Supreme Court Blocks Autopsies in Jerusalem Daycare Tragedy

The Israeli Supreme Court ruled Tuesday afternoon in favor of the families of two infants who died in the daycare tragedy in Jerusalem’s Romema neighborhood, ordering the state not to perform autopsies on the children’s bodies. The decision overturned an earlier ruling and brought an end to a tense legal battle that unfolded along with widespread demonstrations.

In a decision issued by a three-judge panel, the court accepted an appeal filed by the legal department of ZAKA, acting on behalf of the families. The judges ruled that under the circumstances, the state could rely on alternative investigative measures and should release the bodies for burial, rather than proceed with autopsies.

Clashes were reported outside the courthouse and at multiple protest sites across the country. Inside the courtroom, attorney Dror Shosheim, representing the families on behalf of ZAKA, presented the parents’ position and warned of the severe religious and emotional harm the autopsies would cause. After hearing the state’s arguments, the judges concluded that the need to determine the cause of death did not require full autopsies in this case.

Following the ruling, Shosheim said the decision reflected sensitivity to the families’ pain. “This is an important decision that expresses human sensitivity and respect for the deceased,” he said. “We thank the judges for understanding the gravity of the moment and the families’ suffering.”

With the court’s decision announced, crowds that had gathered to protest in ultra-Orthodox areas began to disperse. Major roads that had been closed for hours, including near Bnei Brak and central intersections in Jerusalem and Beit Shemesh, gradually reopened to traffic. Police said they are now preparing for the orderly release of the bodies for burial, with funerals expected to take place later Tuesday.

Earlier in the day, hospitals reported encouraging news regarding the surviving children. Shaare Zedek Medical Center said that 27 babies and toddlers, out of dozens who were evacuated for medical evaluation, were released Tuesday morning in good condition after comprehensive testing returned normal results.

Hadassah Medical Center also reported that most of the infants and toddlers treated at its Ein Kerem and Mount Scopus campuses were released in good condition. Three infants remained hospitalized at Hadassah Ein Kerem for mild winter-related illnesses that doctors said were not connected to the daycare incident.

The tragedy occurred Monday in a residential apartment on Ha-Maggid Street in Romema that was operating as an unlicensed daycare facility. Two infants, four-month-old Lia Tzipora Golovenzitz and six-month-old Aharon Katz, were found unresponsive and later pronounced dead. Rescue teams reported finding dozens of infants in severely overcrowded, poorly ventilated rooms during extreme heat. Investigators have not yet determined the exact cause of death and are examining whether heatstroke, lack of oxygen, or carbon monoxide exposure played a role.

Despite the Supreme Court’s ruling on the autopsies, the criminal investigation is continuing. Police must now establish the circumstances of the deaths based on findings from the scene, testimony from caregivers, and external CT scans that were performed, without the pathological findings a full autopsy would have provided. Two suspects remain in custody on suspicion of child neglect in connection with the unlicensed daycare.