Nonprofit Head Sentenced to Jail for Building Violations
Jerusalem's District Court has upheld a two-month jail sentence, to be served as community service, for the de facto manager of the "Derechay Derech Noam" nonprofit in Beit Shemesh. The sentence also includes fines for prolonged violation of a demolition order and additional construction offenses. The court emphasized that persistent disregard for a demolition order, coupled with new building violations, warrants imprisonment.
The case, initiated by the Israel Land Authority and prosecuted by the State Attorney's Office, involved the violation of a 2010 demolition order for structures totaling approximately 418 square meters. Furthermore, five new structures, spanning about 181 square meters and used for educational institutions and kindergartens, were built without permits.
The court rejected arguments that the nonprofit's educational activities and a shortage of classrooms justified a lighter sentence, stating that these reasons do not permit self-rule or prolonged defiance of judicial orders. Claims of selective enforcement and the possibility of future legalization of the construction were also dismissed.
Given the years-long violation of the demolition order and ongoing new construction offenses, the court determined that the case merited a jail sentence, even though imprisonment is not typically imposed for a first-time violation of such an order. In addition to the two months of community service, the manager received a three-month suspended sentence, a NIS 50,000 fine, and a similar-amount guarantee.
The nonprofit itself was fined NIS 200,000 and ordered to provide an identical guarantee. Existing orders to bring the construction into compliance with permits, including potential demolition, and to cease the use of the buildings remain in effect.
The Israel Land Authority stated that the ruling clarifies that violating a judicial order is not a technicality and that prolonged disregard for the law can lead to imprisonment. The authority stressed that those managing nonprofits or public institutions bear personal responsibility for their operations and are expected to supervise, prevent offenses, and ensure compliance with judicial orders, as public or educational goals do not grant immunity from the law.
