to us." The next step was digging there - finally archives - Zionist Archives and State Archives in particular, "I'd come in the morning, until they were kicking me," he says. John also made contacts with former senior Israel Lands Administration have assisted him in collecting material.
The effort paid off. Six months ago, John found a document entitled "Procedure for receiving instructions permit the urban assets of the Development Authority." The document was written in 1955 the Ministry of Finance and includes the procedures for protected tenancy rights and making key contributions on houses belonging to the Development Authority, the Authority held the Palestinians abandoned houses. One section reads: "The tenant or tenant holds the property without a contract, according to evidence in the file, before Thursday -15.3.53, will take place without prior agreement with him for" permit fees ". This sentence may be fraught with legal explosives and social. "When I read this sentence, I stop breathing," says John, "my hair stand. Read three times the entire document, and again and again."
Other document which is no less dramatic by John is "the sale of assets provisions Development Authority in 1960". According to this document, "priority is given to tenants purchasing their homes." Later they also appear in a sample form that must be delivered to their tenants before the land was sold to a third party: "I hereby inform you that you are given the option to purchase the apartment in which you hold the price to be determined by valuing government."
Unprotected tenants
Mr. Harish. Wrote a review about. Photo: Limor Adri
Since the discovery of documents, they were exposed to several lawyers who deal with administration and "hdiirim without a contract. " No one knew them or the procedures that. Gil's opinion - to plow, he wrote opinions based on these documents, they have the potential to revolutionize the balance of power between state residents. "Also Basfklriit 50s of last century, not having the documents and procedures to the attention of residents in neighborhoods or near exclusion would default improper and unreasonable, which has ruled out unlawfully vested right, "writes Harish opinion. Harish also states that since the documents were hidden, or at least were not known to tenants in different areas of the country, they can claim today the State for damages sustained as a result expulsion of the houses, even if it was done decades ago. as the law states that if material facts "disappeared plaintiff" then the prescription will begin on the day he learned of these facts.
It is estimated that thousands of families were evacuated from homes since the state they are not given the opportunity to purchase the land. Sometimes, the state sold the land with the tenants on which they had to deal with the developer. Even the lawyer Sandy Kedar of Haifa University, specializing in real estate law, and Attorney Moshe Edery, a former Israel Lands Administration, estimated that the documents make all sorts of difficulties for the evacuation of residents from their homes in the state.
In the meantime, and given the judge's hints Jerusalem Magistrate's Court, Queen Aviv, by which she sees Brady Lifta protected tenants, in part thanks to the documents invented by John, opened negotiations between the Administration to tenants on appropriate compensation for eviction. John became an expert advisor in neighborhoods throughout the country in which the state seeks to evacuate residents without a contract, and a vigorous social activist group "transition", which deals with the right to housing. "When you do this wrong you always seem specific, but it all comes together in terms of economic profit and in terms of racism, and important for us to make these connections," says writer Almog Behar, from the centers of the "transition".
Remains an open question is who knew about these procedures and has apartments on them. John points to the exclusive neighborhoods of Katamon, and Baka Talbiyeh Jerusalem, which were usually wealthy families, government officials, university professors and judges. These, for some reason were never invaded. "I am a successful person in life, I never complained about discrimination, but when you see these things come to you scream. I will not forget what my mom told me before she died, after hearing the claim for eviction:" Ivan go there (to the offices of the Administration, bring contentment), is probably wrong. ' What naivete ".
Israel Lands Authority said: "The Administration does not recognize the rights of property of 13 families Lifta assets that they hold, which is why a lawsuit filed against them warrants evacuation, in order to establish new neighborhood planned by the administration in place. Relating to the documents, right of tenants to purchase the property rights which they hold can be given Only residents are protected. holders are no rights of tenants are protected and no documents to prove it, moreover Management is not aware of payments being paid, retain all the years they held the ground. Procedure permit fees is not the practice of administration, since the Administration was established in 1960. the legal process evacuation at the same time holding the middle but have contact with residents and attempts to find an agreement with ".
Ps. We, Ariel and Ronit and our two children, lost also our house see personal story (update: in the high court we also lost what is not much different than the story from other individuals): click: A story about some Ole Chadashim (Old website)
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