The Supreme Court on Tuesday accepted an appeal filed by the ZAKA rescue organization and the families of two infants who died at an unlicensed daycare in Jerusalem, ruling that no autopsies would be performed on the children’s bodies and stressing the need to preserve their dignity.
The decision overturned an earlier ruling by the Jerusalem Magistrate’s Court, which had approved police and prosecution requests for post-mortem examinations to determine the cause of death. The appeal was heard by the Supreme Court sitting as the High Court of Justice.
Protesters on Highway 4
(Photo: David Kashti)
ZAKA’s legal department represented the families of Leah Golubenchik, a 3-month-old girl, and Aaron “Ari” Katz, a 6-month-old boy. Attorney Dror Shusheim argued the case on their behalf. ZAKA Chief Executive Dubi Weissenstern and senior members of the organization’s legal and operations teams were also present at the hearing.
After hearing arguments, the justices ruled in favor of ZAKA and the families, determining that autopsies would not be carried out and emphasizing the importance of minimizing harm and safeguarding the infants’ dignity.
Outside the court, however, tensions escalated into widespread unrest. Ultra-Orthodox protesters blocked roads near the Supreme Court in Jerusalem, set trash bins on fire and hurled stones at police. Demonstrations spread to additional locations, including Bar-Ilan Street and Bar-Lev Boulevard in Jerusalem, as well as Highway 4 near Bnei Brak and the Coca-Cola Junction.
During the protests in Jerusalem, a young ultra-Orthodox man who was blocking traffic was struck by a vehicle and moderately injured. Police said the driver was arrested on suspicion of deliberately hitting the protester. Footage of the incident circulated widely on social media.
Police said 11 protesters were arrested in Jerusalem and Beit Shemesh on suspicion of rioting and assaulting officers. One detainee was accused of biting a police officer. In Beit Shemesh, authorities imposed an unusual lockdown on the Ramat Beit Shemesh B neighborhood as clashes intensified.
The unrest followed the deaths of the two infants on Monday at a daycare operating illegally out of a private apartment in Jerusalem’s Romema neighborhood. Earlier Tuesday, the Jerusalem Magistrate’s Court extended by three days the detention of the daycare manager and a caregiver who were arrested following the incident.
Testifying at the detention hearing, a police representative said he was shaken by what he saw at the scene, describing “clear neglect” and a lack of basic conditions required for infant care. He said investigators found indications that infants had been placed inside a bathroom, lying on mattresses beneath a toilet — a scenario police said suggested deliberate planning.
The suspects told investigators the baby had likely crawled into the bathroom unnoticed, a claim the officer described as implausible.
The Education Ministry confirmed the daycare was operating without a license and said a closure order was issued following the incident.
Officials at the Abu Kabir forensic institute said preliminary findings showed no signs of poisoning. Investigators are examining whether the infants died from dehydration linked to an air conditioner that was operating at high heat in a closed room, though a final determination has not been made.
Hospital officials said dozens of infants and toddlers who were taken for observation after the incident were discharged in good condition, with several remaining hospitalized for unrelated mild winter illnesses.
ZAKA said its legal department had accompanied the families from the outset and had exhausted all legal avenues to prevent what it described as unnecessary harm to the dignity of the infants.