Federman at court (archives)
Photo: Gil Yohanan

Court rules rightist won't be banned from home

Following indictment filed against Noam Federman for assaulting police officers during evacuation of his house, State Prosecutor's Office asks to remove him from West Bank. After District Court criticizes appeal, Magistrate's Court rejects it

The Jerusalem Magistrate's Court on Monday rejected the State Prosecutor's Office's petition to have extreme right-wing activist Noam Federman banned from the West Bank.


The petition followed an indictment that filed against Federman for assaulting police officers during the evacuation of his house about six weeks ago.


In her ruling, Justice Shulamit Dotan criticized the police and State Prosecutor's Office, saying the nature of the actions ascribed to Federman was not severe and that the circumstances of the offense did not imply that he is dangerous.


"This is an extremely tough situation for any person, which almost naturally imposes irregular behavior on his part," the judge wrote. "In its claims, the State seeks to completely ignore the fact that the incident took place at a place which is this man's home and the home of his family, which it sought to destroy in the middle of the night."


A violent clash broke out between settlers and police officers about a month and a half ago during the demolition of two illegal structures at the Federman farm, near the Jewish community of Kiryat Arba. Two policemen were lightly injured.


Federman was arrested and three other women settlers, including his wife Elisheva, were detained for questioning. Following the incident, the State Prosecutor's Office demanded that he be banned from his residential area.


The State turned to the Magistrate's Court, which refused to accept the appeal instantaneously and said it would take time to reach a decision. A request for a temporary ban, until a decision is made on the matter, was rejected by the judge.


The State Prosecutor's Office petitioned the District Court, which criticized its actions.


Judge Moshe Drori rejected the State's appeal and wrote, "The State's request to ban this person from remaining in the Judea and Samaria area bears severe discrimination, as there is not one example throughout Israeli law in which a person was banned from living in an entire region due to his involvement in violence against police officers.


"There is no doubt that the person who was beaten in all parts of his body in that 'violent' incident is this man rather than the policemen," the judge added, refusing to issue the requested injunction.


Federman told Ynet following Monday's ruling, "Throughout the way, the State Prosecutor's Office and the police have been trying to accuse me of false acts in order to cover up their crimes. I would expect an honest State Prosecutor's Office to stop this.


"Their crimes include plundering money and property and removing a small four-year-old boy from his home in the middle of the night. They are trying to libel me. I believe the State Prosecutor's Office will petition the judge's decision and the matter will reach their home field – the Supreme Court."


פרסום ראשון: 12.01.08, 13:40
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