The northern Shomron community of Chomesh was uprooted in 2005 as part of Ariel Sharon’s so-called Disengagement Plan. Following that act, Israelis are prohibited from entering the area according to the law.

Jews have been trying to maintain a presence there nonetheless and a court ruling shows authorities have been discriminating between visits by Israeli Jews and Israeli Arabs.

A Jewish male, who does not wish to have his name revealed, was indicted for violating the law prohibiting him entry to the former Chomesh. He is charged with entering illegally twice in 2010. In response to the indictment, public defender Sharon Danieli argued the area where he was apprehended is outside the former yishuv. In addition, the defense argued enforcement of the law is discriminatory as Israeli Arabs are permitted entry while Israeli Jews are barred.

While a magistrate court rejected the contention he was not in Chomesh, the court did accept the argument that enforcement is discriminatory as the defense counsel pointed out.

Magistrate Court Justice Nava Bakor wrote, “An unequal enforcement policy with a sweeping distinction between Jews and Israeli Arabs is improper and outrageous and justifies the defendant’s acquittal”.

The ruling found that selective enforcement by Israel is deliberate, intended to protect Jews from being abducted and to strengthen the PA (Palestinian Authority) economy.

Testimony heard during the trial showed security agencies are aware of Jews entering that area often, including testimony from policemen who stated in 2010 there were dozens of such cases. Police told the court the defendant was apprehended with others, and they had sleeping bags, large bags, coolers, chairs and additional items. At least one person had his IDF-issued weapon for self-defense purposes.

The defendant told the court that during the two years following the expulsion he continued living in Sanur, the neighboring community that was also uprooted in 2005. Only when he was ousted from there did he move to Yitzhar and took part in a number of attempts to resettle Chomesh, admitting he was aware at the time his actions were illegal.

In the court’s ruling, Justice Bakor added the defendant remained silent during a major portion of police questioning as he viewed his arrest as ‘political’ in addition to believing police were hounding him and others like him, residents of the Shomron.

IDF counsel for the Yehuda & Shomron Division Command Colonel Doron Ben-Barak explained to the court the reasoning for the inequality in enforcement but the court ruled there was no place for such discrimination between one citizen and another, acquitting the defendant.

(YWN – Israel Desk, Jerusalem)