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Home Special Coverage Coronavirus Outbreak

High Court: Restrictions on movement during COVID lockdown 'unconstitutional'

The ruling means that police fines handed out during that time period are now null and void.

by  i24NEWS and ILH Staff
Published on  04-05-2021 09:26
Last modified: 04-05-2021 09:26
Israel Police hand out over 2,800 fines for COVID violationsKOKO

A police officer issues a fine to a woman for not wearing a mask in public, in Tel Aviv, Sept. 20, 2020 | File photo: KOKO

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The High Court of Justice ruled on Sunday that the government repeatedly overstepped its authority it barred citizens from departing their homes more than one kilometer during multiple coronavirus lockdowns.

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In the eight-to-one decision handed down on Sunday, the court specifically cited Israel's second national lockdown, last October, noting the government's actions constituted a "disproportionate violation of the right to protest and were unconstitutional."

As a result, police fines handed out during that time period are now null and void.

"The High Court has defended once again the freedom of protest and expression of Israel's citizens, who are the very soul of the Israeli democracy," said attorney Eliad Shraga, director of the Movement for Quality Government.

"These rights must be protected, especially during times of crises where democracy is being attacked by entities who are in a conflict of interest," he added.

On Oct. 14, the High Court issued a conditional order following a hearing on petitions filed by Israeli civic organizations against protest restrictions.

The government, the Knesset and Attorney General Avichai Mendelblit were asked to justify the limitations, which were approved while protests against Prime Minister Benjamin Netanyahu were at their peak.

Several calls had been made by the Movement for Quality Government in Israel against the emergency bill that allowed demonstrations to be restricted as part of efforts to limit the spread of the coronavirus.

Last September, the Knesset approved an amendment to the law that allowed the government to impose a one-kilometer distance restriction on members of the public, limiting the ability of citizens who wanted to protest in Jerusalem to organize.

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Anti-government and anti-Netanyahu protests have taken place every week since June, mainly outside the Prime Minister's residence in Jerusalem. Protesters demand his resignation.

This article was first published by i24NEWS.

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