Israeli convicted for vandalizing Yad Vashem Holocaust memorial
Man misspelled 'Zionist' in spray painted vandalism at Yad Vashem and Ammunition Hill memorials in Jerusalem.
The Jerusalem Magistrate's Court convicted 31-year-old Jerusalem man Elhanan Astrovic on Thursday for vandalizing the Holocaust memorial site Yad Vashem and Ammunition Hill which commemorates a Six Day War battle, both located in Jerusalem.
Astrovic was convicted on Thursday for spray painting anti-Zionist slogans such as "the Zionist regime will collapse" and attempting to set fire to the national flag at memorial and remembrance sites Jerusalem in 2012. Ironically, Astrovic managed to make some spelling mistakes in his spray painted writing, even mispelling the word "Zionist."
Judge Eitan Kornhauser noted that the decision to convict Astrovic was made after it was clear that "he acted with the purpose of hurting the feelings of the public in its most sensitive chord, the base of the legitimacy of Israeli society."
Astrovic's sentencing will be announced on a different date.
The judge convicted Astrovic on two counts of trespassing, six counts of writing and destruction of land, and for intentional damage and injury to the flag.
The central part of the conviction surrounded the destruction of the national flag.
Astrovic's lawyer, Attorney Yair Nehorai, argued that the attempt to burn the flag demonstrates a conflict of values between freedom of expression and hurting the feelings of the public.
The defense also argued that there is room for criminal use in special circumstances when the event which harms the feelings of the public "does not cause death and does not exceed the tolerance level of the citizens of the state."
Judge Kornhauser rejected the argument and based his verdict on the Flag, Emblem and National Anthem Law.
The judge noted that freedom of expression is not unlimited and that values and principles that are aimed to protect the individual and the public must be considered.
"Respect of the flag is, in practice, respect of the nation and of its citizens, and a lack of respect for the flag constitutes damage to the feelings of the public. This damage is symbolic and the nature of the damage, its content and context, have a cumulative weight on the amount of hurtfulness it has on the citizens of the nation and their honor," said Judge Kornhauser.
The judge emphasized that the Ammunition Hill memorial symbolizes the bloody price the nation paid during its inception.
According to the judge, "the choice of the symbolic location for the crime, the preparations made ahead of time, the nature of the writing that matched the goal of the damage to the flag, which is a symbol of Zionism, all show that the convicted acted in an intentional manner and with the goal of hurting the feelings of the public."
In June 2012, Astrovic vandalized the Yad Vashem Holocaust museum in Jerusalem with 21 different spray painted slogans including, "The State of Israel is the spiritual Auschwitz for the religions of the West," and "The Zionists wanted the Holocaust," in which he misspelled the word Zionist.
Astrovic then vandalized the monument which honors the fighters and volunteers of the Haganah movement in the capital.
Months earlier, Astrovic vandalized the Ammunition Hill memorial. He spray painted the slogan, "The evil Zionistic regime will collapse." On the driveway leading up to the site he spray-painted statements against president at the time Shimon Peres and MK Eli Yishai. He then burned a line which was raising the national flag.
Astrovic's lawyer responded to the verdict and said, "We are considering appealing the ruling of the court, we will study the verdict and decide."
