In a Unanimous Decision, Israeli Supreme Court Cancels Elections’ Committee Decision to Disqualify MK Haneen Zoabi
(Jerusalem) Today, 30 December 2012, the Israeli Supreme Court unanimously ruled to cancel the Central Elections Committee’s (CEC) decision to disqualify Knesset Member (MK) Haneen Zoabi (NDA-Balad-Tajammu') from upcoming Knesset elections on 22 January 2013. All nine of the justices on the expanded Supreme Court panel that heard the case voted to allow MK Zoabi to run. The Court did not issue a detailed judgment at this time, but will issue one at a later date.
The Supreme Court held a special hearing to consider the CEC's disqualification of MK Zoabi on 27 December 2012. Adalah General Director Attorney Hassan Jabareen and Adalah Attorney Sawsan Zaher represented MK Zoabi.
Speaking before the court, Attorney Jabareen contended that the main justification used to disqualify MK Zoabi was her participation in the Gaza Freedom Flotilla in 2010. He argued that all investigations into the Flotilla including those undertaken by the Attorney General, the Knesset Ethics Committee, and the official Turkel Committee appointed by the Israeli government found no evidence of any criminal offense by MK Zoabi. Attorney Jabareen surprised the court by announcing that the government of Israel did not declare the Turkish "IHH" as a terrorist organization until a few weeks ago; thus, indeed, MK Zoabi's participation cannot at all, legally, be considered support for a terrorist organization. Finally, he asked, "How can MK Zoabi be accused of support for terrorism when not one indictment has been served against her until today?"
Following the Supreme Court’s unanimous ruling, Attorney Jabareen stated, “The fact that the repeated attempts to disqualify Arab MKs and political parties made over the last 15 years have had no legal basis, as the Israeli Supreme Court has consistently ruled, indicates that the aim of the right-wing is to de-legitimize the elected Arab leadership in Israel. The case of Haneen Zoabi differs from the others in that an attempt was made to de-humanize her and to attack her personally as a woman. She was also branded as a terrorist simply for participating in the Gaza Freedom Flotilla, which was a legitimate political act, and even though she has not been indicted for any crime. By contrast, some right-wing members of Knesset have been indicted for serious crimes and have even served time in prison, and yet there has been no attempt to expel them from the parliament. We welcome the Supreme Court’s decision today, which exposes the Central Elections Committee’s decision as racist and unjust.”
Case Citation: Elections Confirmation 9255/12, The Central Elections Committee v. Haneen Zoabi (decision delivered 30 December 2012)
For more information: Central Elections Committee Disqualifies MK Haneen Zoabi from Running in the Upcoming Israeli Elections, 19 December 2012
Adalah Submits Responses to Central Elections Committee (CEC) against the Disqualification of Arab Political Parties and MK Haneen Zoabi in the Israeli Elections, 17 December 2012
Elections Q & A: The 2013 Israeli Elections and Arab Parliamentarians, 11 December 2012
Contact: Salah Mohsen, Adalah’s Media Director, Mobile: 0525950922
