Attorney and right-wing activist Itamar Ben-Givir has filed a 120,000 shekel lawsuit against Police Chief Roni Alsheich and other senior department officers including the Jerusalem police chief and others. In the lawsuit, Ben-Givir claims police operate using an apartheid policy as persons have been arrested solely for being right-wing and shomer Torah and Mitzvos, ahead of the toeiva parade.
In his suit, Ben-Givir points out that in July 2016, the annual toeiva parade was held and in contradiction of the law, acting in an atmosphere of panic, the police decided to detain dozens of religious youths as they were in the parade area to express their legitimate right to quietly protest the parade.
The lawsuit details seven cases of co-plaintiffs who were detained and taken to a police station for the duration of the parade last summer. He points out they were detained despite the fact there was no credible intelligence information establishing any of them posed a real threat. He feels police acted in gross violation of their basic rights as guaranteed in a democratic society. The suit adds that the police chief and Jerusalem police chief failed to meet the requirements of paragraphs 5 and 7 of the Basic Law, guarantying every person honor and freedom.
It is also alleged that false arrests were made at the expense of the basic rights of those taken into custody, and the irresponsible conduct of the department must result in compensation to the victims. He uses the murder of Shira Bani in last year’s parade to highlight his point, that an entire tzibur cannot be held responsible or besmirched due to the actions of Yishai Schlisel. http://www.theyeshivaworld.com/news/headlines-breaking-stories/434707/schlisel-sentenced-to-life-in-prison-plus-31-years.html The lawsuit maintains that police do not have the right to arbitrarily begin arresting persons without cause, which was the case ahead of the parade last year.
Ben-Givir explains he feels police have crossed red lines and acted in a discriminatory fashion for which we are seeking damages. He rejects the detention and/or arrests of persons for expressing their opinion, be that as it may, and the police department policy of silencing these voices of opposition, arresting persons who have not committed any crime whatsoever.
(YWN – Israel Desk, Jerusalem)
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3 Responses
Sadly, preventive detention has become a necessary reality in EY for certain members of groups which have actively engaged in and vocally advocated violence and terrorism. Certain fringe elements of the Chareidi tzibur have and continue to physically and verbally assault members of EY’s small gay community. They are obviously guaranteed the freedom of expression to voice their object to Toevah marriage and any other policies that they strongly object to. However. when they cross the line or post threats of violence such as have been reported in the media, preventive detention of a de minimus number of individuals is a lesser evil than c’v allowing another animal such as Schlissel to take the life of another yid, who was not even a participant in the parade last year.
Gadolhadorah – good point. But its a slippery slope. The path to a totalitarian state is too direct. The police, for certain, are not to arbitrate who are, or are not, allowed to attend. (You are aware, of course, that the police knew of schlissel and yet allowed him to attend. And don’t think that previously he had been a good boy in prison – he had been smashing TV sets in there.)
The path forward, it seems to me, is to legislate standards for preventive detention. But its fraught with difficulty. Would you arrest every second imman in the US?
The police in Israel can arrest anyone without cause and because of what the courts are, there’s absolutely nothing you can do about it.
@Gadolhadorah, the article says the people he’s advocating for were peacefully protesting. Last I checked “peaceful” didn’t include physical and verbal assault. Nor do you present any evidence that the people in question were posting threats of violence. If someone were to do those things arresting them wouldn’t be without cause.