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Monday, February 20, 2006
Statement from the Simon Wiesenthal Center on its Jerusalem Project

Statement from the Simon Wiesenthal Center on its Jerusalem Project

February 19, 2006

You may have read some recent articles in the press regarding the discovery
of human remains at the construction site of the Simon Wiesenthal Center's
Center for Human Dignity-Museum of Tolerance Jerusalem. Unfortunately many
of these articles are inaccurate and we would like to set the record
straight.
A group of Islamic organizations petitioned the Supreme Court of Israel to
permanently halt the construction of this project on the grounds that it is
a Moslem cemetery. Here are the critical points:

. The Center for Human Dignity is being built in the heart of West
Jerusalem, on land granted to the Simon Wiesenthal Center by the Government
of Israel and the City of Jerusalem. At no time did the Government of
Israel or the City of Jerusalem designate the site as a Moslem cemetery.
Rather, it had a legal status as a 'public open space.' The site ceased to
be regarded as a cemetery for many years, both de facto and de jure . No
burials have taken place in the Mamilla cemetery since the beginning of the
20th century.

. More importantly, the religious leaders of the Moslem community, have, for
many years, regarded this area, including the Center for Human Dignity site,
as land which could be developed for public purposes after moving and
reburying graves and human remains.

.In 1927, the Grand Mufti of Jerusalem, Haj Amin el Husseini, (a pro-Nazi
supporter of Hitler) issued a religious ruling that forbade continued
burials in this area in order to change its use to a commercial designation
so that the land could be used as an economic impetus for Arab growth.

.In 1929, the Grand Mufti, initiated the building of the Palace Hotel on the
southern part of the Mamilla cemetery and re-interred human remains found
during construction, as already then the cemetery was considered 'Mundras'
(abandoned), which according to Moslem law would permit it to be used for
public purposes.

.Moreover, at that time, the High Moslem Council set an area of the cemetery
for public buildings and an Arab university which was never built due to
lack of funds.

. On June 7, 1964, the issue was brought before the Sha'aria (Moslem
Religious Law) Court. The president of this Moslem Court of Appeals in
Jaffa ruled the cemetery "a Mundras.that its sanctity has ceased to exist in
it.and it is permitted to do whatever is permitted to do in any other land
which was never a cemetery.." To this day, this religious law approach
that permits graves to be moved for public and/or commercial use purposes
remains in effect in Moslem countries like Egypt and Lebanon.

. For the last thirty years, the site consisted of two parking lots, an
underground (four-level) parking lot, and an open, paved lot bordering the
old Mamilla cemetery. Hundreds of cars parked in these lots every day.
There were never any objections.

. The Simon Wiesenthal Center initiated a town plan to build a museum on the
parcel allocated to it by the Government of Israel and the Municipality of
Jerusalem and the City of Jerusalem issued a building permit to construct a
museum. For five years during the public planning process, the Center for
Human Dignity was the subject of hearings at open City Council meetings,
through notices published in both Hebrew and Arabic newspapers, and the
architectural model was on public display at City Hall. At no time
throughout that entire public process, did a single person or organization
come forward to object to the use of the grounds on the premise that the
site was a Moslem cemetery.

. All of Jerusalem is layered in memory and history and it is not unusual
for construction work in Jerusalem, a 3,000-year-old city, to encounter
archeological artifacts and remains. That is why there is a special
department called the Israel Antiquities Authority, charged with the special
handling of any archeological artifacts or remains that are found. Since
the commencement of excavation, the project has been under their
supervision, and every instruction has been followed.

The Simon Wiesenthal Center made its case to the Israeli Supreme Court on
February 15, 2006 and awaits its decision. Further, the Center is fully
committed to finding an acceptable solution according to the highest norms
of Judaism and Islam. The Center has offered three possible remedies to the
Court, which it would underwrite, including re-interrment of the ancient
bones to a Moslem cemetery, erecting a dignified monument to those whose
remains were removed, and cleaning up and restoring the adjacent Moslem
cemetery, (at SWC expense), which sadly, has been unkempt and neglected for
decades.

Unfortunately, some parties wish to pre-empt the Israeli Supreme Court and
do not have the courtesy to allow justice to take its course. In so doing,
they only embolden those extreme elements whose sole objective is to reclaim
the heart of Jerusalem and to permanently stop the construction of the
Center for Human Dignity-Museum of Tolerance Jerusalem. They will not
succeed!

Simon Wiesenthal Center
1399 South Roxbury, Los Angeles, California 90035
310-553-9036
www.wiesenthal.com

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