The Temple Mount (Photo: Moshe Shai / Flash 90)
After Justice of the Peace Zion Sahrai ruled in favor of boys who bowed on the Temple Mount, a police appeal filed in the district court was granted and the conditions of expulsion for boys from the Old City were reinstated.
“There seems to be no need to say too much about the special sensitivity of the Temple Mount, which is said to be one of the most explosive places in the Middle East if not in the whole world,” Judge Einat Avman-Müller said in the ruling. The law.
As you may recall, three days ago, the Jerusalem Magistrate’s Court Judge, Zion Sahrai, ordered the abolition of the expulsions and restrictive conditions granted to a number of Jewish boys after bowing and chanting ‘Shema Yisrael’ on the Temple Mount.
In his decision, the judge noted: “In my opinion, it is not possible to say that bowing and reciting Shema – in the circumstances of the case before me – raises a reasonable suspicion of conduct that could lead to a breach of peace, as required by law. For the violation of peace. ” The decision was made as part of an appeal filed by attorney Nati Rom on behalf of the Honno organization, against the release cells that the police imposed on the boys.
The boys who were removed from the Temple Mount are coming to the hearing today (Photo: Haim Goldberg / Srugim)
In the dramatic decision, the judge quoted the police commissioner, Kobi Shabtai, who told one of the media that the Temple Mount is open and that the Israel Police allows anyone who came to pray on the mountain to perform the religious worship.
“In these circumstances, a public statement by the Commissioner of Police, which clearly and unequivocally states that all residents of the country (and the territories) are allowed to ascend the Temple Mount and practice their religion, as it calls on anyone who wishes to do so. “The appellants’ conduct is in accordance with the public call of the Commissioner of Police and in accordance with the Law on the Preservation of Holy Places, and they cannot be suspected of committing a criminal offense as a result,” Judge Sahrai ruled.
Last Monday, the Jerusalem police filed an appeal with the district court against the ruling of the justice of the peace, which ruled that Jews are allowed to say “Hear Israel” and bow on the Temple Mount. The police are seeking to overturn the Magistrate’s Court’s decision, as they claim the judge “erred in drawing conclusions about government policy regarding the rules of conduct on the Temple Mount based on an online journalistic report.”
The boys who were removed from the Temple Mount are coming to the hearing today (Photo: Haim Goldberg / Srugim)
The police representative also claimed that Sahrai Magistrate’s Court judge erred in ruling that there was no suspicion of committing a criminal offense of interfering with a police officer in the performance of his duties, and the judge erred in ruling that the boys’ behavior could not disturb public peace.
“The investigation material documents the respondents’ conduct which constitutes a disturbance to the police officer in the performance of his duties in two stages. First – in violating the express rules given to the respondents by a policewoman at the briefing, only a few minutes before violating these instructions.” “Second – the respondents interfered with the police officers in the performance of their duties even after the act – when they returned to bow, shouting ‘Shame on you’ and when two of them did not obey the police officers’ instructions.”
It was also written that “the actions of the respondents in a sensitive and complex place like the Temple Mount, which were carried out during a tense period, during which violent riots occurred on the Temple Mount and elsewhere in Jerusalem, on sensitive Nakba Day, in public and exposed to camera lens Of a misdemeanor that may violate the public peace. “
In summary, the police claimed that the court erred in relying on an online report from what the police commissioner had said in the past about freedom of worship. The judgment of the Magistrates’ Court.
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