{"id":8029,"date":"2014-03-25T16:10:45","date_gmt":"2014-03-25T14:10:45","guid":{"rendered":"https:\/\/law.acri.org.il\/en\/?p=8029"},"modified":"2014-03-25T16:10:45","modified_gmt":"2014-03-25T14:10:45","slug":"crumar14","status":"publish","type":"post","link":"https:\/\/law.acri.org.il\/en\/2014\/03\/25\/crumar14\/","title":{"rendered":"Court Roundup | December 2013 \u2013 March 2014"},"content":{"rendered":"

\n<\/strong><\/span><\/div>\n

\u00a0<\/span><\/p>\n

Rulings & Decisions<\/span><\/strong><\/p>\n

 <\/p>\n

Equal Representation for Women & Arabs<\/span><\/strong><\/p>\n

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On December 19, 2013, ACRI Attorney Nisreen Alyan<\/strong> filed a petition with the High Court of Justice regarding the failure of the Ministry of the Interior to appoint Arab members to their three committees of inquiry on redistricting and revenue sharing in the Negev. The petition argued that the failure to appoint Arabs to the committees constitutes a violation of the right to equal representation for Arab citizens in public bodies and committees.
\n 
\nThe ministry committees were formed in July 2013 to examine the municipal boundaries of the regional and local councils in the Negev and their control over important \u201crevenue generating\u201d regions. Seven members were appointed to each of the inquiry committees, and none of them were Arab.
\n 
\nFollowing ACRI’s petition<\/a>, the ministry notified the Court and ACRI that Arab representatives had already been appointed to all three of the committees, stating, \u201cthe Ministry of Interior accepts that there is a basis to appoint Arab members to the committees of inquiry,\u201d and citing the \u201cbroad mandates of these committees and wide influence of their work.\u201d
\n 
\nAttorney Alyan: \u201cIt is nice to discover that in this case the Minister of Interior was receptive to criticism and even acted to change the situation. I hope that gradually more and more government offices will internalize the importance of equal representation of minorities and disadvantaged groups \u2013 like Arabs and women \u2013 that have been excluded from the corridors of power and decision making for decades.”<\/strong>
\n 
\nFor additional information on this petition, click here<\/a>.
\n 
\nIn a separate petition<\/a>, ACRI appeared before the High Court of Justice on February 26, 2014 to demand the appointment of woman and Arab members to the Israel Lands Authority (ILA) Council.
\nThe ILA council holds extraordinary executive power as the body responsible for 93% of the land in Israel. Of the ten current council members, there is just one woman, and no Arabs.
\n 
\nSupreme Court President Asher Grunis stated during the hearing that the lack of representation for Arab citizens and the under-representation of women on the ILA Council is unacceptable, and declared that if the state does not take steps to rectify the situation within 45 days, then the Court would issue an opinion without an additional hearing on the petition.
\n 
\nFor additional information on this petition, click here<\/a>.<\/p>\n

 <\/p>\n

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Protecting the Right to Protest in Tel Aviv<\/span><\/strong><\/span><\/h1>\n

