Rikudgalim Yoni Kempinski

The State Attorney's Office (SAO) has decided to close the case against Dr. Eyal Nir of Ben Gurion University, who published a call to "break the necks" of participants in last year's Rikudgalim or Flagdance. The reason given for the decision was "lack of evidence."

The SAO informed MKs Uri Ariel, Ofir Akunis and Michael Ben Ari, as well as Attorney Hila Cohen of the Legal Forum for the Land of Israel, that the policy usually adopted in cases such as these is a "minimalist" one – meaning, apparently, that the State Attorney's Office usually prefers not to press charges for incitement.

In addition, the SAO said, Nir's expression of reservations about his own statements two weeks after the original publication had some weight in the court's decision.

The SAO did say that it would be sending a copy of the decision to the Ben Gurion University, where Nir teaches chemistry, in order to have it consider disciplinary steps against him.

After last year's Flagdance, Nir had written on his Facebook page, "I call on the world to come and help break these scoundrels' necks. He described nationalist flag-bearing marchers on Jerusalem Day as "gangs of bandits swarming in our country.”

The Legal Forum for the Land of Israel stated that it would not accept the decision which they called "strange," and said that it would appeal the decision.

"The law enforcement system cannot remain silent in the face of such clear incitement to murder," said Forum director Nachi Eyal.