Friday, December 04, 2009
Attorney to Challenge Construction Freeze on Legal Grounds
Attorney Akiva Sylvetsky, the legal adviser for the Samaria Regional Council, is convinced that the government’s ban on Jewish construction in Judea and Samaria can be successfully challenged through legal action. Sylvetsky told Israel National News that although it is difficult to know the odds for success, an appeal must be made to the High Court of Justice to cancel the discriminatory government edict which so blatantly violates the civil rights of local Jews. The attorney added that the construction ban violates the rights of people to live where they choose and will also severely impact building contractors who will have difficulty working or providing for their families.
Although confident that the law supports the rights of local Jews to live and build in Judea and Samaria, Sylvetsky expressed sobriety regarding the infamous politically biases that exist within the courts. “Although after the precedent of the expulsion of Jews from Gush Katif it is difficult to expect that the court will overrule the prime minister and the judges will most likely claim that they do not interfere in political matters, we should still attempt to pursue this course of action. Unfortunately, we have seen and experienced that our courts are reluctant to protect the rights of Jewish residents of Judea and Samaria the way they defend the rights of Arabs in these areas.” Still Sylvetsky asserts that the objective legality of the situation and the transparency of such a blatant injustice against Israeli citizens may force the legal establishment to overcome their political biases and rule against the construction freeze.