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Over the last two months, ACRI has been engaged in two cases regarding free speech and the right to protest in Tel Aviv. The first dealt with the right of protesters to erect a “protest tent” on municipal grounds, and the second with fees charged by municipal authorities for staging a demonstration.
\n 
\nOn July 3, 2012, ACRI filed a petition with the Tel Aviv District Court against the municipality\u2019s policy on erecting tents for the purpose of demonstrating.
\nThe policy of the municipality was that to erect even a single tent in public space, potential demonstrators would be required to provide detailed information about the tent\u2019s size and location, as well as procuring a municipal certificate and police and fire department approval, all of which require battling extensive red tape.
\n 
\nACRI argued that municipal policy requiring a permit to erect a tent was a serious violation of freedom of expression and had no foundation in municipal law. The excessive bureaucratization of the municipality disproportionately undermines the fundamental right to free speech, thus reserving this key right only for those with the means to navigate the municipal labyrinth and pay a high fee.<\/strong>
\n 
\nThe District Court dismissed the petition and ACRI appealed to the Supreme Court. In the lead up to the appeal, the municipality released a new set of guidelines, which in contrast to the arduous requirements currently imposed upon protesters, would require that protesters seeking to erect a tent simply give notice in writing to the authorities. At the hearing on February 26, the court gave the Tel Aviv Municipality 90 days to clarify its new procedures and present them to the court.
\n 
\nAt a separate hearing at the Supreme Court on January 8, ACRI presented its position regarding the Tel-Aviv Municipality’s practice of charging exorbitant fees in order to approve public demonstrations at Rabin Square and other public locations. Supreme Court President Grunis criticized the habit of the municipality to collect payment for demonstrations in Rabin Square, citing the importance of the square as a symbol for protests.
\n 
\nACRI Chief Legal Counsel, Attorney Dan Yakir<\/strong>: \u201cthe Supreme Court made \u200b\u200bclear in today’s hearing that the right to demonstrate is reserved for everyone, not just for the wealthy\u2026 The challenge for the municipality is now to ensure that it is publicly known that there is no longer any fee for conducting a public protest in Tel Aviv.”
\n <\/p>\n

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 <\/p>\n

Petitions & Interventions<\/strong><\/span><\/p>\n

 <\/p>\n

Hearing for Anti-Boycott Law<\/span><\/strong><\/p>\n

 <\/p>\n

On February 16, the High Court of Justice heard arguments<\/a> regarding Israel\u2019s Anti Boycott Law. The Anti Boycott Law, which went into effect in 2011, creates a private (civil) right of action for damages against individuals or organizations who call for a boycott of goods from Israeli settlements or of economic or cultural ties with Israel generally. The law allows plaintiffs to pursue a civil case without having to prove actual damages. It also permits the Minister of Finance to impose financial penalties, including the removal of tax exemptions, on anyone including NGOs that call for a boycott.
\n 
\nThe petitioners, including ACRI, argued that the law imposes a \u201cprice tag\u201d on legitimate political expression and harms public discourse on the most pressing and controversial issues. The severe sanctions authorized by the law create a chilling effect on speech that deters people from using a boycott to express a political stance \u2013 this violation of free speech is felt even in the absence of any actual sanctions having been imposed.<\/strong>
\n 
\nThe petitioners argued in response to purported fears of financial harm being caused to people conducting business in the occupied territories: \u201cIf you choose to live in the Occupied Territories, then you have to deal with the consequences […] Boycotts are a part of democracy. They are a non-violent protest against the Occupation […] The law is causing harm to free speech in Israel today. We can’t waver due to hypothetical future consequences.\u201d<\/strong>
\n 
\nThe court will hand down its ruling over the coming months.
\n 
\nThe petition was submitted by ACRI and Adalah and was heard alongside three other petitions on the same issue.
\n 
\nTo read over ACRI’s live-tweets from the courtroom, follow us on Twitter at @acri_online.<\/a><\/p>\n

\"\"<\/p>\n

The “Legal Dream Team” arguing against the Anti-Boycott Law.<\/em>
\n Attorneys Gabi Lasky, Dan Yakir of ACRI, Sawsan Zaher & Hassan Jabareen of Adalah<\/em>\n<\/p>\n

 <\/p>\n

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Illegal \u201cWanted\u201d Posters in West Bank Refugee Camp<\/span><\/strong><\/p>\n

 
\nAt the end of December 2013, posters were hung in the Al-\u2018Arrub Refugee Camp in the West Bank with the pictures of 9 parents who have a child being held in a military prison facility or who has been arrested in the past. The names of the parents were written below their photograph alongside a threatening message asserting that if they do not prevent their children from participating in \u201cacts of terror\u201d, then \u201cthe IDF will be forced to intervene to stop the recurrence of these activities.\u201d The warning included the sentence: \u201cStop them before it\u2019s too late. Consider yourselves warned\u201d and is signed by \u201cAbu Salam\u201d of \u201cIDF Headquarters\u201d.<\/strong>
\nIn early January 2014, additional threatening posters were distributed at Al-\u2019Arrub, but without pictures of the camp residents.
\n 
\nIn response, ACRI and B\u2019Tselem contacted the Legal Adviser of the IDF\u2019s Judea and Samaria Division to demand the immediate cessation of the illegal distribution of these posters. ACRI Attorney Raghad Jaraisy and Noam Raz from B\u2019tselem<\/strong> emphasized that there is no justification for such intimidating behavior. If the IDF possesses any information pertaining to illegal activity performed by the parents in the photos or their children, then it must initiate legal proceedings as opposed to resorting to intimidation and inciting fear.
\n 
\nIn the absence of such legal proceedings, the publication of photographs of the residents, designed to incite fear within the camp, is a serious violation of privacy and dignity, and extends even to the level of persecution due to the implied threat that they are being targeted.
\n 
\n\"\"<\/p>\n

