From Beit She’an to Jerusalem, ACRI Protects the Rights of Tent Protesters

Attorneys Suciu and Margalit with the Tel Aviv protesters

Since the eruption of the current “tent protest,” which has grown from a few tents in Tel Aviv to a country-wide grassroots movement for social and economic rights, the Association for Civil Rights in Israel (ACRI) has been working to ensure that the police, municipalities, and all other public authorities will not violate the freedom of expression of protestors across Israel.
 
 
 
Sections:
1. ACRI pamphlet on rights of demonstrators
2. Beit She’an: Following appeal, the municipality enables local encampment
3. Tel Aviv: Draconian terms of release for protest detainees are canceled by the court
4. Tel Aviv: Eviction of protest encampment in the south Tel Aviv Levinsky Park
5. Jerusalem: Appeals regarding restricting terms of release withdrawn following negotiations with police
 
 
1. ACRI pamphlet on rights of demonstrators
 
Following recent attempts by the police and authorities to suppress some of the “tent protests” in ways that harm the rights of demonstrators to freedom of expression and freedom of protest, ACRI has produced a pamphlet on rights of demonstrators, including answers to questions regarding protest encampments, demonstrations, detainment and arrest, and police violence. The pamphlets are being widely distributed in various protest encampments across Israel and through social networks.
 
To download the complete pamphlet, translated to English, click here.
 
2. Beit She’an: Following appeal, the municipality enables local encampment
 
The protest encampment in Beit She’an, a city in the north of Israel, was set up last week in front of the city’s municipality building. The majority of its residents are families that were harmed by public housing policies and are protesting the treatment they received from Amidar (a state-owned public housing company) and from Israeli authorities, and the lack of ability to attain adequate housing in their city.
 
Last Friday (29 July 2011), the Beit She’an municipality has decided to evict the encampment using police assistance. Since then, the encampment has been evicted several times and its equipment has been confiscated. The Beit She’an municipal authority’s policy stands in contradiction to that of many other Israeli local authorities, which have enabled protest encampments in their jurisdiction and often even assisted the protesters in access to electricity, provided public toilets, and so on.
 
On Sunday (31 July 2011), ACRI, together with Rabbis for Human Rights and four Beit She’an residents, appealed to the Nazareth District Court, asking the court to instruct the Mayor of Beit She’an, Jacque Levy, to cancel the eviction order he has issued and to cease all attempts to prevent the encampment. Following this appeal, the municipality has accepted all the demands presented by the residents – to enable the protest encampment in its original location and to return all confiscated equipment.
 
3. Tel Aviv: Draconian terms of release of protest detainees are canceled by the court
 
ACRI submitted several appeals on behalf of demonstrators detained during the recent housing and social justice mass protests. On Saturday night (23 July 2011), several of the protestors who were detained during a large rally in central Tel Aviv were released under draconian conditions, including a prohibition on participating in any protest or demonstration for 30 days and a requirement to stay away from the protest tent on Rothschild Boulevard for 15 days, effectively barring them from continuing to participate in the protests.
 
In an urgent appeal, submitted by ACRI to the Tel Aviv Magistrate Court, ACRI Attorney Anne Suciu demanded these restrictions be rescinded immediately, since they are disproportionate and unreasonable and violate the protestors’ freedom of protest. The police submitted their response to the appeal that same day, agreeing to decrease the requirement to stay away from the tent encampment on Rothschild Boulevard to 7 days. The Tel Aviv Magistrate Court, having conducted no deliberations, accepted this police decision.
 
Following that, ACRI submitted an urgent appeal to the Tel Aviv District Court, arguing that the court erred in adopting the position of the police without discussion of the appeal and without giving petitioners an opportunity to state their position, and that the updated terms are also disproportionate and unreasonable, since there is no real or concrete concern about the petitions to justify such serious harm to their freedom of speech. On 28 July 2011, the Tel Aviv District Court decided to completely rescind the restricting terms of release, and the 3 demonstrators vowed before the court to refrain from disrupting public order. ACRI Attorney Anne Suciu stated: “Happily, the court has prevented the police from using terms of release in an arbitrary and unreasonable manner as a means to limit freedom of expression and protest.”
 
4. Tel Aviv: Eviction of protest encampment in the south Tel Aviv Levinsky Park
 
ACRI contacted the authorities regarding the eviction of a protest encampment pitched on 24 July 2011 in Levinsky Park, in southern Tel Aviv. The encampment, which was pitched by veteran residents of the neighborhood, was demolished with force in the middle of the night by National Parks Authority officers, who had no legal authority to do so. This constitutes a direct violation of the protestors’ freedom to protest. Shula Keshet, a resident of the neighborhood and Director of the “Achoti” organization for Women in Israel, reported that 4 officers in uniform, accompanied by more than 10 men in civilian clothing with no name tags, demolished the tent and confiscated equipment, claiming that “you brought Sudanese refugees here,” since refugees who live in the neighborhood joined the protest.
 
According to Attorney Avner Pinchuk, Coordinator of Freedom of Expression Issues at ACRI, “The officers’ capricious and irresponsible behavior raises suspicion that this act was intended to quell the legitimate and important social protest taking place in Israel. The officers’ remarks are especially disconcerting, as if cooperation between veteran Israeli residents and refugees is a pretense for evacuation. The Tel Aviv municipality and other authorities cannot decide for the demonstrators where to express their pain over their ongoing discrimination, certainly not when the protest’s location is so inherently connected to its content.”
 
5. Jerusalem: Appeals regarding restricting terms of release withdrawn following negotiations with police
 
On 27 July 2011, ACRI submitted two appeals to the Jerusalem Magistrate Court on behalf of ten demonstrators detained two days earlier, during demonstrations near the Knesset and in Paris Square in Jerusalem. The demonstrators were released from detention under restrictions that included, among other things, a prohibition on participation in demonstrations or protest vigils for 7 days, and staying away from the Prime Minister’s residence, the Knesset, and the government compound for 10 days. In the appeal, ACRI argued that the comprehensive restriction on participation in demonstrations or protests of any kind completely negates the petitioners’ ability to exercise their right to free speech and to demonstrate, in any connection, anywhere, and demanded that these restrictions be lifted.
 
After lengthy negotiations with the Jerusalem Police, it was agreed that the prohibition on participation in demonstrations will be shortened, so that the protesters will be able to attend the Jerusalem Pride March (which marched together with tent protesters) and the mass demonstration held that Saturday. It was further agreed that the restriction on being in the vicinity of the Knesset and government offices will be decreased to 7 days. Following this agreement, the appeals have been withdrawn.