Jerusalem Magistrate’s Court Judge Avital Molad criticized the State Attorney’s Office, stating that minors from the ultra-Orthodox community faced selective enforcement.
The case involved a 15-year-old haredi (ultra-Orthodox) minor who was charged with unlawful assembly for protesting against the construction of the Jerusalem light rail. Judge Molad dismissed the charges and claimed that the prosecution had applied the law unfairly.
"It is unacceptable that, out of all the demonstrations in Israel during 2022-2023, not a single indictment was presented against a minor from outside the haredi sector who engaged in passive protest," she stated. "This is especially troubling when the defendant is a minor with no prior criminal record who was only 15 and a half years old at the time."
During the trial, the minor’s defense attorney, Shmuel Horwitz, asked the prosecution how many minors had been charged with unlawful assembly in 2023.
Only two had, and both were haredi.
The prosecution argued that protests against the light rail differed from any other demonstrations; Judge Molad rejected this claim.
"The data speaks for itself. It proves that minors from the ultra-Orthodox sector were the only ones prosecuted for passive unlawful assembly," she wrote.
Proof of selective enforcement
After hearing this, the prosecution then claimed that haredi demonstrators were treated differently because their protests blocked construction and posed safety risks. Judge Moland argued that this was proof of selective enforcement.
During the trial, a prosecutor argued: "Give me an example – there were no minors at the Balfour protests because the nature of those demonstrations did not involve minors. I don’t recall a single case from Balfour or the legal reform protests involving a minor."
Judge Molad dismissed this argument, citing extensive media coverage of youth involvement in protests against judicial reform.
"Numerous articles covered youth involvement in demonstrations against the legal reform. Many photographs clearly show youth participation," she wrote.
She also referenced an indictment involving violent offenses committed on the way to an anti-government protest near the home of MK Ron Dermer.
"The claim that no minors participated in these protests is baseless. Police data and data from the Attorney-General’s Office confirm that not a single indictment was filed against a minor who participated in a prohibited gathering in demonstrations for and against the reform."
Following the ruling, attorney Horwitz told Walla: "From a professional standpoint, this is a great success for my legal team and the Zion Prisoners’ Committee. From a personal standpoint, I had hoped that my concerns would be disproven. Unfortunately, as the judge noted, the prosecution admitted to selective enforcement in its arguments."
Horwitz warned that such legal practices pose a significant threat to democracy.
"A protester’s treatment should be determined by their actions – not their identity or ideology. I hope that those fighting for free speech in Israel will intervene, including through urgent revisions to the State Attorney’s guidelines on enforcing laws against public demonstrations."