In recent weeks, judicial criticism of police conduct in handling protesters’ arrests has intensified. Magistrates’ and district court judges have repeatedly overturned restrictive conditions imposed on detainees — including bans from protest sites, financial guarantees and limits on the right to demonstrate. Police officials, however, are striking back, warning that courts and prosecutors are failing to hold offenders accountable, undermining enforcement.
That was the case following a demonstration in Haifa on Sept. 11 against what protesters called “the continued Israeli military assault in Gaza and the killing of children and journalists.” Within half an hour of its start, police declared the gathering illegal and began making arrests under the command of Haifa station chief, Deputy Commander Eyal Shahar.
One detained protester said that during questioning, a policewoman hurled insults at her, including: “I hate you for being born, this is not your country,” “I hope they kick you all out of here,” and “Go to Gaza, let Hamas arrest you.” Detainees were released under conditions that included deposits and a 10-day ban from the protest site. But Judge Boris Sherman of Haifa Magistrate’s Court canceled the restrictions on appeal, ruling in favor of the protesters’ claims.
Another incident occurred on the eve of Rosh Hashanah outside Education Minister Yoav Kisch’s home. Officers from the Kfar Saba station detained eight protesters who stood outside the minister’s house in Hod Hasharon reading the names of hostages. Police released them under conditions that included a 300-meter ban from the site.
But Judge Dror Kleiman of Petah Tikva Magistrate’s Court rejected police arguments, writing that videos from the scene showed no violence or provocation by the demonstrators. Instead, he noted troubling conduct by one officer, who was seen forcibly opening a woman’s car door and seizing a megaphone.
An appeal filed against the restrictions accused police of staging the arrests to ensure Minister Kisch enjoyed “a quiet holiday free from nuisance or discomfort — a ‘cemetery-like silence’ untroubled by citizens reading the names of hostages suffering in Gaza tunnels.”
Judge Kleiman wrote: “Reviewing the reports and videos shows that only a handful of people — about six — stood outside the minister’s home reading names. They dispersed when ordered to. I found no provocations beyond accusations of police violence. In fact, one video raises serious questions about the conduct of an officer who opened a protester’s car without her consent and took a megaphone, without clear legal authority.”
In another case, Tel Aviv police sought to extend the detention of activist Itzik Levy, a frequent protester arrested outside Knesset Speaker Amir Ohana’s home. The request was denied, and the police appeal was also rejected. Judge in the district court noted there was no danger or risk of obstruction of justice, adding that Levy had been arrested under identical circumstances before and released without conditions.
Last week, Petah Tikva Magistrate’s Court released a protester arrested on suspicion of attacking MK Eli Dallal at a Likud holiday toast in Kfar Saba. Judge Erez Melamed ruled the suspect at most had been documented “throwing paper or mock banknotes at one of the participants, apparently as part of legitimate protest activity.” He stressed the man should not have been arrested at all and ordered his release on a 1,000-shekel guarantee. Police appealed, but the district court again rejected the request.
Police officials, meanwhile, express mounting frustration. A senior officer said, “Israel Police officers and commanders have been dealing in recent years with protests and disturbances of a scale unseen in decades. They strive to allow the public to exercise the right to protest while maintaining safety, often tolerating harsh and offensive statements.”
“Recently, we have seen repeated cases of demonstrations turning violent, where rioters cross legal boundaries and damage property or people,” he added. “In such circumstances, police must enforce the law, arrest offenders and gather evidence for prosecution. Unfortunately, prosecutors are reluctant to pursue cases — hundreds of protest-related files are waiting on their desks. We call on demonstrators to exercise their right legally, and on prosecutors to fulfill their duty, conclude cases quickly and create deterrence.”