Temple Mount (file)
Temple Mount (file)Garret Mills / Flash 90

Temple Mount activist Rafael Morris was brought before the Jerusalem District Court Sunday after being arrested Thursday, during a march held by the "Returning to the Mount" movement. The march was blocked by police at the Yafo Gate to the Old City.

The police representative requested that Morris be distanced from the Old City for 90 days. He said that Morris was extremely dangerous, because of his activity calling for greater Jewish rights on the Temple Mount.

Attorney Sinaia Harizi-Moses, who represented Morris on behalf of the Honenu organization, claimed that the arrest in itself constituted severe discrimination, because although many other protestors called out the same words that Morris allegedly did, and which police said caused a disturbance of the peace, only Morris was arrested.

In addition, the lawyer said that police used inordinate violence to break up the demonstration, and that Morris should not be distanced from the Old City at all.

Judge Shaul Gabbai Richter criticized the police and said that the fact that only Morris was arrested, when others called out the same words, dilutes the strength of the police's claim that Morris is dangerous.

The court also brushed off the police's request for a long-term distancing order. "The requested conditions are not reasonable," the judge said, "and the sweeping request for distancing, for such a long period of time, should not have been presented."

In spite of all this, the judge ruled that bearing in mind "the explosive atmosphere in Jerusalem around the Tempe Mount," and Morris's activity regarding the Temple Mount, he would be distanced from the Old City for 14 days.

"Justice is beginning to show itself," said Morris after the decision. "The judge's decision that the police's actions vis-à-vis the Temple Mount activists is disproportionate is a milestone on the road toward ending the discrimination of activists." He said he was "disappointed," however, about being distanced from the Old City, even if it is only for a short time.

"Distancing Jews from the Old City for the 'crime' of Temple activism is totally unacceptable," he stated.

Attorney Sinaia Harizi-Mozes said after the ruling that "the real reason for the placing of limitations on him is his activity, which is legitimate and legal and is part of the freedom of expression, which allows a person to act toward the thing he believes in, as long as it is legal."