For more information on this phenomenon, and to read a complete translation of the posters, click here<\/a>.<\/p>\n

 
\n 
\n <\/p>\n

\"desk_side\"<\/a><\/p>\n

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December 29, 2013 – High Court of Justice Rejects Petition to Overturn Vanunu’s Restraining Orders <\/strong><\/center><\/span><\/p>\n

On December 29, 2013, the High Court of Justice rejected the seventh petition submitted by Mordechai Vanunu against the restraining orders issued against him since his release from prison in 2004. Mr. Vanunu was convicted of offenses against state security, specifically providing confidential information on the activities of the Nuclear Research Center (NRC), and was sentenced to 18 years in prison. Since his release, Mr. Vanunu has been subjected to a series of restraining orders that limit his movement and forbid him from meeting foreigners or leaving the country.<\/p>\n

The Court ruled that it has reviewed the restraining orders several times in recent years, and has found time and again that they are necessary to protect national security.
\n 
\nSupreme Court President Grunis conceded that \u201cthere is a need to re-examine the necessity of the orders, and such review must take into account the passage of time … this assessment is necessary to ensure that the violation of the rights of the petitioner is proportionate given the sensitive information available to the petitioner and his motivation to disseminate it.\u201d<\/strong>
\n 
\nThe first of the series of petitions was submitted by ACRI. Since then, Mr. Vanunu has been represented by Attorneys Avigdor Feldman and Michael Sfard.<\/strong>
\n <\/p>\n

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January 12, 2014 –\u00a0Anti-Discrimination Law Upheld in Makor Rishon Newspaper Case<\/span><\/strong><\/center><\/p>\n

On January 12, 2014, the Tel Aviv District Court accepted an appeal by the National Association of GLBT in Israel<\/strong> against the judgment of the Tel Aviv Magistrate Court, which had dismissed a suit against the Makor Rishon newspaper on the charge that the newspaper had refused to publish an LGBT outreach advertisement. Both the appeal and the original suit were filed by the Human Rights Clinic at the Tel Aviv University Faculty of Law.<\/strong><\/p>\n

 
\nThe trial court originally determined that the newspaper\u2019s refusal should constitute an exception to anti-discrimination legislation. The law states that conduct shall not be considered discriminatory \u201cwhen it is necessary by virtue of the character or nature of the product, public service or public place.” The newspaper had argued that in refusing to publish the advertisement, it was acting to protect its national-religious audience who may be confused in response to this outreach advertisement, especially as the plaintiff has no presence within the community.
\n 
\nThe Tel Aviv District Court, however, did not agree that the newspaper\u2019s conduct fell within this exception. The lower court was found to have erroneously linked the advertisement with homosexual intercourse without any basis. Rather, the advertisement was found to be modest, the sole purpose of which was to raise awareness and provide information to those seeking assistance.
\n 
\nJustice Ruth Lebhar-Sharon noted in her ruling that: \u201cThe content of this advertisement is insufficient to harm public sensibilities [\u2026] Newspapers play an integral role in facilitating public discourse, and as such are not a “regular” private enterprise.\u201d<\/strong>
\n 
\nThe Makor Rishon newspaper was ordered to pay compensation to the sum of NIS 50,000 in addition to NIS 10,000 of the Association’s legal costs.
\n 
\nTo read a summary of these legal proceedings, click here<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

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