The state attorney stated that the police cannot be ordered to enforce and handle in the public space young people of Arab origin who wear shirts with a drawing of a weapon on them.
In May of last year, against the backdrop of the wave of attacks, an alarming phenomenon began in which more and more residents from the Arab sector began wearing shirts with a print of the M16 rifle on them - a symbol of the Palestinian armed struggle.
The Investigations Division expressed concern that this was incitement, and contacted the Attorney General and the State Attorney with a request to examine whether wearing the shirts can be defined as incitement.
Minister of National Security Itamar Ben Gvir, who was an MK at the time, said: "This is encouragement for terrorism, we need to wake up."
State Attorney, Amit Isman (archive), photo: Bar Association
But the answer was delayed, and Shai Glick, CEO of "Bezalmo" - a human rights organization with a Jewish spirit, also approached the state attorney about the matter. This week, the answer finally arrived.
According to the Deputy State Attorney (for special duties), Adv. Overwhelmingly wearing shirts with prints of weapons in the public space." The reasoning for this is that there is doubt as to whether this is an action that amounts to a "threat" in the criminal sense, even if it is an act done as part of a phenomenon.
"This conclusion stems from the fact that in these cases it is not a threat aimed at a specific person, and from the difficulty of proving the mental basis of the crime - it is a crime of special intent," the reply letter reads.
In this context, the deputy state attorney noted: "There are quite a few shirts with weapons in the public space, to which the establishment of a binding norm may also apply - such as track end shirts, shirts with symbols of heavy rock bands or other icons. Examining other provisions of the law also shows that the phenomenon does not It amounts to a crime."
He further stated: "Even if we start from the premise - which is not simple in this case - that every image of a weapon in the public space, whether on a shirt or on another platform, fulfills the content element of the offense, even when no text is added to the image or drawing - there is a difficulty in proving the element The probability required according to the provisions of the law".
State Attorney's Office (illustration), photo: none
Therefore, the Deputy State Attorney claims: "It is not possible to prove - with the level of certainty required in criminal cases - that showing a picture of a weapon, and it alone, in the public space, could lead to committing an act of violence with a level of certainty of a 'real possibility'".
Shay Glick, CEO of the Bezalmo organization, said in response: "This is an unfortunate decision.
We are at the height of a terrorist wave, and the prosecutor's office is sending a forgiving message to all supporters of terrorism.
We intend to appeal this decision.
This proves the importance of legal reform."
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