On the evening of 18.7.05, as a result of reports that buses on their way to the right-wing rally in Netivot were being blocked by the police, The Association for Civil Rights in Israel (ACRI) sent an urgent written appeal to Israel Police Commissioner. ACRI stated in the letter that the preemptive action taken to prevent citizens from moving from one city to another is illegal and represents a severe violation of the right to freedom of movement. The following is a copy of the translated letter.
To:
Inspector General Moshe Karadi
Israel Police Commissioner
National Headquarters
Sheikh Jarrah
Jerusalem 91910
Re: The blocking of buses trying to reach Netivot
We read with great concern reports in the media of the draconian and invasive measures taken by the police to prevent those wishing to demonstrate against the disengagement plan from reaching Netivot yesterday. According to an article that appeared on the Ynet Internet site ("Police block buses on their way to right-wing demonstration”), the police located all the transportation orders for vehicles hired to transport the demonstrators, and thus prevented them from reaching the city; large forces were deployed around the city and buses carrying passengers opposing the upcoming disengagement were prevented from traveling; and in some cases the police confiscated drivers’ licenses to stop them driving their vehicles. The article also describes how a police officer threatened a bus driver at the Megiddo junction that if he continued his journey he would be arrested at the next junction and fined.
Even if a justifiable reason exists for the police to refuse to issue a permit for the planned rally to the plan’s opponents – and we are not expressing any position on this complicated issue – when dealing with protest action, the law enforcement agencies must do its maximum to minimize as much as possible the infringement on the right to freedom of expression and human rights. The utilization of extreme measures with no authorization to thwart from the outset the holding of a demonstration – even an illegal demonstration – is reminiscent of regimes that we would prefer not to be likened to.
The attempt to prevent a group of citizens from moving from one city in the country to another is illegal and represents a serious infringement of the right of an individual to freedom of movement. Despite all our efforts we could not find any legal provision authorizing the police to stop buses for the sole reason that the passengers wished to be transported to a specific location. If an illegal assembly develops in Netivot the police force is authorized with wide and varied powers to deal with this situation; but there is no justification or legal mandate to prevent the protesters from starting their journey.
In light of the aforementioned above, we urgently ask that you cancel the order to stop the buses on their way to Netivot, and that you act to ensure that citizens who wish to, are not prevented from reaching the city.
Attorney Lila Margalit
last updated : 20/07/05
