Location: The police summoned for questioning Ms. Karnit Abidev, a resident of Afula, who blew the Shabbat horn last Friday, and this, only a month after a qualified investigative officer from the Afula station closed the case opened against her after she was summoned for questioning following similar cases of blowing the Shabbat horn.
JDN News learned that police officers from the Afula station raided Avidev’s home on Friday, shortly before Shabbat, and summoned her for questioning. The date of the investigation is set for tomorrow, Sunday.
The Avidev couple were surprised by the appearance of the police at the door of their home, in light of the fact that only a month ago, after they had been invited for questioning about the previous activation of the Shabbat horn – an audit and public complaints officer in the North District informed the lawyer Michael Litvak, representing the woman under investigation, that “it is not disputed that the activation of a loudspeaker and in general This is playing chants through a loudspeaker before the start of Shabbat is not prohibited by law, in a way that does not disturb those around. The investigation file was closed by a qualified investigation officer from the Afula station, where there is no criminal offense.”
As a reminder, about a month ago we reported here in JDN News that the Israel Police updated that they had closed the case opened against Ms. Karnit Avidev, a resident of Afula, who blew the Shabbat horn for several minutes, every Shabbat evening. This, after a complaint was filed on the matter by the lawyer Michael Litvak and the organization ‘Betzalmo’.
In the reply sent to Attorney Litvak, by the Audit and Public Complaints Officer in the North District, it is stated: “There is no dispute that turning on a loudspeaker, including playing chants through a loudspeaker before Shabbat begins, is not prohibited by law, in a way that does not disturb those around you. The investigation file was closed by a qualified investigation officer from the Afula station, where there is no criminal offense.”
Litvak submitted the complaint to the Public Complaints Department in the North District of the Israel Police about two months ago, after Ms. Avidev was summoned for questioning at the police station, for operating the Shabbat horn. Before that, police officers from the Afula police station showed up at the entrance to Avidev’s house and threatened her with confiscating her property. The police investigation took place in the midst of the 17th Tamuz fast. This is how Avidev, a mother of eight children, found herself struggling to answer the investigators’ questions while she was fasting.
The complaint, which was submitted together with Mordechai Mazrafi from the organization ‘Noam Kedushot Shabbat’ and Shai Glick, CEO of the organization ‘Betzalmo’, states: “Karnit Avidev is responsible for the Shabbat horn in the city of Afula, which sounds Shabbat pleasantries for a few minutes a week at the permitted decibel level. My listeners operate only within the framework of the law and at the permitted decibel level, and to the above, the fact is added that this is a short and fixed time playback (a few minutes a week) in a way that does not constitute any nuisance and/or violation of the law.”
He went on to elaborate: “Before the last Shabbat arrived, police officers from the Afula station arrived at my client’s address at 17 Yitzhak Shamir St. Afula, where a horn is stationed that sounds the joy of Shabbat, they stood at the entrance to my client’s apartment, threatened her with the confiscation of her property and even summoned her for a police investigation. The policemen who arrived at the address “L, they did not present any order and/or measurement and/or opinion examining the intensity of the noise and it is not clear why the police decided to abuse their power and authority. The police even claimed to my client that this was an order from above and that there was a high-ranking factor that forced them to act against my client.”
It was further claimed: “All of my client’s attempts, including the involvement of senior officials in the municipality, to clarify that she did not commit any offense came to naught with the claim that a high-ranking official decided to harm Mareshati and bring her to a criminal investigation. With a frown, an investigator at the station even tried to preach to Mareshati about morality and tell her that as far as According to Jewish law, it is forbidden to sound the horn if there was a rabbi or judge of law.”
“There is no doubt that this is a violation of the authority of the Israel Police, who chose to enter a place that does not belong to them, in order to please a handful of violent residents whose ears are not filled with Shabbat songs. It is unacceptable to abuse the authority of the Israel Police and to deviate from it, and my representatives reserve the right to take any procedure available to them in accordance with the law,” it said.
“Due to the above,” the attorney concluded in the complaint, “I will ask you to act as follows: 1. To exhaust the law with the police officers involved. 2. Issue clear instructions clarifying that there is no law in the State of Israel prohibiting the playing of Shabbat songs and that the loudspeakers were operated in accordance with the law, especially when it comes to a few minutes a week. 3. Refining the existing guidelines and issuing a clarification notice about the seriousness of the actions of the police officers involved and about the legality of operating the Shabbat horns. 4. Closing the investigation file due to lack of guilt and erasing the means of identification taken from my client. 5. Compensation from my client in the amount of NIS 10,000 and this as a compromise offer only and as an attempt to avoid legal proceedings.’
Attorney Michael Litvak: “Playing Shabbat songs for a short and limited time before Shabbat begins is completely legal. The Israel Police, who only a month ago realized that they made a serious mistake and closed the investigation file in the absence of a criminal offense, continues to make a series of mistakes while acting against the law and summons my client once more for investigation without the right hand knowing the left hand. We will act in the way of a civil lawsuit in order for the police to compensate my client for the great injustice she has caused her.’
Shai Glick, CEO of Betsalmo, said: “It is unfortunate and outrageous that instead of the Israel Police dealing with the real crime, they are taking care of an innocent citizen who did nothing. We call on the commissioner to issue a directive to stop harassing those who operate Shabbat horns and deal with the real criminals.”
The Israel Police has yet to respond.