On Friday morning (April 19), the Jerusalem Magistrate's Court ordered the release of Prof. Nadera Shalhoub-Kevorkian, who was arrested on suspicion of inciting terrorism due to things she said in a podcast in last March regarding the Hamas attack on October 7 and the ongoing war in the Gaza Strip.

The police requested to extend her detention by a week, but Judge Dov Pollock rejected the request and stated that the findings presented to him by the police, including after a search of her home, did not justify this. An appeal filed with the District Court was also rejected.

The truth is that not only do Prof. Shalhoub-Kevorkian's words not justify the extension of the detention, in view of the provisions of the law and the rulings of the courts - they did not justify the opening of the investigation from the beginning.

Attorney Alon Altman, the Deputy State Prosecutor (for special duties), gave the approval for the police investigation based on a public statement by Prof. Shalhoub-Kevorkian, even though it is very clear that what she said didn't cross the criminal threshold and there is no chance of her being convicted in Israel.

Under these circumstances, it is a negligent conduct of the State Prosecutor's office and also a serious violation of the human rights of Prof. Shalhoub-Kevorkian, who was humiliated, her freedom was denied in vain, and she is threatened and harassed by the Israeli authorities.

Professor Nadera Shalhoub-Kevorkian who was arrested on suspicion of incitement arrives for a court hearing at the Jerusalem Magistrate's Court, April 19, 2024. Photo by Chaim Goldberg/Flash90

The problem is not only with that specific authorization given to the criminal investigation of Prof. Shalhoub-Kivorkian. Her story is a continuation of the irresponsible and careless conduct of the Attorney General, Gali Baharav-Miara, and the State Prosecutor, Amit Isman, who are in charge by law of policy and enforcement decisions in crimes of incitement because of the importance of freedom of speech.

Both of them, Baharav-Miara and Isman, have since October 7th allowed the police – which is under the complete control of the far-right Minister of National Security Itamar Ben-Gvir – to run amok, to disperse demonstrations against the war in Gaza, to confiscate anti-war signs (the Association for Civil Rights in Israel recently submitted a petition on the matter to the High Court of Justice), to investigate and arrest numerous citizens, mainly from the Arab minority, on suspicion of inciting terrorism or violence.

As was expected in advance, most of the investigations did not lead to indictments, but the damage to freedom of expression and demonstration had already been caused.

The complete politicization of the police controlled by Minister Ben-Gvir reached insane places on Friday morning, in the police officer's arguments in the hearing on the extension of Prof. Shalhoub-Kiborkian's detention. "Haaretz" journalist Nir Hasson reported from the hearing that the officer claimed that posters "portraying IDF soldiers as occupation soldiers" were seized from her home, but they were in Arabic and had not yet been translated, and that she was also questioned about academic articles she had published.

These claims are reminiscent of proceedings that have taken place in recent years in Hong Kong courts against opposition activists, on the grounds that they insulted the Chinese dictatorial regime and violated the National Security Law from 2021.

First and foremost, we should regret the injustice caused to Prof. Shalhoub-Kivorkian. But one should also regret the enormous damage caused to those academics and citizens in Israel who support the existence of a democracy and human rights. Damage caused due to the willingness of the Attorney General and the State Prosecutor to allow Minister Ben-Gvir to do as he pleases with the police.

The insane and dangerous investigation and arrest of Prof. Shalhoub-Kivorkian is expected to be used to accelerate the boycott and isolation of Israeli citizens and academics all over the world, just because of them being Israelis. When more and more Israelis will be arbitrarily stopped at airports on their way to vacation abroad and questioned about their political opinions or service in the army, the shock in the Israeli media will not help them.