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| By: Israel Insider staff |
| Published: August 26, 2007 |
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The Kfar Saba juvenile court on Sunday set a precedent for dealing with right-wing activists who return to the evacuated settlement of Homesh, according to the Jerusalem Post. Judge David Gadol ordered the release of a girl who was arrested for marching to the former settlement of Homesh.
Police wanted to detain the girl claiming that she had violated the Disengagement Law, which prohibits citizens from staying on evacuated land.
However Gadol ruled that the law governing the disengagement did not cover the prosecution of those who returned to the settlement, Army Radio reported.
The judged decided that suspects could not be brought to court based on the Disengagement Law, which was essentially aimed at ensuring the implementation of the pullout from Gaza.
"The punitive section of the Disengagement Law has exhausted itself, and as of today it's impossible to bring suspects to court on this basis," Gadol wrote.
"The subject raises an interesting question - and ? we have to wonder what the legal status of the evacuated settlement of Homesh is," he added. "No one argues that on the eve of the evacuation, [Homesh] was considered, like the rest of the settlements in Judea and Samaria where Israelis were living, IDF-controlled territory. Once Homesh was evacuated, unlike with the Gaza settlements, it was not given to anyone."
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