the residents could be declared “absentee” within the meaning of the law.
After the property was declared absentee property, which placed it under
the control of the government, the Custodian would transfer the property to
the Jerusalem Development Authority. The 2013 UN Human Rights Council
report also concluded that the confiscation of lands in Silwan as a way to
transfer Jewish-Israeli colonizers into the occupied territory is “an explicit
but undeclared Israeli policy involving senior figures in various government
ministries, the Finance Ministry (the Custodian of Absentee Property),
the Housing Ministry, the Israel Land Administration, the JNF, government
companies, security forces, and the Jerusalem Municipality.”184
Fraudulent Purchases of Palestinian Property
After the release of the incriminating Klugman Report, it became more
prevalent for colonizers to dubiously purchase coveted lands or properties.
This mechanism often involves violent home invasions, coercive
acquisition of the Palestinian landowners’ fingerprints or signatures, the
kidnapping of the landowner, the use of corrupt land brokers, and forgery.185
Despite rampant instances of fraudulent land purchases, the government
continues to facilitate and endorse the illegal and often violent occupation
of Palestinian homes by colonizers by providing them with the protection
of security forces and police.186 Colonizer organizations have intensified
these tactics to further dispossess Palestinians, relying on their special
relationship with the Israeli government, which provides them with
almost blanket impunity. The onerous burden of proof of land or property
ownership is placed on the Palestinians rather than on the colonizer
organization,187 and Palestinians rarely receive justice from challenging
the tactics of colonizers or colonizer organizations in Israeli courts.188
184 Id., 15.
185 Mohammad Elyas Nazzal, “Land and Property Leaking in the West Bank" 2016, 140-160.
الغربية الضفة في والعقارات االراضي تسريب
186 Id., 16.
187 Id., 18.
188 Even in cases such as the Abbasi house in Silwan, where the Jerusalem District Judge concluded that
the lands were confiscated as “absentee property” in an “extreme lack of good faith” with “no factual
or legal basis”, the land remained confiscated and colonizers from El’Ad continued to live on it. See
Ahdaf Soueif, “The dig dividing Jerusalem,” The Guardian, 10 May 2010, available at: https://www.
theguardian.com/world/2010/may/26/jerusalem-city-of-david-palestinians-archaeology [accessed
22 September 2017].
66
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