Riot Police 311.
(photo credit: Israel Police)
Attorneys at the Association for Civil Rights in Israel asked Attorney-General Yehuda Weinstein on Tuesday to shelve Public Security Ministry plans for emergency measures giving police additional authority to deal with rioters ahead of the planned Palestinian statehood bid at the UN.
The Justice Ministry told The Jerusalem Post on Sunday that the deputy attorney-general for criminal matters intends to examine the emergency measures with senior officials.
According to reports, the emergency measures could include holding suspects detained after violent disturbances for 48 hours rather than 24 hours before having to bring them before a judge for a remand hearing.
It would also be possible for police to delay bringing suspects who are
minors before a judge to 48 hours instead of the current 12 hours.
Police could also be allowed to detain suspects not under arrest for
nine hours instead of the current three, and detainees would be
permitted access to an attorney only 48 hours after arrest rather than
as soon as possible.
Attorney Dan Yakir, legal adviser to the ACRI, slammed the proposals as potentially leading to human rights violations.
Ministers can enact such regulations because the country is in a state
of emergency, which has remained in force ever since 1948.
A 1999 High Court of Justice appeal to cancel the state of emergency is still pending.
“As per a High Court ruling, emergency regulations can only be used in a
real emergency, where the state’s existence is under threat and the
Knesset cannot be convened to legislate,” said Yakir. “This is certainly
not the case in September, even in the worst case scenario.”
Attorney Lila Margalit, the ACRI’s Coordinator of Human Rights in the
Criminal Process, said the proposals could harm detainees’ fundamental
“The police have got a green light from the government to make arbitrary
mass arrests and collectively deny the rights of detainees,” Margalit
said. “The law enforcement system should prepare the appropriate
authorities to deal with disturbances without surrendering those basic
rights designed to defend us against false arrest.”