9 December 1997

Today, the Israeli High Court of Justice approved the demolition of two homes and the sealing of two other homes of the relatives of the alleged suicide bombers of the attacks of 30 July and 4 September. Last month, LAW submitted a petition to the Court to stop the demolitions and sealings, as it comprises collective punishment against the family members, over 30 people, who were never accused of involvement in the bombings. The residents of the homes include elderly persons over 60 years old. The houses are among the oldest in the village of Asira A-Shamaliya, some dating back 100 years.

The Court rejected LAW's petition to stop the demolitions and sealings stating that although the demolition was a "harsh sanction", it did not comprise a punishment. However, the Court stretched its reasoning, holding that since the house demolitions and sealings were a means to deter others from undertaking bombings that kill innocent people, then the army could destroy the homes of other innocent people.

The Court also rejected LAW's contention that the government lacked sufficient evidence regarding the identities of the bodies, and that it had not proven conclusively that the bodies were the relatives of the homeowners. Indeed, in two cases the families did not make a positive identification of the bodies, and in one case the relatives never saw the body. The Court held that the secret evidence, which included confessions of persons under torture and forcibly conducted DNA tests carried out by the Israeli government, constituted sufficient evidence to dispel any doubt about the identity of the bodies.

Following the Court's decision, four more innocent families will be left homeless by the Israeli security forces. Within the coming days, the Israeli army will destroy two of the homes and permanently seal the remaining two by pouring cement into the entire house interior, the windows and doorways.

The President of the Israeli High Court Aaron Barak wrote the decision, and Justices Benish and Goldberg concurred.

LAW - The Palestinian Society for the Protection of Human Rights and the Environment is a non-governmental organization, dedicated to preserving human rights through legal advocacy. LAW is also an affiliate member of the Paris-based International Federation for Human Rights.