Israeli Supreme Court Delivers Detailed Decision in MK Haneen Zoabi’s Elections Disqualification Case

22/08/2013

Supreme Court: “A candidate cannot be disqualified based on “four articles from the Internet” and “Merely participating in the Gaza Flotilla does not amount to expressing support for armed struggle”

On 21 August 2013, the Supreme Court of Israel published the full decision, including the legal grounds for its ruling on 30 December 2012, to overturn the decision of the Central Elections Committee (CEC) to disqualify Arab MK Haneen Zoabi from participating in the elections to the Knesset. The justices ruled that disqualifying an individual candidate or political party is a drastic measure that should be reserved only for extraordinary cases. Adalah’s General Director, Attorney Hassan Jabareen, and Adalah Attorney Sawsan Zaher represented MK Zoabi before the CEC and the Supreme Court.

Regarding the allegations that were made against MK Zoabi, who won a seat in the new 19^th Knesset representing the Arab National Democratic Assembly (NDA) or Balad party, the justices held that the evidence presented before the court was insufficient. Supreme Court President Justice Asher Grunis noted that, “Anyone who demands the revocation of one of the most basic democratic rights cannot suffice with four articles from the Internet which, at best, only provide a glimpse of a person’s beliefs.”

The justices also rejected the argument, made by the Likud and other right-wing MKs who filed the disqualification motion against MK Zoabi, that her participation in the Gaza Freedom Flotilla in 2010 constituted an expression of her support of a terror organization's armed struggle against the State of Israel. Arab Supreme Court Justice Salim Joubran stated in his opinion that, “Merely participating in the Gaza Flotilla does not amount to expressing support for armed struggle.” Concerning allegations of links between MK Zoabi and the Hamas leadership, Justice Joubran emphasized that, “There is no evidence to demonstrate that such links went beyond the purely political context…and certainly no evidence was presented to link her to the armed struggle of Hamas.”

Adalah commented on the court’s decision as follows: “The ruling reiterates the position of the Attorney General and the Turkel Commission that MK Haneen Zoabi’s participation in the Flotilla was not an offense. The CEC’s decision to disqualify her, in the absence of any solid supporting evidence, in addition to its total disregard for the opinions of the official legal authorities of the State of Israel, constitutes political persecution and is part of an ongoing campaign to delegitimize the political activities of Arab citizens of Israel.”

MK Zoabi herself stated that, “After the vicious and inflammatory campaign against me by the Israeli media following my participation in the Flotilla, it is my right and the duty of the press to report on these legal arguments appropriately, just as it covered the lies and propaganda against me.”

She added, “Although the court’s decision did not address the events that occurred on the deck of the Mavi Marmara, I repeat and affirm that the sole threat I faced to my life was the threat posed by the [Israeli] soldiers of Unit 13 against the Flotilla’s activists. I view my participation as a legitimate political act against an inhumane blockade, as a moral duty, and I will take part in every possible opportunity in similar future Flotillas.”

The Supreme Court issued its unanimous ruling on 30 December 2012 to accept Adalah’s petition on behalf of MK Zoabi to overturn the CEC’s decision to disqualify her from the Knesset elections held in January 2013.

Adalah briefing, Elections Q&A: The 2013 Israeli elections and Arab Parliamentarians, 11 December 2012

(Picture: MK Haneen Zoabi of the Arab political party Balad/al-Tajammu')