A combat soldier serving in southern Lebanon was recently barred from entering the Temple Mount for two months after waving an Israeli flag during a tour of the Mount.
According to the soldier and the legal aid organization Honenu which is representing him, the order was issued without a hearing, despite the soldier informing police in advance that he had been called up for operational activity in Lebanon and requesting that the hearing be postponed.
The incident began approximately two weeks ago, when the soldier waved an Israeli flag on the Temple Mount. Following the incident, he was summoned to a hearing ahead of a possible restraining order, based on concerns that his presence could lead to a disturbance of public order.
The soldier said he contacted police before entering combat activity and explained that he would be unable to attend the scheduled hearing due to his military service. According to him, police told him that a new date could be arranged after he returned from the front.
However, when attorneys from Honenu requested investigative materials and reports related to the case, police claimed that the soldier had not contacted them to report that he was leaving for combat duty and therefore was not eligible for a postponement.
The attorneys responded by presenting documentation and call records that they said prove the soldier did contact police and informed them of his deployment to Lebanon.
After the evidence was presented, the attorneys claimed that police changed their explanation, saying the order had been issued because the soldier had not suggested an alternative date for the hearing during the call. “While the soldier risks his life on the front line in Lebanon, the system chose to issue an order against him without a hearing, while ignoring an explicit commitment made to him before he went into battle."
“The fact that police initially denied that the call even took place, and only changed their version after decisive evidence was presented, points to a serious flaw and even misleading conduct. We demand that the matter be reviewed, that a hearing be held as required by law, and that the order be cancelled."