Petah Tikva magistrate Oded Moreno rejected police demands and freed without any conditions the ten worshipers who were arrested this week at the tomb of Yehoshua Bin Nun.
Ten Breslov hasidim had entered the tomb, situated in the village of Hares near Ariel, on Wednesday night without coordinating with security forces and were attacked by local Arabs. The hasidim called the police and after they were evacuated from the place were themselves arrested by police.
The judge accepted the position of attorney Hai Haber of the Honenu organization representing the defendants and rejected the police request to restrict their entry to Samaria for 60 days and to post bail of 2000 shekels, since he did not see reasonable suspicion of any crime having been committed. The judge also refused to delay the implementation of his decision in accordance with police request.
In the course of the hearing the police representative related that an Arab mob threw stones at the worshipers and towards IDf forces summoned to the area, but admitted that none of them had been arrested. The police representative even stated that the Arab rioters had caused damage to the worshiper's cars.
Attorney Haber requested that the police representative confirm that there is no legal offence incurred in entering the tomb of Yehoshua Bin Nun but the representative demurred. Judge Moreno stopped the hearing and asked the representative to clarify the matter and respond to the court's question. After a while the representative returned and admitted that there was no legal issue related to entering the village but claimed that it caused a public disturbance and disturbed the peace.
Haber asked the policeman which public he was referring to and the policeman answered: "I am here now and so are you."
At the end of the hearing Judge Moreno stated that he had not found any reasonable suspicion of a crime and therefore there was no reason to place restraining orders on the worshipers.
Attorney Haber welcomed the court's decision and the Honenu organization, dedicated to defending citizens who have legal issues with the government, stated that it would consider pressing charges against the police for false arrests. "If tomorrow Jews are attacked in Jaffa, will police arrest them and say it's dangerous to go there?" asked Haber.
"As long as there is no legal prohibition against entering a certain area, the police and army must provide security for those worshiping there. That is what they are there for, to arrest terrorists and criminals and not citizens who have not disobeyed the law and wish to exercise their right to worship freely."
The Honenu organization welcomed the court's decision and hoped that the police would reach the necessary conclusions and focus on the real sources of terror.