Recent Developments

In the Situation of Human Rights Defenders

Further Restrictions on Freedom of Protest and Severe Police Brutality Against Peaceful Protesters as Anti-Netanyahu Protest Persists

As the nationwide protest against Prime Minister Netanyahu persists since July, on September 29th, the Knesset passed an amendment to the government’s COVID-19 Emergency Bill, that allowed restricting the protest against Netanyahu. The amendment barred protesters from demonstrating in places more than a Kilometre from their homes during the lockdown (a restriction which was prohibited in the previous version of the law, passed in July). In its response to petitions submitted to the High Court of Justice against the legislation restricting the protest, the state admitted that it has no evidence to support the claim that the demonstrations contribute to a surge in COVID-19 cases. The State also stated that it will not renew the special state of emergency, thus, the current restriction on protest should expire on October 14th.

The second nationwide lockdown and restriction on the right to protest did not deter the Israeli public. On October 3rd, tens of thousands of protesters, including families with children and first-time protesters went out the streets near their homes to protest the erosion of democracy, chaotic handling of the economic and health crisis, and corruption charges against Netanyahu- calling for his resignation.

Countless videos taken at the demonstrations show that the police applied unjustified and disproportionate use of force and severe brutality against peaceful protesters, particularly in Tel-Aviv, where 38 protesters were violently arrested, many of whom were injured. Mounted officers rode horses into the crowd, officers on motorcycles punched peaceful protesters, undercover officers randomly attacked protesters who were documenting the events, and innocent protesters, including elderly people, were forcefully pushed to the ground. Videos show protesters brutally beaten and choked while arrested. A few journalists were also attacked by police although they identified themselves as reporters. The police continued its use of “Kettling”, and confined a few dozen protesters on a small, dangerously crowded street that was blocked from each end with fences. The protesters were trapped in a confined overly crowded space for over an hour, while endangering their health. Some reported that after their arrest they were held in the police detainees’ truck for almost eight hours and were denied medical care, water or exit to use the bathroom. At the police station, the protesters were asked to sign release terms which included a five-days house arrest and two weeks ban to attend central protest locations. Those who refused to sign the release terms and requested to go to court instead, were released by the police with limited release terms or none.

Photograph by Oren Ziv, Tel-Aviv, 3.10.2020

Many protesters across Israel reported they were attacked by Netanyahu supporters. Some were injured and hospitalized. On October 1st, a driver ran over and injured a protester in Tel-Aviv and was later arrested. None of the attacks were condemned by Netanyahu or the Likud Ministers.

HRDF-funded lawyers, Adv. Gaby Lasky and Adv. Asaf Weitzen, provided legal consultation at the police stations to 30 protesters who were arrested on October 3rd. Police demanded to impose a five days house arrest and a ban of 15-30 days from the central protest location. 14 of the detainees appealed against the release terms imposed by the police and won the appeal. In the verdict, the judge stated that the police authority to impose restraining orders should be interpreted to its minimal extent due to the importance of the freedom of expression, protest, and movement. She then added that the police acted beyond its authority when imposing 30 days restraining order when the number of days permitted under the law is 15. In addition, the judge stated that the police’s practice to release the protesters who refuse to sign the release terms at the stations, violates the principle of equality in relation to the protesters who appealed, and decided to release all 14 and cancel all terms imposed by the police.

Hundreds of protesters, including journalists, received 500-1,000 ILS fines from police for not keeping social distance during the protest, although such an offence does not exist. Others received fines for “disobeying an officer to disperse a gathering which does not keep a two-meters distance between people”, or for an “illegal gathering”. Earlier in September, dozens of protesters received fines while demonstrating outside Netanyahu’s official residence in Jerusalem. The 500-1,000 ILS fines, as well as penalty points on their driving records, were given to protesters for blocking the road, or disturbing the traffic- although all roads surrounding the demonstration were blocked by the police at the time. In some cases, officers attacked protesters and pushed them to the road before handing them the fine. On October 10th, HRDF-funded lawyer, Adv. Gaby Lasky, wrote a letter to the Attorney General, requesting to cancel all fines and penalty points and to put an end to the illegal measure, which constitutes a violation of the freedom of protest.

The protest continued October 8th-10th, when tens of thousands of people protested within one kilometre from their homes. Protesters continued to report attacks by Netanyahu supporters and four protesters were arrested.

