Itamar Ben Gvir
צילום: גיל יוחנן
Extreme rightist claims selective prosecution
Itamar Ben Gvir says State's decision to file incitement charges against him in 2006 case indicative of discriminatory prosecution, demands court subpoena prosecution officials
The Jerusalem Magistrate's Court issued an unusual subpoena Thursday, ordering a State Prosecution attorney to appear before the court and explain why the State failed to indict right-wing activists found in possession of inciting material.
The subpoena was issued following a petition filed by extreme right-wing activist Itamar Ben Gvir, who claimed he was the only one indicted in the 2006 case.
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The case pending against Ben Gvir says he was in possession of radical propaganda material, and that he posted flyers in that spirit in Jerusalem. Ben Gvir said the State failed to indict anyone else found in possession of the material, which constitutes selective enforcement and discriminatory prosecution.
The defense asked the court to call former Attorney General Menahem Mazuz, Jerusalem District Prosecutor Eli Abarbanel and Deputy State Prosecutor Shai Nitzan, the to the stand, as well as several others.
The State told the court that Mazuz was the one to sign off on the decision to indict Ben Gvir, but did not detail who decided not to pursue criminal action against the others involved in the case.
The court admonished the State for its inefficient answer.
The name of the attorney subpoenaed was not disclosed. The court noted that more subpoenas may be issued after his testimony.
Justice Ministry Spokesman Attorney Moshe Cohen offered the following: "We are currently studying the court's decision. The brief filed with the court the State said that in its opinion it is inconceivable to subpoena officers of the prosecution as witnesses and ask that they explain their decision.
"This is not the proper manner to examine the defendant's claim of selective enforcement… that ruling should be made based on the evidence submitted to the court."
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