The state prosecution will look into whether there is enough
evidence to justify a police investigation of Binyamin
Regional Council head Pinchas Wallerstein, who called on
Jewish settlers to "violate the immoral disengagement bill,"
the Justice Ministry announced on Monday.
Attorney General Menachem Mazuz met with justice ministry
officials to discuss Wallerstein's letter and delegated the
assistant state attorney for special affairs to conduct the
preliminary examination as to whether Wallerstein's letter
could be regarded as a seditious act. Based on the report,
Mazuz will summon another meeting to decide whether or not to
order a police investigation.
This is only the second time that Mazuz has taken any step
regarding statements that could be called incitement to
violence or sedition. In another case, he ordered the police
to investigate whether the head of Women in Green was guilty
of insulting a public official when she compared Yonatan
Bassi, head of the Disengagement Authority, to the
Judenrat.
Mazuz rejected complaints to open investigations into
incitement against several other public figures including
rabbis and MKs. One participant in the justice ministry
meeting said Mazuz opted to conduct a preliminary examination
because "the case is borderline."
Mazuz said that "the policy of the state prosecution in
general is to allow freedom of expression and legitimate ways
of conducting a public fight and it does not intend to gag
anyone.
"Nevertheless, I will not be deterred from taking criminal
measures against anyone who crosses the red line, including
public officials."
Mazuz called on settlement leaders to conduct their struggle
using legitimate means and to stay within the law. This
includes not questioning the legitimacy of the government and
its institutions, not personalizing the fight, and not
resorting to violence, incitement or sedition.
Comparing itself to such freedom fighters as Martin Luther
King Jr. and Mahatma Gandhi, the Council of Jewish
Communities in Judea, Samaria and the Gaza Strip on Monday
backed the call by Pinchas Wallerstein for the public to
oppose the disengagement plan even if it means breaking the
law and going to jail. Settler leaders stressed that they are
calling for passive resistance and not violent protest. The
council is also against calling on IDF soldiers to refuse
evacuation orders.
On Sunday, Wallerstein sent a letter to his constituents
telling them to flout the disengagement law and to go to
prison if necessary. Explaining what brought him to write the
letter, Wallerstein said, "I do not want to see the day when
they come to evacuate us and we realize we have woken up too
late." Wallerstein stressed Monday that his call to disobey
the disengagement law did not extend toward the military and
security services, meaning that he did not endorse soldiers
disobeying orders.
Settler leaders repeated their call to the prime minister to
hold a general election or a national referendum over the
plan.
In his response to Wallerstein's letter, Sharon said he
understands the settler leader, but believes he went a bit
too far. "I've known Wallerstein for many years. He's usually
very positive. This is not his way, and I understand his
pain," he said.
President Katsav, who worked with Wallerstein several years
ago, rejected his current stance saying he was sure
Wallerstein did not wish to be remembered by future
generations as someone who legitimized breaking the law.
The council of rabbis in West Bank and Gaza Strip issued a
statement on Monday night expressing support for
Wallerstein's call to the public to disobey the disengagement
law even at the cost of a prison sentence.
Many observers said that after trying for months to stop
disengagement by forcing a referendum or new elections, which
means appealing to a broad range of Israelis, the settlers
appear to have changed their focus and are moving towards
more open clashes with the government and the army. This will
alienate large portions of the center which are necessary to
pass any referendum or to give the results that the settlers
want in an election, but it is becoming increasingly clear
that there will not be elections nor a referendum before the
disengagement is carried out next summer.
Therefore, Yesha leaders are foregoing broad public support
in favor of arousing their core supporters. They want to get
the message to its own public and to get them out into the
streets.
The real test of the new strategy will be in the streets:
Will they be able to bring out masses to civil
disobedience?