On October 10th, a police chief superintendent spread false information on the evening news, quoting a Facebook post of one of the protest groups, allegedly calling for protesters to gather tear gas and electric shockers to attack officers. The same false statement was also released in an official police announcement. An hour after the broadcast, the police published a clarification explaining that this was in fact fake news. The fake post was written by right wing activists before it was enthusiastically embraced and published on national TV by the police, without even checking its credibility.

Since the beginning of the protest in late June, HRDF has provided legal consultation and representation to over 300 peaceful protesters who were falsely arrested.

It is no surprise that this escalation in police brutality and attempt to prevent the protest, came after on October 1st, Public Security Minister, Amir Ohana, criticized and condemned the Tel-Aviv Police on his twitter, for enabling the protest. Earlier in June, Ohana, who is about to appoint the next Police Inspector General, requested the police to bar the protests outside Netanyahu’s residence and was later recorded in a meeting with the temporary Police Inspector General, saying that the police is being too “gentle” on the protesters, and handles them better than it would “Arabs, Ultra-Orthodox or Ethiopian” protesters. According to recent media reports, high ranking officials in the Israeli police claim that Minister Ohana is constantly trying to pressure police district commanders to implement a “zero tolerance” policy towards the protesters.

Photograph by Oren Ziv, Tel-Aviv, 3.10.2020

While Prime Minister Netanyahu and his ministers accuse left-wing NGO’s of organizing the protest and label the protesters as “leftist anarchists” and “disease spreaders”, there are also concentrated attempts to harm civil society organizations in Israel, among them the HRDF. On August 4th, channel 20, which is affiliated with Netanyahu, published an article about HRDF and other human rights NGOs, titled: “Arrested During the Protest Against the Prime Minister? Foreign Countries Will Fund Your Lawyer”.

The article accused HRDF and other Israeli Human Rights NGOs of organizing and funding the current protest against Netanyahu. Specifically, the article accused HRDF of raising funds from “foreign governments” and named some of the board and staff members while labeling them as anti-Israeli. The reporter also recorded and published a conversation with HRDF Hotline staff member, but failed to obtain any incriminating or negative response, as they were attempting to do.

This article was tweeted by Prime Minister Netanyahu on his personal Twitter account the evening it was published.

On September 22nd, a Panel was held at the Knesset’s Caucus for the Fight against De-Legitimization (CFD)- a lobby run by Likud Knesset members, who regularly invite right wing individuals and extreme-right NGOs to present their agenda. The panel hosted, among the rest, Im-Tirtzu- an extremist right-wing NGO whose purpose is to intimidate and delegitimize human rights defenders, and Shai Glick- a right-wing activist and serial plaintiff who is infamous for harassing defenders. Im-Tirtzu claimed that foreign funding provides legal aid to terrorists and to anarchists who publicly shame and harass IDF soldiers. The Chair of the Caucus, Likud Knesset member Ariel Kellner, referred to the article published about HRDF on channel 20, and repeated the allegations mentioned in the article.

On October 4th, Knesset member Kellner, sent an official letter to the embassies of Germany, Norway and Switzerland- demanding that they stop supporting HRDF. In the letter he wrote: “the Fund which you support, provides legal defense to violent protesters and law-breakers at the Prime-Minister’s house in Balfour. The protesters confront the police and harm the public’s health…I ask you to stop funding this activity.”

It should be emphasized that contrary to the narrative advanced by the government and its supporters, the protest is completely non-violent. In fact, HRDF has not encountered any cases of violence displayed by demonstrators, but only cases of severe police brutality and false arrests, accompanied by ongoing incitement by government officials which is then followed by physical attacks against protesters.

We foresee that as the protest across Israel will persist, these orchestrated attempts to harm and delegitimize human rights defenders (both organizations and protesters), by the government and non-state actors, will continue.

There is no doubt that the mounting measures employed by the police- severe brutality, false arrests of peaceful protesters, false accusations of attacking police officers, house arrests, retraining orders and illegal fines- are all aimed to suppress the non-violent protest. The mere possibility of fulfilling the right to protest is the foundation of a functioning democracy, especially at a time when the democratic space is shrinking in a way which thousands of protesters perceive to be illegal and unconstitutional. Therefore, HRDF will keep standing in solidarity and supporting the protesters’ constitutional right of expression.

