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Update July 28, 2003
Update on the Nassar
Farm Land Case (from the Nassar Family)
URGENT NOTICE
AND UPDATE ON THE NASSAR LAND CASE
26. January
2004
We are now
in the final stages of our case at the Supreme Court and it has
become apparent that there is a crucial need for an expert opinion
by an Israeli expert on our behalf.
As explained
previously, in spite of the fact that our ownership of the land
is clear beyond any doubt to any rational objective person, we
are still wrestling with the courts. Though the Nassar family
owns the land registration documents and have been in possession
of the land since it was bought 80 years ago, we still face a
very difficult battle. The State wants the land in order to expand
the nearby settlement of Neve Daniel. The military court stated
that because one of the four borders of the land is named differently
in the Turkish and British land registration documents than how
it is currently named there is no proof that this is the Nassar's
land. This minor name difference was deemed sufficient by the
military court to take the land and give it to the nearby settlement.
The court has also declared that the land bought by the Nassar
family was not the same land that we planted on from the moment
it was bought 80 years ago!!!! This decision is absurd and unfortunately
the Supreme Court is also hostile towards us because it is politically
difficult for the Supreme Court to prevent the land from being
taken from us (Christian Palestinians) in order to give it to
a Jewish settlement.
The first
court session we had was in our favor and the process was going
well, but sadly the Supreme Court sent the case back to the Military
Court. The Military Court ruled against us again and stressed
as its main point that we did not have a conclusive expert opinion
needed for the name of the border. In addition to that, since
the Palestinian surveyors were not registered in Israel, their
opinions carried little weight in the Supreme Court.
Attorneys
Jonathan Kuttab and Sani Khoury informed the Nassar family that
at this moment they require an expert opinion by a top Israeli
surveyor in order to prevent any excuse from the military court
and the Supreme Court, and in order to leave them no choice but
to return the land. Mr. Kraus, the Israeli expert, was contacted
by the Nassar's attorneys and he informed us that there is no
doubt whatsoever in his mind that the land is ours. It will however
take a lot of work to bring the irrefutable evidence that is required
in this case. Mr. Kraus recognizes the special circumstances of
this case due to the political situation and nature of which it
is involved. Therefore in order to gain the proper evidence needed
he will need to bring the original Turkish documents from Istanbul
and the original British documents from London.
According
to our attorneys Mr. Kraus is recognized as the number one expert
in the country and an expert opinion by him based on the original
documents from Turkey and Britian cannot be refuted.
This is a
synopsis of what Mr. Kraus is planning on doing to prove the tie
between the Kushan (the Tabu registration papers) and the area:
First, he
has to clarify and identify the borders of the four sides of the
area. This work entails locating old maps to get information on
the names of the wadis and places which previously existed in
the area where the land is located. These maps will have to be
searched for in various places in Israel, England and Turkey.
Similarly, he has to find various documents that were written
and recorded in the land registry by the Registrar at that time.
These documents can sometimes be found in the Tabu in Turkey and
the archives of the British Empire.
After an absolute
and final identification of the boundaries of the entire property,
(according to the boundaries of the registration papers), Mr.
Kraus will prepare a map for registration purposes, to define
the property's borders in graphic way. The map will be accompanied
by a detailed, professional opinion which will explain the way
Mr. Kraus worked, and the conclusions he reached.
Mr. Kraus
intends to make 2 immediate trips. Our problem however is that
Mr. Kraus requires large sums of money as fees and expenses.
The first
trip he will make will be to Istanbul in Turkey, to obtain the
old original land registration documents. The surveyor says that
he will need to take with him an expert translator of old Turkish-Arabic
- the language that the documents are in. Mr. Kraus will require
the sum of $ 20,000 for the fees and expenses for him and the
linguistic expert for their trip to Istanbul. In addition Mr.
Kraus will require the sum of $15,000 as his fees and expenses
for the trip to London. For his work and opinion Mr. Kraus is
requiring an additional $ 35,000, which makes the total required
$ 70,000.
As mentioned
the expert Mr. Kraus is the top expert in Israel and bringing
the top expert in Israel to testify on our behalf in the Israeli
court is a crucial step. No one has the necessary weight to refute
such a testimony and even a hostile Israeli court cannot disregard
such an opinion.
The expert
is confident that he can regain the land and he is certain that
the intended use of the confiscated land was for housing purposes.
According to Mr. Kraus in light of the fact that the land was
designated as land intended for building he believes there is
a good possibility for obtaining a building licenses. In such
a case there would be wide possibilities for developing projects
on the land.
Time is critical;
we have 45 days to prepare for the next court meeting and Mr.
Kraus has to present his work (opinion and maps) within the 45
days. Mr. Kraus agreed that the $70,000 he is charging for his
work has to be paid in four equal payments. In order for Mr. Kraus
to start the work, he needs the first payment which is $17,000
in advance before he starts the work. We need this first payment
of $17,000 within the next 45 days and would greatly appreciate
any help you can give. We have been in this court case for more
than 12 years and we finally have the opportunity to end this
struggle and regain our land. We've come too far to give up now.
Please send
this letter to your friends, Churches and other organizations
and please help us in raising funds for this purpose. Any kind
of assistance is appreciated.
If you need
more information or an idea how to help, please don't hesitate
to contact us at
tnations@p-ol.com
Thank you
for your help and support
Please
make checks out to:
Tent of
Nations,
8925 Monsanto Dr,
Cincinnati, OH 45231.
Please
send donations to:
Fifth Third (5/3) Bank,
Finneytown Bank Mart,
8685 Winton Rd
Mail Drop 108811,
Cincinnati, OHIO, 45231
Routing number: 042000314
Account Name: Tent of Nations
Daoud Nassar
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