Without trial, without warning
Monday, August 28, 2017, 15:22 The police will compensate a 19-year yeshiva student who was distanced from the Temple Mount without being summoned to a hearing or even being informed prior to receiving the order. The plaintiff, who filed the suit with the assistance of Honenu, stated that he was informed that he had been distanced from the site only when he arrived at the entrance to the Temple Mount. The grounds given for the order were an incident that had occurred several months previously. When the plaintiff asked why he had not received a notice on the day that the decision was made to distance him from the Temple Mount he was answered by one of the police officers at the site that they, “Will not call everyone who is distanced.” He subsequently sued the police. During a deliberation on the suit at the Jerusalem Small Claims Court the plaintiff presented the guidelines for restricting access to the Temple Mount by the police, which mention that the police are required to summon a potential recipient of a distancing order to a hearing before the decision to distance him and also to inform him of the decision. During the deliberations on the case the court recommended a compromise which was accepted by both sides: The Israeli Police will compensate the yeshiva student with 1,000 NIS within 30 days. This ruling follows a similar ruling from November 2016 in the case of a Temple Mount activist who suddenly found himself prohibited from ascending the Temple Mount. He was awarded 1,800 NIS. Both of these verdicts are supported by a December 2016 High Court of Justice ruling which states that the conduct of the Israeli Police concerning the distancing from the Temple Mount was illegal and against regulations. Honenu Attorney Menasheh Yado: “Honenu’s legal work over the past two years has brought about a significant improvement to the rights of Jews on the Temple Mount. I hope that this status will be maintained and that things will be even better in the future.” This ruling along with other similar rulings paves the way, for citizens who have encountered similar issues, to sue the police and receive compensation for the violation of their rights. For a selection of cases in which Honenu Attorneys represented Jews detained on or near the Temple Mount please see here.