Photograph by Oren Ziv, Tel-Aviv, 3.10.2020

Court Ruling- Publication of Illegality of House in a Settlement Constitutes a Violation of the Right to Privacy:

On June 24th, 2020, the Jerusalem Magistrate’s Court ruled that NGO Kerem Navot, which monitors Israeli land policy in the OPT, will compensate a right-wing activist after publishing a photo of his house in the illegal settlement of Kfar-Adumim, in 2017. The compensation in the amount of 18,000 ILS was imposed after the court ruled that a Facebook post, comprising a picture of the settler along with a photo his house, an aerial shot of the house, and a text claiming the house to be illegal, constitutes a violation of privacy. In his lawsuit, the right-wing activist, who is a known advocate for the demolition of alleged illegal Bedouin villages, was seeking the court for a compensation of 120,000 ILS. HRDF funded lawyer, Adv. Itai Mack, who represents founder of Kerem Navot, Dror Etkes, claimed that this case is a clear example of SLAPP (Strategic Lawsuit Against Public Participation), aimed at silencing critique against the illegality of the settlements and that the publication of the information is of public interest.

The verdict sets various highly problematic precedents:

  • The judge ruled that the combination of details that were published, among them the illegality of the house, constitutes a violation of the right to privacy. One of the reasons being that it was not public information.
  • The judge also ruled that the illegality of the house is not of “significant public interest.”
  • Another problematic component of the ruling is the assumption that information that was received following a “freedom of information request”, is not public information, and its publication could therefore give rise to a violation of privacy.

On August 3rd, Adv. Mack has submitted an appeal to the District Court. HRDF views this case as significant as it could have widespread ramifications on the work of defenders in the OPT. Contrary to the ruling, the illegality of the house is of significant public interest, as the resident of the house is a loud opponent to Palestinian and Bedouin construction in the OPT.

HRDF sees great importance in overturning this verdict, and specifically the assertion made regarding publicizing of illegal building, as it has the potential to restrict the very core of public discourse regarding the illegality of settlements and settlers’ accountability, and could be used to impede the work of human rights organizations who monitor and oppose to illegal building in the OPT.

Court Sentences Bedouin Human Rights Defenders to Imprisonment:

On September 21st, three members of the Abu Madhi’m A-Turi family of the unrecognized Bedouin village Al-‘Arāgīb, were sentenced to imprisonment by the Magistrate’s Court after being convicted of three charges earlier in 2019: trespassing with intent to commit an offense, violation of lawful direction and unlawful entry to public land. Aziz Abu Madhi’m and his brother Sayef, were sentenced to six and three months in prison, respectively. Their father, Sheikh Sayah, was sentenced to three months of community service due to his age and his poor health. Another family member, Saleem, was sentenced to four months in prison. The four were also fined extremely high sums, ranging between 12,000-30,000 ILS each, and 77,000 ILS in total.

Sheikh Sayah and his family who are represented by HRDF-funded lawyer, Michal Pomeranz, are planning to appeal the decision. Following the ruling, Attorney Pomeranz stated: “The Court imposed upon the Abu Madhi’m family an unfounded sentence, which does not comply with the previous, and likewise severe verdict in the case of Sheikh Sayah. The Court unjustifiably sent people who are not in any way criminals to prison, and we will appeal this outrageous decision”.

Adv. Pomeranz filed a motion for a stay of execution of the sentence and it was approved by the Magistrate’s Court, under the condition that each of the defendants will provide 5,000 ILS guarantee within one week.

Sheikh Sayah was previously convicted in 2017 of 19 counts of trespassing, 19 counts of unlawful entry into public land and one count of breach of law, all of which relate solely to his persistent struggle to safeguard his family’s historical rights over their land. He was sentenced to ten months in prison, five months’ probation, and 36,000 ILS fine.

These are only some of many criminal, civil and administrative legal procedures executed by the State against the Abu Madhi’m family and other indigenous Bedouin activists, in an attempt to prevent them from resisting violations of their rights, and as deterrence to all human rights defenders protecting Bedouin indigenous rights.

Members of the Al-Turi family as they are forcefully evacuated from their homes by Israeli police, Al-‘Arāgīb, 26.7.2010, photograph by Anne Paq.

The criminalization of the Abu-Madhi’m family for living on their land, and the findings that this is an offence that carries prison sentences, effectively criminalizes thousands of Bedouin citizens with similar status on the land. There is reason to believe that the Abu-Madhi’m family has been singled out for enforcement action to the full extent of the law because they have opted for a non-violent struggle for Bedouin rights in the Negev.

HRDF will continue to support Bedouin defenders active in the struggle for land rights and recognition, who face ongoing legal prosecution, in particular from the village of Al-‘Arāgīb, which was demolished 178 times and faces daily oppression by the Israeli authorities.