No due process for Palestinians 6; Israel must reveal evidence – – IMEMC News


Adalah – The Legal Center for the Rights of Arab Minorities in Israel released its legal expert opinion on recent Israeli decisions to designate six Palestinian human rights and civil society groups as “terrorist organizations” and “organizations” illegal ”. Adalah has provided consultations and legal advice to the six organizations, since the Israeli Defense Minister designated them as “terrorist organizations” under Israel’s 2016 Anti-Terrorism (Anti-Terrorism) Law on October 19, 2021. The Palestinian groups are: Addameer Prisoner Support and Human Rights Association, Al-Haq, Bisan Center for Research and Development, Defense for Children International – Palestine (DCI-P), Union of Agricultural Working Committees (UAWC) and the Union of Palestinian Women’s Committees (UPWC). Following the designations of the Minister of Defense, the groups were also declared “illegal associations” by the Israeli military commander under the emergency (defense) regulations of 1945.

In the expert opinion, Adalah analyzes the two legal measures that the Israeli Minister of Defense and the Israeli military commander have taken to criminalize the activity of Palestinian human rights and civil society organizations, stop their operations. , seize their assets and impose sanctions on their directors. , staff and supporters. Both measures – under the anti-terrorism law and emergency regulations – are marred by flaws and critical deficiencies in due process, fail to meet international standards and amount to significant violations of Palestinian rights.

    Adalah’s main observations

Definitions too broad and vague

  • The categories of “terrorist organization” and “illegal association” created by Israeli domestic law and military legal frameworks allow the Israeli Minister of Defense and the Israeli military commander to prohibit groups that engage in lawful activities using means legal.
  • Great discretion

  • In both legal frameworks, the competent Israeli authorities do not need to justify their decisions, and the orders themselves are not immediately reviewable by a court or tribunal. Organizations and their members had no opportunity to challenge designation and declaration orders prior to their issuance, or even to review the information used to justify the orders.
  • Extreme sanctions

  • The designation has serious and disproportionate implications for organizations, their staff, members and supporters. These implications include the seizure of property and assets of the organization and up to twenty-five years’ imprisonment for its directors. Both legal regimes also criminalize public expressions of “praise”, “support” or “sympathy” towards designated groups and / or their actions and purposes. The designations threaten to isolate these groups, undermine their credibility and disrupt their fundraising efforts.
  • Secret evidence and no due process

  • Both legal frameworks fail to provide minimum standards for a fair trial and due process. In particular, both allow the massive use of secret evidence, which is not disclosed to the parties concerned and on which the relevant Israeli authorities can rely to make final decisions. Petitions to the Israeli Supreme Court – many of which take place only after the exhaustion of other legal procedures that deny due process – also do not resolve these problems, as the Court has always shown great importance. deference to the Israeli security apparatus in matters believed to involve national security. Questions.
  • Conclusion

  • In Adalah’s view, due process requires, at a bare minimum, that the Israeli authorities disclose to the six Palestinian human rights and civil society organizations and to the public all documents they believe warrant. banning groups. Only then will groups have a meaningful opportunity to question and challenge all of the evidence.
  • Following the passage of the anti-terrorism law in 2016, Adalah submitted a detailed report position paper to the Israeli Attorney General challenging the law and its main provisions, and demanding its annulment.

    See the full report here.

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