ACRI has submitted a request to join as a friend of the Court in proceedings being conducted by the State against Breaking the Silence. The first hearing will be held on Sunday at the Petah Tikva Magistrate’s Court. The State has demanded that Breaking the Silence violate its guarantee of confidentiality to soldiers who have testified to the organization, and provide the State with raw materials of these testimonies. In ACRI’s submission to the Court, we noted that despite the State’s intention to advance investigations with respect to several specific cases, the State’s claim will cause severe damage to the organization and indeed all civil society organizations because people will have no immunity and will therefore choose not to testify.
ACRI’s request, which was written by Attorneys Avner Pinchuk and Roni Pelli, explained that Breaking the Silence (and other organizations) endeavors to collect and report what goes on in the Occupied Territories relies on trust and the guarantee of immunity, which is comparable to the work of a journalist. Neither can function without the existence of privilege to protect its sources and content.
The State’s goal should be to reach the truth in the broadest sense of the term. It is clear that the testimonies provided to Breaking the Silence would not have been given without the assurance of confidentiality, and it is hard to believe that people will be willing to testify to the organization in the future, if the raw materials are exposed. If the State succeeds in its application to get the raw material and the evidence is disclosed, this will cause severe harm to the truth, the public discourse and the protection of human rights.
In addition, a precedent that would force “Breaking the Silence” to provide evidence will effectively turn civil society organizations into subcontractors of the investigating authorities. This will hurt their ability to gather information and help those whose rights are affected across a range of areas. The State’s requirement seriously goes against the public interest.
The proceedings being brought against Breaking the Silence is another incident in a sequence of events that have been taking place over the past year, against civil society organizations and human rights advocates. In recent months we have been exposed to laws designed to mark out human rights organizations, laws that seek to outlaw those whose activities do not find favor with the political majority, campaigns that define them as “traitors “, foreign agents, and more. This inciting campaign was conducted in cooperation or in coordination with state leaders and unrestrained and extreme propagandists. The use and style of these messages are reminiscent of dark periods in history that generated hatred and violence. Breaking the Silence found themselves at the center of the campaign as a key target, and even the President of Israel has received hate-filled criticism only because he refused to outlaw the organization.
A healthy and functional democracy is characterized among other things, by its ability to deal with criticism and to hear voices from outside the majority. Social change and human rights organizations have a key role in criticizing the authorities, promoting values and norms, and providing a basis for active participation in a democratic society.
ACRI petitioned the Attorney General Avichai Mandelblit, and outlined the severe harm that could be caused to Breaking the Silence as a result of these proceedings. Attorney Dan Yakir, ACRI’s Chief Legal Counsel, asked the Attorney General to request that the State Prosecutor retract the petition and to enable the organization to continue his important work.
For more information:
ACRI’s request to join the proceedings (in Hebrew).
ACRI’s letter to the Attorney General (in English) and in Hebrew.
