Jerusalem Magistrate's Court Judge Amir Shaked on Monday rejected the request of the police to bar Temple Mount activist Emanuel Brosh from the area of the Eastern Wall of the Temple Mount and the Old City's Muslim Quarter after he was arrested for blowing the shofar at the wall.
Judge Shaked ordered Brosh's release and that the police provide him with NIS 2,000 in compensation.
In the decision, the judge stated that there is no offense in blowing the shofar at the Eastern Wall. MK Simcha Rothman (Religious Zionism party) was present at the hearing to support Brosh and even spoke before the judge.
This is the fourth hearing in the case of Brosh, who recently came several times to the vicinity of the Eastern Gate to blow a shofar and was arrested on the spot. Time after time, the police tried to remove him, but the magistrate's and district courts rejected the various requests of the police and stated multiple times state that there is no prohibition on blowing the shofar in the vicinity of the Eastern Wall.
Yesterday, Brosh arrived in the vicinity of the Western Wall, accompanied by MK Simcha Rothman, where Brosh tried to blow the shofar but was arrested. The judge made it clear to the police that he does not see any suspicion of a crime that Brosh may have committed, while noting that no document was presented indicating that the suspect violated public order.
Attorney Daniel Shimshilashvili, who represented Brosh on behalf of the Honenu legal organization, said: "The police time and time again blatantly violate judicial decisions related to the observance of freedom of worship at the Eastern Wall. I am happy that the court granted our request in full and rejected the request of the police while imposing costs as an unusual step in criminal proceedings, on those who wanted to remove a Jew who wanted to exercise his right near the Eastern Wall. The court ruled that there was no reasonable suspicion of committing a crime and harshly criticized the police. The police would do well to learn from the court's decision and direct their resources towards the rioters who seek to harm Jews."