Jerusalem Legal Aid and Human Rights Center succeeds in obtaining an order from the Legal Advisor of the Israeli Government to reopen Al-Shaheed stores in Hebron that were closed by a military order on March 15th, 2016.
Based on regulation 129 of the Emergency Law, and clause 319 of the military orders, the military commander issued a closing order against the shops of Mr. Jaweed Jaber, after suspecting that two of his employees (Qasem Jaber and Ameer Al-Jundi) held an attack near Keryat Arba’ settlement on March 14th 2016.
An objection against the closing order was submitted by adv. Fatima Nasser Eddin- Tubji to the military commander. The objection relied on several arguments, in which Tubji proved that the stores were not owned by the employees, but the ownership was to a third person; Mr. Jaweed Jaber, and therefore issuing such an order to someone who is irrelevant to the attacks is unreasonable and lacks any grounds of justice. Additionally, Adv. Tubji argued that Mr. Jaber was not given any chance to defend himself before issuing the order, and that there was no relation between the nature of the commercial shop business and to what is claimed as a “breach of public security” by the military commander.
Also, Adv. Tubji argued that the commander has no jurisdiction over area “A” where the stores are located, which are considered under the jurisdiction of the Palestinian Authority, and therefore the commander cannot issue such an order.