US embassy cable - 05TELAVIV1062

C O N F I D E N T I A L SECTION 01 OF 02 TEL AVIV 001062 
 
SIPDIS 
 
E.O. 12958: DECL: 02/22/2015 
TAGS: PREL, KWBG, IS, SETTLEMENTS, GOI INTERNAL 
SUBJECT: NIRIT'S RESIDENTS HAVE A LONG DAY IN COURT AND 
COME HOME EMPTY-HANDED... FOR NOW 
 
REF: A. TEL AVIV 06649 
     B. TEL AVIV 00511 
     C. TEL AVIV 00659 
 
Classified By: Economic Counselor William Weinstein for reasons 1.4 (b) 
 and (d) 
 
1.  (C) Summary:  Dror Ginatt, secretary general of the 
Israeli town of Nirit on the west side of the Green Line, 
described Nirit's hearing in the High Court to stop 
construction of Nof HaSharon as arduous but felt that Nirit 
got a fair trial.  He explained that the three judges, among 
them Aharon Barak, were initially dismissive when the 
residents argued their case on political grounds -- GOI 
commitments to the U.S. not to expand settlements -- and that 
the judges initially told the residents to consider 
withdrawing their petition from the court.  The judges became 
more receptive, however, when Nirit's lawyers discussed the 
complications of providing municipal services to the 
neighboring settlement that will be built on the east side of 
the Green Line and when they talked about the impact the 
settlement would have on the community values of Nirit. 
Ginatt noted that the hearing was unusual in the amount of 
time it took and in the fact that the judges did not announce 
their decision right away.  He expressed guarded optimism 
that the delay meant the judges were seriously considering 
the petition.  Arie Han, a resident of Nirit, speculated that 
an article by Aluf Benn in Ha'aretz on February 11 reporting 
that the U.S. administration is against construction of Nof 
HaSharon may have had an impact on the judges, as well.  End 
summary. 
 
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Difficult Day in Court 
---------------------- 
 
2.  (C) Dror Ginatt, secretary general of the Israeli town of 
Nirit on the west side of the Green Line, told economic 
officer on February 16 that the residents' hearing at the 
High Court to stop construction of the new settlement of Nof 
HaSharon was "very long and serious."  According to Ginatt, 
the February 13 hearing lasted over two and a half hours, and 
in the end, the three judges asked for more time to 
deliberate the matter, saying they would announce their final 
decision the week of the 21st.  Ginatt opined that the fact 
that the judges did not make a decision on the spot was good 
because it means they are seriously considering the issue, 
since normally they would make a decision after hearing a 
case for "10 minutes." 
 
3.  (C) Ginatt explained that the first half hour of the 
hearing consisted of Nirit's lawyers arguing the political 
merits of their case (Note:  Nirit filed the petition 
claiming that Nof HaSharon is illegal because the GOI made 
commitments to the USG not to expand settlements.  End note). 
 The judges almost dismissed the case at this point, and 
according to Arie Han, a resident of Nirit, they "attacked" 
Nirit's lawyers and accused the residents of trying to back 
out of the agreement they made years ago with the private 
developers who are undertaking the construction project.  Han 
and Ginatt said the judges told them to "take a break" and 
consider withdrawing the petition from the court. 
 
4.  (C) According to Ginatt, upon returning from the break, 
Nirit's residents and their lawyers insisted that they wanted 
a decision from the High Court on the legality of the 
settlement and told the judges that they would not withdraw 
their petition.  They also provided more information on the 
housing development, and showed the judges a map of the 
location in question.  Ginatt related that the map was 
eye-opening for the judges because "they did not realize the 
distance between Alfe Menashe and Nof HaSharon" from the 
materials the judges had studied prior to the hearing. 
Nirit's lawyers also discussed the planning and development 
issues of where Nof HaSharon would get its municipal services 
and infrastructure because it is too far from Alfe Menashe to 
be supported by the mother settlement. 
 
5.  (C) After arguing the logistical difficulties of 
providing support to Nof HaSharon, Ginatt reported that the 
third part of the hearing consisted of a discussion of 
Nirit's community values, which the lawyers said would suffer 
because outside residents would be forcing themselves on 
Nirit and would damage the environment of "volunteerism."  He 
said that Ilan Niv, Nirit's chairman, was allowed to speak to 
the judges and that it made "a big impact" on them. 
According to Ginatt, it was unusual that Niv was able to 
speak directly to the court because normally only lawyers 
speak to the judges. 
 
6.  (C) Ginatt also told econoff that there has been an 
"obvious reduction" in the pace of construction over the past 
few days.  He was unsure if the slow-down was caused by the 
weather or the upcoming hearing, but that it was noticeable 
regardless. 
 
------------------------- 
We'll See, But It Was Fair 
------------------------- 
 
7.  (C) Ginatt expressed his gratitude to the High Court for 
giving Nirit's residents so much time to argue their case, 
and although he is not entirely optimistic that the judges 
will rule in their favor, he said that he felt they got a 
fair trial and were able to express their point of view as 
thoroughly as possible.  Han speculated that Aluf Benn's 
article in Ha'aretz on February 11 may have encouraged the 
judges to take their time when coming to a decision on 
Nirit's petition (Note:  In "Why Was This Summit Different?" 
Benn claimed that "The U.S. administration also opposes the 
building of a new outlying neighborhood in Alfe Menashe 
adjoining the Nirit settlement on the Green Line."  End note). 
 
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