Israel’s High Court of Justice yesterday ruled against a clause in an amendment to the Police Ordinance that granted National Security Minister Itamar Ben-Gvir the authority over police investigations, saying the clause isn’t constitutional.
Five of the nine judges ruled against the amendment.
In December 2022, the Movement for Quality Government in Israel, the Association for Civil Rights in Israel (ACRI) and other rights groups submitted a petition against the amendment to the Police Ordinance (“the Ben-Gvir Law”), arguing that it gives the far-right national security minister extensive powers over the police, including powers to formulate policy regarding investigations.
According to the organisations, the amendment harms the independence of the police, allows for the politicisation of law enforcement, and is a fatal violation of basic democratic principles.
In its response to the petition, the court unanimously rejected Clause D8, saying it violated the constitutional rights of suspects, and contradicted the “limitations clause” in Israel’s Basic Law: Human Dignity and Liberty, which limits the Knesset’s ability to pass laws that violate the rights enshrined in the law.
On 17 April 2023, Adalah and the High Follow up Committee also filed a petition to the Supreme Court against the amendments, arguing they are “unconstitutional and contradict the basic principles that form the cornerstone of the rule of law.”
Adalah argued that the amendments allow for any political entity with a clear partisan and ideological agenda to hold the responsibility for setting priorities in police matters.
“The decision-making of this entity is certain to be influenced by inherent biases driven by their role in electoral politics.” Thus, they argued, “the amendment inherently undermines the principle of the rule of law and makes its enforcement political, thus precluding the principle of equality.”
The petitioners stressed that a series of policy measures implemented by Minister Ben Gvir since taking office indicate the grave consequences of the police’s politicisation and subordination.
They also highlighted his overt declarations to implement sweeping changes in the police’s handling of Palestinian citizens of Israel, including the open-fire regulations. These declarations make no attempt to conceal his violent and racist views towards Palestinians.
Ben-Gvir lambasted the court’s ruling for “trampling on the will of the voter.”
