In recent days, the court has sharply criticized the arrests of the demonstrators during the demonstrations against the government, and even hinted that the police have interests other than protecting the public’s rights. The criticism came against the backdrop of the re-arrest of Amir the wisea prominent activist since the days of the Balfour protest, who was arrested countless times during demonstrations, and was usually released without restrictive conditions.
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The police demanded a self-guarantee as well as a ban on making contact with other protesters in exchange for the release of the Shekhel, but the Shekhel appealed the conditions, and Judge Ohad Kaplan accepted the appeal and even recommended that the protesters file civil lawsuits against the police.
The arrest of Amir Hashak (photo: Efrat Safran)
“The suspect, a 70-year-old man, was arrested yesterday evening at a demonstration in Caesarea after he allegedly participated in a prohibited gathering and participated in a riot after dispersal orders,” Judge Kaplan begins his decision.
“I reviewed the investigation file and found no evidence that he rioted, I found no evidence that he blocked a public road. I saw that the road in Caesarea was blocked by the police, and if he was sitting on the road, he did not interfere with any traffic and there was no need to stop him. The announcement of The gathering as forbidden, if at all, was done arbitrarily. And it is hard not to believe that this was done for the purposes of the demonstration and not for the public disturbance.”
He clarified: “The freedom of demonstration also allows one to sit on the road that is already blocked by the police. Of course, normally it would not include the right to block a main thoroughfare, but it seems that the police are not acting to protect the freedom of movement, but something completely different,” the judge writes in his decision to free the mind and states: “The time has come for protesters to file civil lawsuits against the police.”
Demonstration of the kidnapped families in front of Netanyahu’s house in Caesarea (photo: courtesy of the families’ headquarters)
The police responded: “Against the court’s decision, which we disagree with, an appeal has been filed which will be heard before the district court. It should be emphasized that in our opinion, the honorable court exceeded its authority and its blatant statements condemning the police and its officers, exceed the accepted norm.
“The court even deviated from what is accepted when it gave far-reaching interpretations of a legal and legitimate requirement that the suspect sign a self-commitment. The Israel Police and its officers are working to exercise the right to protest, but we will not agree to allow the demonstrators to mistreat the police officers and treat them bluntly, and we expect the court to express distaste for this behavior.”
