Author of 'incitement' against Justice Naor under house arrest

Court releases to house arrest suspect in publishing post 'inciteful' of Supreme Court despite police five-day remand request.

Reut Hadar - Mordechai Sones ,

Miriam Naor
Miriam Naor
Yonatan Sindel, Flash 90

The Jerusalem Magistrate Court ordered the release tomorrow (Tuesday) to house arrest of the Binyamin resident who is suspected of having published an inflammatory post on Facebook.

A month ago the suspect allegedly shared a post on his Facebook page containing incitement against Supreme Court President Justice Miriam Naor.

In a hearing that took place today before Judge Karen Miller, police asked to extend his remand by five days for interrogation.

During the hearing, Attorney Yossi Nadav, representing the resident on behalf of the Honenu legal defense organization, presented a series of precedents in which the court ordered the release of the detainees on bail, and did not extend detention.

Among the court precedents presented by Mr. Nadav was the decision in the case of the Bezalel Art School student who distributed leaflets depicting Prime Minister Binyamin Netanyahu opposite a noose, and a decision in the case of an Arab citizen who during Operation Protective Edge published a picture of a burnt tank and reading 'Death to Jews'. In both cases, detention was not extended.

At the end of the hearing the court dismissed the police request to extend detention for five days and ordered the release of the detainee to house arrest until March 12.

"We do not think that this represents a deviation from legal freedom of expression, just as it was determined that no offense occurred two months ago in the case when an Arab female was questioned for hanging in Bezalel an art image showing Bibi next to a noose," said Mr. Nadav after the hearing.

Judge Miller's recent rulings in similar cases where Honenu attorneys face police in defense of civil rights reveal a pattern that may indicate unwillingness to act as a rubber stamp for the police. In July of this year, Judge Miller rejected a police request to bar a minor from visiting the Temple Mount, ruling that there was nothing to justify the police's charges.

In December of last year, Judge Miller ordered the release of two minors who had been arrested on suspicion of taking part in a demonstration against the planned demolition of Amona in which tires were burned to block a major Samaria highway, citing no reasonable suspicion that they took part in laying the tires and stones on Highway 60. The boys, ages 14 and 15, had denied involvement in the protest.

In February of this year, while Judge Miller did order a 20-year-old to be banned from Ofra lest he interfere with the Amona expulsion, she rejected the police request to require the man to deposit a bond to ensure good behavior, stating that in fact there was no reasonable suspicion he might interfere with a police officer.